Common use of Jurisdiction and Process; Waiver of Jury Trial Clause in Contracts

Jurisdiction and Process; Waiver of Jury Trial. (a) Each Credit Party irrevocably submits to the non-exclusive jurisdiction of any New York State or federal court sitting in the Borough of Manhattan, The City of New York, over any suit, action or proceeding arising out of or relating to this Agreement, the Notes or any other Finance Document to which it is a party. To the fullest extent permitted by applicable law, each Credit Party irrevocably waives and agrees not to assert, by way of motion, as a defense or otherwise, any claim that it is not subject to the jurisdiction of any such court, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.

Jurisdiction and Process; Waiver of Jury Trial. (a) Each Credit Party party hereto irrevocably submits to the non-exclusive jurisdiction of any New York State or federal court sitting in the Borough of Manhattan, The City of New York, over any suit, action or proceeding arising out of or relating to this Agreement, the Notes Affiliate Guaranties or any other Finance Document to which it is a partythe Notes. To the fullest extent permitted by applicable law, each Credit Party of the Parent and the Issuer irrevocably waives and agrees not to assert, by way of motion, as a defense or otherwise, any claim that it is not subject to the jurisdiction of any such court, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.

Jurisdiction and Process; Waiver of Jury Trial. (a) Each Credit Party of the parties hereto irrevocably submits to the non-exclusive jurisdiction of any New York State or federal court sitting in the Borough of Manhattan, The City of New York, over any suit, action or proceeding arising out of or relating to this Agreement, the Notes or any other Finance Document to which it is a partythe Warrants. To the fullest extent permitted by applicable law, each Credit Party of the parties hereto irrevocably waives and agrees not to assert, by way of motion, as a defense or otherwise, any claim that it is not subject to the jurisdiction of any such court, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.

Jurisdiction and Process; Waiver of Jury Trial. (a) Each Credit Party of the Issuer and the MLP irrevocably submits to the non-exclusive jurisdiction of any New York State or federal court sitting in the New York City, Borough of Manhattan, The City of New York, over any suit, action or proceeding arising out of or relating solely to this Agreement, Agreement or the Notes or any other Finance Document to which it is a partyNotes. To the fullest extent permitted by applicable law, each Credit Party of the Issuer and the MLP irrevocably waives and agrees not to assert, by way of motion, as a defense or otherwise, any claim that it is not subject to the jurisdiction of any such court, 39 any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.

Jurisdiction and Process; Waiver of Jury Trial. (ai) Each Credit Issuer Party irrevocably submits to the non-exclusive jurisdiction of any New York State or federal court sitting in the Borough of Manhattan, The City of New York, over any suit, action or proceeding arising out of or relating to this Agreement, the Notes or any the other Finance Document to which it is a partyTransaction Documents. To the fullest extent permitted by applicable law, each Credit Issuer Party irrevocably waives and agrees not to assert, by way of motion, as a defense or otherwise, any claim that it is not subject to the jurisdiction of any such court, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.. -38-

Jurisdiction and Process; Waiver of Jury Trial. (a) Each Credit Party The Company irrevocably submits to the non-exclusive jurisdiction of any New York State state or federal court sitting in the Borough of Manhattan, The City of New York, over any suit, action or proceeding arising out of or relating to this Agreement, the Notes Collateral Documents, the Subsidiary Guaranty or any other Finance Document to which it is a partythe Notes. To the fullest extent permitted by applicable law, each Credit Party the Company irrevocably waives and agrees not to assert, by way of motion, as a defense or otherwise, any claim that it is not subject to the jurisdiction of any such court, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.

Jurisdiction and Process; Waiver of Jury Trial. (a) Each Credit Party of the Transaction Entities irrevocably submits to the non-exclusive jurisdiction of any New York State or federal court court, in each case, sitting in the Borough of Manhattan, The City of New York, over any suit, action or proceeding arising out of or relating to this Agreement, Agreement or the Notes or any other Finance Document to which it is a partyNotes. To the fullest extent permitted by applicable law, each Credit Party of the Transaction Entities irrevocably waives and agrees not to assert, by way of motion, as a defense or otherwise, any claim that it is not subject to the jurisdiction of any such court, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.

Jurisdiction and Process; Waiver of Jury Trial. (a) Each Credit Party party hereto and each Lender irrevocably submits to the non-exclusive jurisdiction of any New York State or federal court sitting in the Borough of Manhattan, The City of New York, over any suit, action or proceeding arising out of or relating to this Agreement, Agreement or the Notes or any other Finance Document to which it is a partyFinancing Documents. To the fullest extent permitted by applicable lawApplicable Law, each Credit Party such party and each Lender irrevocably waives and agrees not to assert, by way of motion, as a defense or otherwise, any claim that it is not subject to the jurisdiction of any such court, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.

Jurisdiction and Process; Waiver of Jury Trial. (a) Each Credit Party party hereto irrevocably submits to the non-exclusive jurisdiction of any New York State or federal court sitting in the Borough of Manhattan, The City of New York, over any suit, action or proceeding arising out of or relating to this Agreement, the Notes Pledge Agreement or any other Finance Document to which it is a partyPledged Securities. To the fullest extent permitted by applicable lawLaw, each Credit Party party hereto irrevocably waives and agrees not to assert, by way of motion, as a defense or otherwise, any claim that it is not subject to the jurisdiction of any such court, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.

Jurisdiction and Process; Waiver of Jury Trial. (a) Each Credit Party To the fullest extent permitted by applicable law, the Company irrevocably submits to the non-exclusive jurisdiction of any New York State or federal court sitting in the Borough of Manhattan, The City of New York, over any suit, action or proceeding arising out of or relating to this Agreement, Agreement or the Notes or any other Finance Document to which it is a partyNotes. To the fullest extent permitted by applicable law, each Credit Party the Company irrevocably waives and agrees not to assert, by way of motion, as a defense or otherwise, any claim that it is not subject to the jurisdiction of any such court, any objection that it may now or hereafter after the Execution Date have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.

Jurisdiction and Process; Waiver of Jury Trial. (a) Each Credit Party party hereto irrevocably submits to the non-exclusive jurisdiction of any New York State or federal court sitting in the Borough of Manhattan, The City of New York, over any suit, action or proceeding arising out of or relating to this Agreement, the Notes Affiliate Guaranties or any other Finance Document to which it is a partythe Notes. To the fullest extent permitted by applicable law, each Credit Party of the Parent and the Issuer irrevocably waives and agrees not to assert, by way of motion, as a defense or otherwise, any claim that it is not subject to the jurisdiction of any such court, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that -38- any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.

Jurisdiction and Process; Waiver of Jury Trial. (ai) Each Credit Issuer Party irrevocably submits to the non-exclusive jurisdiction of any New York State or federal court sitting in the Borough of Manhattan, The City of New York, over any suit, action or proceeding arising out of or relating to this Agreement, the Notes or any the other Finance Document to which it is a partyTransaction Documents. To the fullest extent permitted by applicable law, each Credit Issuer Party irrevocably waives and agrees not to assert, by way of motion, as a defense or otherwise, any claim that it is not subject to the jurisdiction of any such court, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.

Jurisdiction and Process; Waiver of Jury Trial. (ai) Each Credit Party irrevocably submits to the non-exclusive jurisdiction of any New York State or federal court sitting in the Borough of Manhattan, The City of New York, over any suit, action or proceeding arising out of or relating to this Agreement, the Notes or any the other Finance Document to which it is a partyTransaction Documents. To the fullest extent permitted by applicable law, each Credit Party irrevocably waives and agrees not to assert, by way of motion, as a defense or otherwise, any claim that it is not subject to the jurisdiction of any such court, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.

Jurisdiction and Process; Waiver of Jury Trial. (a) Each Credit Party of the Issuer and the MLP irrevocably submits to the non-exclusive jurisdiction of any New York State or federal court sitting in the New York City, Borough of Manhattan, The City of New York, over any suit, action or proceeding arising out of or relating solely to this Agreement, Agreement or the Notes or any other Finance Document to which it is a partyNotes. To the fullest extent permitted by applicable law, each Credit Party of the Issuer and the MLP irrevocably waives and agrees not to assert, by way of motion, as a defense or otherwise, any claim that it is not subject to the jurisdiction of any such court, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.. EXHIBIT C

Jurisdiction and Process; Waiver of Jury Trial. (a) Each Credit Party Guarantor irrevocably submits to the non-exclusive jurisdiction of any New York State state or federal court sitting in the Borough of Manhattan, The City of New York, over any suit, action or proceeding arising out of or relating to this AgreementParent Guaranty, the Notes Note Purchase Agreement or any other Finance Document to which it is a partythe Notes. To the fullest extent permitted by applicable law, each Credit Party Guarantor irrevocably waives and agrees not to assert, by way of motion, as a defense or otherwise, any claim that it is not subject to the jurisdiction of any such court, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.

Jurisdiction and Process; Waiver of Jury Trial. (a) Each Credit Party The Company and each holder of a Note irrevocably submits to the non-exclusive jurisdiction of any New York State or federal court sitting in the Borough of Manhattan, The City of New York, over any suit, action or proceeding arising out of or relating to this Agreement, Agreement or the Notes or any other Finance Document to which it is a partyNotes. To the fullest extent permitted by applicable law, the Company and each Credit Party holder of a Note irrevocably waives and agrees not to assert, by way of motion, as a defense or otherwise, any claim that it is not subject to the jurisdiction of any such court, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.

Jurisdiction and Process; Waiver of Jury Trial. (a) Each Credit Party and MDA Pledgor irrevocably submits to the non-exclusive jurisdiction of any New York State or federal court sitting in the Borough of Manhattan, The City of New York, over any suit, action or proceeding arising out of or relating to this Agreement, Agreement or the Notes or any other Finance Document to which it is a partyNotes. To the fullest extent permitted by applicable law, each Credit Party and MDA Pledgor irrevocably waives and agrees not to assert, by way of motion, as a defense or otherwise, any claim that it is not subject to the jurisdiction of any such court, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.

Jurisdiction and Process; Waiver of Jury Trial. (a) Each Credit Party of the Parent, the Company and Care GP irrevocably submits to the non-exclusive jurisdiction of any New York State or federal court sitting in the Borough of Manhattan, The City of New York, over any suit, action or proceeding arising out of or relating to this Agreement, Agreement or the Notes or any other Finance Document to which it is a partyNotes. To the fullest extent permitted by applicable law, each Credit Party of the Parent, the Company and Care GP irrevocably waives and agrees not to assert, by way of motion, as a defense or otherwise, any claim that it is not subject to the jurisdiction of any such court, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.

Jurisdiction and Process; Waiver of Jury Trial. (a) Each Credit Party irrevocably submits to the non-exclusive jurisdiction of any New York State or federal court sitting in the Borough of Manhattan, The City of New York, over any suit, action or proceeding arising out of or relating to this Agreement, Agreement (including the Notes Multiparty Guaranty) or any other Finance Document to which it is a partythe Notes. To the fullest extent permitted by applicable law, each Credit Party irrevocably waives and agrees not to assert, by way of motion, as a defense or otherwise, any claim that it is not subject to the jurisdiction of any such court, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.