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 Arizona. The parties hereto hereby (i) consent to the personal jurisdiction of the state and federal courts located in the State of Arizona 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 the Borrower in connection with this Agreement or the other Loan Documents may be venued in either the State or Federal courts located in Maricopa County, Arizona; 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 OR ANY OTHER LOAN DOCUMENT.

Appears in 3 contracts

Samples: Credit and Security Agreement (Bionova Holding Corp), Credit and Security Agreement (Zila Inc), Credit and Security Agreement (Schuff Acquisition 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 Arizona. This Agreement shall be governed by and construed in accordance with the substantive laws (other than conflict laws) of the State of Arizona. The parties hereto hereby (i) consent consents to the personal jurisdiction of the state and federal courts located in the State of Arizona Arizona, County of Maricopa 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 the Borrower in connection with this Agreement or the other Loan Documents may shall be venued in either the State or Federal courts located in Superior Court of Maricopa County, Arizona, or the United States District Court, District of Arizona; 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 OR ANY OTHER LOAN DOCUMENTAGREEMENT.

Appears in 3 contracts

Samples: Credit and Security Agreement (Royal Precision Inc), Credit and Security Agreement (Royal Precision Inc), Credit and Security Agreement (Royal Precision Inc)

Governing Law; Jurisdiction; Venue; Waiver of Jury Trial. The Except as expressly provided in another Loan Document, the Loan Documents shall be governed by and construed in accordance with the substantive laws (other than conflict laws) of the State of Arizona. The parties hereto hereby (i) consent to the personal jurisdiction of the state and federal courts located in the State of Arizona 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 the Borrower in connection with this Agreement or the other Loan Documents may be venued in either the State or Federal courts located in Maricopa County, Arizona; 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 OR ANY OTHER LOAN DOCUMENT.

Appears in 3 contracts

Samples: Security Agreement and Fixture Filing (HC2 Holdings, Inc.), And Security Agreement (Hc2 Holdings, Inc.), Credit and Security Agreement (Schuff International 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 Arizona. The parties hereto hereby (i) consent consents to the personal jurisdiction of the state and federal courts located in the State of Arizona 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 the Borrower in connection with this Agreement or the other Loan Documents may shall be venued in either the State or Federal courts located in Superior Court of Maricopa County, Arizona or the United States District Court, District of Arizona; 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 OR ANY OTHER LOAN DOCUMENTAGREEMENT.

Appears in 1 contract

Samples: Subordination Agreement (Autotradecenter Com 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 Arizona. This Agreement shall be governed by and construed in accordance with the substantive laws (other than conflict laws) of the State of Arizona. The parties hereto hereby (i) consent consents to the personal jurisdiction of the state and federal courts located in the State of Arizona Arizona, County of Maricopa 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 the Borrower in connection with this Agreement or the other Loan Documents may shall be venued in either the State or Federal courts located in Superior Court of Maricopa County, Arizona, or the United States District Court, District of Arizona; and (iv) agree agrees that a final judgment in any such suit, action or proceeding shall be 50 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 OR ANY OTHER LOAN DOCUMENTAGREEMENT.

Appears in 1 contract

Samples: Credit and Security Agreement (Royal Precision Inc)

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Governing Law; Jurisdiction; Venue; Waiver of Jury Trial. The Loan Documents (other than real estate related documents, if any) shall be governed by and construed in accordance with the substantive laws (other than conflict laws) of the State of Arizona. The parties hereto hereby to this Agreement (ia) consent to the personal jurisdiction of the state and federal courts located in the State of Arizona in connection with any controversy related to this Agreement; (iib) waive any argument that venue in any such forum is not convenient, ; (iiic) agree that any litigation initiated by the Lender Wxxxx Fargo or the Borrower Company in connection with this Agreement or the other Loan Documents may be venued in either the State state or Federal federal courts located in Maricopa Countythe City of Phoenix, County of Maricopa, State of Arizona; and (ivd) 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 OR ANY OTHER LOAN DOCUMENT.

Appears in 1 contract

Samples: Credit and Security Agreement (Emcore 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 Arizona. The parties hereto hereby (i) consent consents to the personal jurisdiction of the state and federal courts located in the State of Arizona 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 the Borrower in connection with this Agreement or the other Loan Documents may shall be venued in either the State Superior Court of Maricopa County or Federal courts located in Maricopa Countythe United States District Court, ArizonaDistrict of Arizona (Division 1); 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 OR ANY OTHER LOAN DOCUMENTAGREEMENT.

Appears in 1 contract

Samples: Credit and Security Agreement (Poore Brothers 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 Arizona. This Agreement shall be governed by and construed in accordance with the substantive laws (other than conflict laws) of the State of Arizona. The parties hereto hereby (i) consent consents to the personal jurisdiction of the state and federal courts located in the State of Arizona 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 the Borrower in connection with this Agreement or the other Loan Documents may shall be venued in either the State or Federal courts located in District Court of Maricopa County, Arizona, or the United States District Court, District of Arizona; 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 OR ANY OTHER LOAN DOCUMENTAGREEMENT.

Appears in 1 contract

Samples: Credit and Security Agreement (Laser Power Corp/Fa)

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