Common use of Governing Law; Jurisdiction; Venue; Waiver of Jury Trial Clause in Contracts

Governing Law; Jurisdiction; Venue; Waiver of Jury Trial. The Loan Documents shall be governed by and construed in accordance with the substantive laws (other than conflict laws) of the State of Colorado. The parties hereto hereby (i) consent to the personal jurisdiction of the state and federal courts located in the State of Colorado in connection with any controversy related to this Agreement; (ii) waive any argument that venue in any such forum is not convenient, (iii) agree that any litigation initiated by the Lender or any Borrower in connection with this Agreement or the other Loan Documents shall be venued in either the District Court for the City and County of Denver, Colorado, or the United States District Court, District of Colorado; and (iv) agree that a final judgment in any such suit, action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING BASED ON OR PERTAINING TO THIS AGREEMENT.

Appears in 3 contracts

Samples: Credit and Security Agreement (Heska Corp), Credit and Security Agreement (Heska Corp), Credit and Security Agreement (Heska Corp)

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Governing Law; Jurisdiction; Venue; Waiver of Jury Trial. The Loan Documents shall be governed by and construed in accordance with the substantive laws (other than conflict laws) of the State of Colorado. The parties hereto hereby (i) consent to the personal jurisdiction of the state and federal courts located in the State of Colorado in connection with any controversy related to this Agreement; (ii) waive any argument that venue in any such forum is not convenient, ; (iii) agree that any litigation initiated by the Lender or any the Borrower in connection with this Agreement or the other Loan Documents shall may be venued in either the District Court for state or federal courts located in the City and County of Denver, Colorado, or the United States District Court, District of Colorado; and (iv) agree that a final judgment in any such suit, action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING BASED ON OR PERTAINING TO THIS AGREEMENTAGREEMENT OR ANY OTHER LOAN DOCUMENT.

Appears in 2 contracts

Samples: Credit and Security Agreement (Metretek Technologies Inc), Credit and Security Agreement (Metretek Technologies Inc)

Governing Law; Jurisdiction; Venue; Waiver of Jury Trial. The Loan Documents shall be governed by and construed in accordance with the substantive laws (other than conflict laws) of the State of Colorado. The parties hereto hereby (i) consent consents to the personal jurisdiction of the state and federal courts located in the State of Colorado in connection with any controversy related to this Agreement; (ii) waive waives any argument that venue in any such forum is not convenient, (iii) agree agrees that any litigation initiated by the Lender or any the Borrower in connection with this Agreement or the other Loan Documents shall be venued in either the District Court for of the City and County of Denver, Colorado, or the United States District Court, District of Colorado; and (iv) agree agrees that a final judgment in any such suit, action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING BASED ON OR PERTAINING TO THIS AGREEMENT. [THE REMAINDER OF THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY.]

Appears in 2 contracts

Samples: Credit and Security Agreement (PetroHunter Energy Corp), Credit and Security Agreement (PetroHunter Energy Corp)

Governing Law; Jurisdiction; Venue; Waiver of Jury Trial. The Loan Documents shall be governed by and construed in accordance with the substantive laws (other than conflict laws) of the State of ColoradoColorado . The parties hereto hereby (i) consent to the personal jurisdiction of the state and federal courts located in the State of Colorado in connection with any controversy related to this Agreement; (ii) waive any argument that venue in any such forum is not convenient, ; (iii) agree that any litigation initiated by the Lender or any Borrower the Borrowers in connection with this Agreement or the other Loan Documents shall may be venued in either the District Court for state or federal courts located in the City and County of Denver, Colorado, or the United States District Court, District of Colorado; and (iv) agree that a final judgment in any such suit, action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING BASED ON OR PERTAINING TO THIS AGREEMENT.

Appears in 2 contracts

Samples: Credit and Security Agreement (Global Employment Holdings, Inc.), Credit and Security Agreement (Global Employment Holdings, Inc.)

Governing Law; Jurisdiction; Venue; Waiver of Jury Trial. The Loan Documents shall be governed by and construed in accordance with the substantive laws (other than conflict laws) of the State of Colorado. The This Agreement shall be governed by and construed in accordance with the substantive laws (other than conflict laws) of the State of Colorado. Each of the parties hereto hereby (i) consent consents to the personal jurisdiction of the state and federal courts located in the State of Colorado in connection with any controversy related to this Agreement; (ii) waive waives any argument that venue in any such forum is not convenient, (iii) agree agrees that any litigation initiated by the Lender or any the Borrower in connection with this Agreement or the other Loan Documents shall be venued in either the District Court for of the City and County of Denver, Colorado, or the United States District Court, District of Colorado; and (iv) agree agrees that a final judgment in any such suit, action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING BASED ON OR PERTAINING TO THIS AGREEMENT.

Appears in 2 contracts

Samples: Credit and Security Agreement (San Holdings Inc), Credit and Security Agreement (Vari L Co Inc)

Governing Law; Jurisdiction; Venue; Waiver of Jury Trial. The Loan Documents shall be governed by and construed in accordance with the substantive laws (other than conflict laws) of the State of ColoradoColorado . The parties hereto hereby (i) consent to the personal jurisdiction of the state and federal courts located in the State of Colorado in connection with any controversy related to this Agreement; (ii) waive any argument that venue in any such forum is not convenient, ; (iii) agree that any litigation initiated by the Lender or any the Borrower in connection with this Agreement or the other Loan Documents shall may be venued in either the District Court for state or federal courts located in the City and County of Denver, Colorado, or the United States District Court, District of Colorado; and (iv) agree that a final judgment in any such suit, action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. THE PARTIES BORROWER AND LENDER WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION AT LAW OR IN EQUITY OR IN ANY OTHER PROCEEDING BASED ON OR PERTAINING TO THIS AGREEMENT.AGREEMENT OR ANY OTHER LOAN DOCUMENT. Borrower’s Initials; _____ Lender’s Initials; _____

Appears in 1 contract

Samples: Credit and Security Agreement (Exabyte Corp /De/)

Governing Law; Jurisdiction; Venue; Waiver of Jury Trial. The Loan Documents shall be governed by and construed in accordance with the substantive laws (other than conflict laws) of the State of Colorado. The parties hereto hereby (i) consent to the personal jurisdiction of the state and federal courts located in the State of Colorado in connection with any controversy related to this Agreement; (ii) waive any argument that venue in any such forum is not convenient, ; (iii) agree that any litigation initiated by the Lender or any the Borrower in connection with this Agreement or the other Loan Documents shall may be venued in either the District Court for state or federal courts located in the City and County of Denver, Colorado, or the United States District Court, District of Colorado; and (iv) agree that a final judgment in any such suit, action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING BASED ON OR PERTAINING TO THIS AGREEMENT.

Appears in 1 contract

Samples: Credit and Security Agreement (Tradestar Services, Inc.)

Governing Law; Jurisdiction; Venue; Waiver of Jury Trial. The Loan Documents shall be governed by and construed in accordance with the substantive laws (other than conflict laws) of the State of Colorado. The parties hereto hereby (i) consent to the personal jurisdiction of the state and federal courts located in the State of Colorado in connection with any controversy related to this Agreement; (ii) waive any argument that venue in any such forum is not convenient, (iii) agree that any litigation initiated by the Lender or any Borrower in connection with this Agreement or the other Loan Documents shall may be venued in either the District Court for the State or Federal courts located in City and County of Denver, Colorado, or the United States District Court, District of Colorado; and (iv) agree that a final judgment in any such suit, action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING BASED ON OR PERTAINING TO THIS AGREEMENTAGREEMENT OR ANY OTHER LOAN DOCUMENT.

Appears in 1 contract

Samples: Credit and Security Agreement (Ramtron International Corp)

Governing Law; Jurisdiction; Venue; Waiver of Jury Trial. The Loan Documents shall be governed by and construed in accordance with the substantive laws (other than conflict laws) of the State of Colorado. The parties hereto hereby (i) consent to the personal jurisdiction of the state and federal courts located in the State of Colorado in connection with any controversy related to this Agreement; (ii) waive any argument that venue in any such forum is not convenient, ; (iii) agree that any litigation initiated by the Lender or any the Borrower in connection with this Agreement or the other Loan Documents shall may be venued in either the District Court for state or federal courts located in the City and County of Denver, Colorado, or the United States District Court, District of Colorado; and (iv) agree that a final judgment in any such suit, action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING BASED ON OR PERTAINING TO THIS AGREEMENTAGREEMENT OR ANY OTHER LOAN DOCUMENT. [The remainder of this page intentionally left blank.]

Appears in 1 contract

Samples: Credit and Security Agreement (Ciber Inc)

Governing Law; Jurisdiction; Venue; Waiver of Jury Trial. The Loan Documents shall Papers are being executed and delivered, and are intended to be governed by and construed performed, in accordance with the substantive laws (other than conflict laws) of the State of Colorado, and the substantive Laws of such state shall govern the validity, construction, enforcement, and interpretation of the Loan Papers, unless otherwise specified therein. The parties hereto hereby (i) consent Each party consents to the personal jurisdiction of the state and federal courts located in the State of Colorado in connection with any controversy related to this Agreement; (ii) waive , waives any argument that venue in any such forum is not convenient, (iii) agree convenient and agrees that any litigation initiated by the Lender or any Borrower of them in connection with this Agreement or the other Loan Documents shall be venued in either the District Court for of the City and County of Denver, Colorado, or the United States District Court, District of Colorado; and (iv) agree that a final judgment in any such suit. EACH OF THE BORROWER, action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. SUBSIDIARIES, AND THE PARTIES WAIVE BANK HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION LEGAL PROCEEDING ARISING OUT OF OR PROCEEDING BASED ON OR PERTAINING RELATING TO THIS AGREEMENTAGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Appears in 1 contract

Samples: Loan and Security Agreement (Horizon Organic Holding Corp)

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Governing Law; Jurisdiction; Venue; Waiver of Jury Trial. The Loan Documents shall be governed by and construed in accordance with the substantive laws (other than conflict laws) of the State of Colorado. The parties hereto hereby (i) consent to the personal jurisdiction of the state and federal courts located in the State of Colorado in connection with any controversy related to this Agreement; (ii) waive any argument that venue in any such forum is not convenient, ; (iii) agree that any litigation initiated by the Lender or any the Borrower in connection with this Agreement or the other Loan Documents shall be venued in either the District Court for of the City and County of Denver, Colorado, or the United States District Court, District of Colorado; and (iv) agree that a final judgment in any such suit, action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING BASED ON OR PERTAINING TO THIS AGREEMENT.

Appears in 1 contract

Samples: Credit and Security Agreement (Meteor Industries Inc)

Governing Law; Jurisdiction; Venue; Waiver of Jury Trial. The Loan Documents shall be governed by and construed in accordance with the substantive laws (other than conflict laws) of the State of Colorado. The parties hereto hereby (i) consent to the personal jurisdiction of the state and federal courts located in the State of Colorado in connection with any controversy related to this Agreement; (ii) waive any argument that venue in any such forum is not convenient, (iii) agree that any litigation initiated by the Lender or any the Borrower in connection with this Agreement or the other Loan Documents shall may be venued in either the District Court for State or Federal courts located in the City and County of Denver, Colorado, or the United States District Court, District of Colorado; and (iv) agree that a final judgment in any such suit, action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING BASED ON OR PERTAINING TO THIS AGREEMENTAGREEMENT OR ANY OTHER LOAN DOCUMENT.

Appears in 1 contract

Samples: Credit and Security Agreement (Metretek Technologies Inc)

Governing Law; Jurisdiction; Venue; Waiver of Jury Trial. The Loan Documents shall be governed by and construed in accordance with the substantive laws (other than conflict laws) of the State of Colorado. The parties hereto hereby (i) consent to the personal jurisdiction of the state and federal courts located in the State of Colorado in connection with any controversy related to this Agreement; (ii) waive any argument that venue in any such forum is not convenient, ; (iii) agree that any litigation initiated by the Lender or any the Borrower in connection with this Agreement or the other Loan Documents shall may be venued in either the District Court for state or federal courts located in the City and County of Denver, Colorado, or the United States District Court, District of Colorado; and (iv) agree that a final judgment in any such suit, action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. THE PARTIES BORROWER AND THE LENDER WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION AT LAW OR IN EQUITY OR IN ANY OTHER PROCEEDING BASED ON OR PERTAINING TO THIS AGREEMENTAGREEMENT OR ANY OTHER LOAN DOCUMENT.

Appears in 1 contract

Samples: Credit and Security Agreement (Gaia, Inc)

Governing Law; Jurisdiction; Venue; Waiver of Jury Trial. The Loan Documents shall be governed by and construed in accordance with the substantive laws (other than conflict laws) of the State of Colorado. The parties hereto hereby (i) consent to the personal jurisdiction of the state and federal courts located in the State of Colorado in connection with any controversy related to this Agreement; (ii) waive any argument that venue in any such forum is not convenient, (iii) agree that any litigation initiated by the Lender or any the Borrower in connection with this Agreement or the other Loan Documents shall may be venued in either the District Court for state or federal courts located in the City and County of Denver, Colorado, or the United States District Court, District of Colorado; Colorado and (iv) agree that a final judgment in any such suit, action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING BASED ON OR PERTAINING TO THIS AGREEMENTAGREEMENT OR ANY OTHER LOAN DOCUMENT.

Appears in 1 contract

Samples: Credit and Security Agreement (Dynamic Materials Corp)

Governing Law; Jurisdiction; Venue; Waiver of Jury Trial. The Loan Documents shall be governed by and construed in accordance with the substantive laws (other than conflict laws) of the State of ColoradoColorado . The parties hereto hereby (i) consent to the personal jurisdiction of the state and federal courts located in the State of Colorado in connection with any controversy related to this Agreement; (ii) waive any argument that venue in any such forum is not convenient, ; (iii) agree that any litigation initiated by the Lender or any the Borrower in connection with this Agreement or the other Loan Documents shall may be venued in either the District Court for state or federal courts located in the City and County of Denver, Colorado, or the United States District Court, District of Colorado; and (iv) agree that a final judgment in any such suit, action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. THE PARTIES BORROWER AND LENDER WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION AT LAW OR IN EQUITY OR IN ANY OTHER PROCEEDING BASED ON OR PERTAINING TO THIS AGREEMENT.AGREEMENT OR ANY OTHER LOAN DOCUMENT. Borrower’s Initials; Lender’s Initials;

Appears in 1 contract

Samples: Credit and Security Agreement (Exabyte Corp /De/)

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