Common use of Jurisdiction and Service of Process Clause in Contracts

Jurisdiction and Service of Process. Any legal action or proceeding with respect to this Guaranty shall be brought exclusively in the courts of the State of Arizona located in Maricopa County or of the United States for the District of Arizona, sitting in Phoenix, Arizona, and Guarantor accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts; provided, however, that nothing in this Guaranty shall limit or restrict Lender’s right to commence any proceeding in the federal or state courts located in the state in which a particular Site is located to the extent Lender deems such proceeding necessary or advisable to exercise remedies available under any Loan Document. Lender and Guarantor hereby irrevocably waive any objection, including any objection to the laying of venue or based on the grounds of forum non conveniens, that either of them may now or hereafter have to the bringing of any such action or proceeding in such jurisdictions. Guarantor hereby (a) irrevocably waives personal service of any and all legal process, summons, notices and other documents of any kind; (b) consents to such service in any suit, action or proceeding brought in the United States by any means permitted by Applicable Law, including by the mailing thereof to Guarantor’s address specified on the signature page hereto; and (c) agrees that a final judgment in any such 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 Applicable Law. ​

Appears in 4 contracts

Samples: Guaranty (Lodging Fund REIT III, Inc.), Guaranty (Lodging Fund REIT III, Inc.), Guaranty (Lodging Fund REIT III, Inc.)

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Jurisdiction and Service of Process. Any legal action or proceeding with respect to this Guaranty any Loan Document shall be brought exclusively in the courts of the State of Arizona located in Maricopa County or of the United States for the District of Arizona, sitting in Phoenix, Arizona, and Guarantor accepts Borrower and each other Credit Party unconditionally accepts, for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts; provided, however, that nothing in this Guaranty Modification shall limit or restrict Lender’s the right of Lender to commence any proceeding in the federal or state courts located in the state in which a particular the Site is located to the extent Lender deems such proceeding necessary or advisable to exercise remedies available under any Loan Document. Lender Lender, Borrower and Guarantor hereby each other Credit Party irrevocably waive any objection, including any objection to the laying of venue or based on the grounds of forum non conveniens, that either any of them may now or hereafter have to the bringing of any such action or proceeding in such jurisdictions. Guarantor hereby Each of Borrower and the other Credit Parties (a) irrevocably waives personal service of any and all legal process, summons, notices and other documents of any kind; (b) consents to such service in any suit, action or proceeding brought in the United States by any means permitted by Applicable Law, including by the mailing thereof to Guarantor’s the address of Borrower specified on the signature page hereto; and (c) agrees that a final judgment in any such 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 Applicable Law. ​law.

Appears in 3 contracts

Samples: Second Loan Modification Agreement (Summit Hotel Properties, Inc.), Second Loan Modification Agreement (Summit Hotel Properties, Inc.), Second Loan Modification Agreement (Summit Hotel Properties, Inc.)

Jurisdiction and Service of Process. Any legal action or proceeding with respect to this Guaranty shall be brought exclusively in the courts of the State of Arizona located in Maricopa County or of the United States for the District of Arizona, sitting in Phoenix, Arizona, and Guarantor accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts; provided, however, that nothing in this Guaranty shall limit or restrict Lender’s right to commence any proceeding in the federal or state courts located in the state in which a particular Site is located to the extent Lender deems such proceeding necessary or advisable to exercise remedies available under any Loan Document. Lender and Guarantor hereby irrevocably waive any objection, including any objection to the laying of venue or based on the grounds of forum non conveniens, that either of them may now or hereafter have to the bringing of any such action or proceeding in such jurisdictions. Guarantor hereby (a) irrevocably waives personal service of any and all legal process, summons, notices and other documents of any kind; (b) consents to such service in any suit, action or proceeding brought in the United States by any means permitted by Applicable Law, including by the mailing thereof to Guarantor’s address specified on the signature page hereto; and (c) agrees that a final judgment in any such 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 Applicable Law. ​.

Appears in 3 contracts

Samples: Guaranty (Condor Hospitality Trust, Inc.), Guaranty (Condor Hospitality Trust, Inc.), Guaranty (Lodging Fund REIT III, Inc.)

Jurisdiction and Service of Process. Any legal action or proceeding with respect to this Guaranty any Loan Document shall be brought exclusively in the courts of the State of Arizona located in Maricopa County or of the United States for the District of Arizona, sitting in Phoenix, Arizona, and Guarantor accepts each Credit Party unconditionally accepts, for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts; provided, however, that nothing in this Guaranty Agreement shall limit or restrict Lender’s right to commence any proceeding in the federal or state courts located in the state in which a particular Site is located to the extent Lender deems such proceeding necessary or advisable to exercise remedies available under any Loan Document. Lender and Guarantor hereby each Credit Party irrevocably waive any objection, including any objection to the laying of venue or based on the grounds of forum non conveniens, that either any of them may now or hereafter have to the bringing of any such action or proceeding in such jurisdictions. Guarantor hereby (a) Each Credit Party irrevocably waives personal service of any and all legal process, summons, notices and other documents of any kind; (b) kind and consents to such service in any suit, action or proceeding brought in the United States by any means permitted by Applicable Law, including by the mailing thereof to Guarantorsuch Credit Party (by registered or certified mail, postage prepaid) to such Credit Party’s address specified on the signature page hereto; notice address, determined as provided in Section 8.10 (and (c) shall be effective when such mailing shall be effective as provided in Section 8.10. Each Credit Party agrees that a final judgment in any such 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 Applicable Law. ​.

Appears in 2 contracts

Samples: Loan Agreement (Condor Hospitality Trust, Inc.), Loan Agreement (Condor Hospitality Trust, Inc.)

Jurisdiction and Service of Process. Any legal action or proceeding with respect to this Guaranty Assignment shall be brought exclusively in the courts of the State of Arizona located in Maricopa County or of the United States for the District of Arizona, sitting in Phoenix, Arizona, and Guarantor accepts Assignor and Manager unconditionally accept, for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts; provided, however, that nothing in this Guaranty Assignment shall limit or restrict Lender’s right to commence any proceeding in the federal or state courts located in the state in which a particular the Site is located to the extent Lender deems such proceeding necessary or advisable to exercise remedies available under any Loan Document. Lender Xxxxxx, Assignor and Guarantor hereby Manager irrevocably waive any objection, including any objection to the laying of venue or based on the grounds of forum non conveniens, that either any of them may now or hereafter have to the bringing of any such action or proceeding in such jurisdictions. Guarantor hereby (a) Both Assignor and Manager irrevocably waives waive personal service of any and all legal process, summons, notices and other documents of any kind; (b) kind and consents to such service in any suit, action or proceeding brought in the United States by any means permitted by Applicable Law, including by the mailing thereof to Guarantor’s address specified on the signature page hereto; such Assignor or Manager (by registered or certified mail, postage prepaid) to Assignor's or Manager's notice address, as provided herein (and (c) agrees shall be effective when such mailing shall be effective, as provided herein). Both Assignor and Manager agree that a final judgment in any such 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 Applicable Law. ​

Appears in 2 contracts

Samples: Management Agreement (Lodging Fund REIT III, Inc.), Management Agreement (Lodging Fund REIT III, Inc.)

Jurisdiction and Service of Process. Any legal action or proceeding with respect to this Guaranty any Loan Document shall be brought exclusively in the courts of the State of Arizona located in Maricopa County County, or of the United States of America for the District of Arizona, sitting in Phoenix, Arizona, and Guarantor accepts Borrower and each other Credit Party unconditionally accepts, for itself and in respect of its propertyProperty, generally and unconditionally, the jurisdiction of the aforesaid courts; provided, however, that nothing in this Guaranty Agreement shall limit or restrict LenderAgent’s right to commence any proceeding in the federal or state courts located in the state in which a particular Site is located to the extent Lender Agent deems such proceeding necessary or advisable to exercise remedies available under any Loan Document. Lender and Guarantor hereby The parties hereto irrevocably waive any objection, including any objection to the laying of venue or based on the grounds of forum non conveniens, that either any of them may now or hereafter have to the bringing of any such action or proceeding in such jurisdictions. Guarantor hereby Each of Borrower and the other Credit Parties (a) irrevocably waives personal service of any and all legal process, summons, notices and other documents of any kind; (b) consents to such service in any suit, action or proceeding brought in the United States by any means permitted by Applicable any applicable Requirement of Law, including by the mailing thereof to GuarantorBorrower’s address specified on the signature page hereto; and (c) agrees that a final judgment in any such 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 Applicable any applicable Requirement of Law. Nothing contained in this Section 8.19 shall affect the right of Agent or any Lender to serve process in any other manner permitted by applicable Requirements of Law or commence legal proceedings or otherwise proceed against any Credit Party in any other jurisdiction.

Appears in 1 contract

Samples: Loan Agreement (Lightstone Value Plus Real Estate Investment Trust III, Inc.)

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Jurisdiction and Service of Process. Any legal action or proceeding with respect to this Guaranty Assignment shall be brought exclusively in the courts of the State of Arizona located in Maricopa County or of the United States for the District of Arizona, sitting in Phoenix, ArizonaNew York having proper venue, and Guarantor Borrower accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts; provided, however, that nothing in this Guaranty Assignment shall limit or restrict Lender’s right to commence any proceeding in the federal or state courts located in the state in which a particular the Site is located to the extent Lender deems such proceeding necessary or advisable to exercise remedies available under any Loan Document. Lender Lender, Assignor and Guarantor hereby Manager irrevocably waive any objection, including any objection to the laying of venue or based on the grounds of forum non conveniens, that either any of them may now or hereafter have to the bringing of any such action or proceeding in such jurisdictions. Guarantor hereby (a) Both Assignor and Manager irrevocably waives waive personal service of any and all legal process, summons, notices and other documents of any kind; (b) kind and consents to such service in any suit, action or proceeding brought in the United States by any means permitted by Applicable Law, including by the mailing thereof to Guarantorsuch Assignor or Manager (by registered or certified mail, postage prepaid) to Assignor’s address specified on the signature page hereto; or Manager’s notice address, as provided herein (and (c) agrees shall be effective when such mailing shall be effective, as provided herein). Both Assignor and Manager agree that a final judgment in any such 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 Applicable Law. ​.

Appears in 1 contract

Samples: Regarding Management Agreement (Lodging Fund REIT III, Inc.)

Jurisdiction and Service of Process. Any legal action or proceeding with respect to this Guaranty any Loan Document shall be brought exclusively in the courts of the State of Arizona located in Maricopa County or of the United States for the District of Arizona, sitting in Phoenix, Arizona, and Guarantor accepts Borrower and each other Credit Party unconditionally accepts, for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts; provided, however, that nothing in this Guaranty Agreement shall limit or restrict Lender’s the right of Lender to commence any proceeding in the federal or state courts located in the state in which a particular the Site is located to the extent Lender deems such proceeding necessary or advisable to exercise remedies available under any Loan Document. Lender Lender, Borrower and Guarantor hereby each other Credit Party irrevocably waive any objection, including any objection to the laying of venue or based on the grounds of forum non conveniens, that either any of them may now or hereafter have to the bringing of any such action or proceeding in such jurisdictions. Guarantor hereby Each of Borrower and the other Credit Parties (a) irrevocably waives personal service of any and all legal process, summons, notices and other documents of any kind; (b) consents to such service in any suit, action or proceeding brought in the United States by any means permitted by Applicable Law, including by the mailing thereof to Guarantor’s the address of Borrower specified on the signature page hereto; and (c) agrees that a final judgment in any such 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 Applicable Law. ​law.

Appears in 1 contract

Samples: Loan Modification Agreement (Supertel Hospitality Inc)

Jurisdiction and Service of Process. Any legal action or proceeding with respect to this Guaranty Assignment shall be brought exclusively in the courts of the State of Arizona located in Maricopa County or of the United States for the District of Arizona, sitting in Phoenix, Arizona, and Guarantor accepts Assignor and Manager unconditionally accept, for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts; provided, however, that nothing in this Guaranty Assignment shall limit or restrict Lender’s right to commence any proceeding in the federal or state courts located in the state in which a particular the Site is located to the extent Lender deems such proceeding necessary or advisable to exercise remedies available under any Loan Document. Lender Xxxxxx, Assignor and Guarantor hereby Manager irrevocably waive any objection, including any objection to the laying of venue or based on the grounds of forum non conveniens, that either any of them may now or hereafter have to the bringing of any such action or proceeding in such jurisdictions. Guarantor hereby (a) Both Assignor and Manager irrevocably waives waive personal service of any and all legal process, summons, notices and other documents of any kind; (b) kind and consents to such service in any suit, action or proceeding brought in the United States by any means permitted by Applicable Law, including by the mailing thereof to Guarantor’s address specified on the signature page hereto; such Assignor or Manager (by registered or certified mail, postage prepaid) to Assignor's or Manager's notice address, as provided herein (and (c) agrees shall be effective when such mailing shall be effective, as provided herein). Both Assignor and Manager agree that a final judgment in any such 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 Applicable Law. ​.

Appears in 1 contract

Samples: Management Agreement (Lodging Fund REIT III, Inc.)

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