Common use of Proceedings, Etc Clause in Contracts

Proceedings, Etc. ALL JUDICIAL PROCEEDINGS BROUGHT AGAINST THE ----------------- GUARANTOR ARISING OUT OF OR RELATING TO THIS GUARANTY MAY BE BROUGHT IN ANY STATE OR FEDERAL COURT OF COMPETENT JURISDICTION IN THE STATE OF NEW YORK, AND BY EXECUTION AND DELIVERY OF THIS GUARANTY THE GUARANTOR ACCEPTS FOR ITSELF AND IN CONNECTION WITH ITS PROPERTIES, GENERALLY AND UNCONDITIONALLY, THE NONEXCLUSIVE JURISDICTION OF THE AFORESAID COURTS AND WAIVES ANY DEFENSE OF FORUM NON CONVENIENS AND IRREVOCABLY AGREES TO BE BOUND BY ANY JUDGMENT RENDERED THEREBY IN CONNECTION WITH THIS GUARANTY. The Guarantor hereby designates and appoints CT Corporation System, presently located at ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇.▇. ▇▇▇▇▇ as its authorized agent (the "Process Agent") to accept and acknowledge on its behalf service of any and all process which may be served in any suit, action or proceeding in any New York State or United States Federal Court sitting in New York, and to receive and acknowledge on behalf of the Guarantor any Demands made by the Administrative Agent pursuant to Section 2 hereof. The Guarantor represents and warrants that the Process Agent has agreed in writing to accept such appointment and that true copies of such acceptance will be furnished to the Administrative Agent prior to the Effective Date under the Credit Agreement. The Guarantor agrees that the failure of the Process Agent to give notice to the Guarantor of any such service or Demand shall not impair the validity of such service or Demand or of any judgment rendered in any action or proceeding based thereon. Service of all process in any such proceeding in any such court and of any Demand under Section 2 hereof may be made by hand delivery, courier service or by registered or certified mail, return receipt requested, to the Process Agent, such service being hereby acknowledged by the Guarantor to be sufficient for personal jurisdiction in any action against the Guarantor in any such court and to be otherwise effective and binding service or demand in every respect. Nothing herein shall affect the right to serve process in any other manner permitted by law or shall limit the right of the Administrative Agent or any Bank to bring proceedings against the Guarantor in the courts of any other jurisdiction.

Proceedings, Etc. ALL JUDICIAL PROCEEDINGS BROUGHT AGAINST THE ----------------- GUARANTOR ARISING OUT OF OR RELATING TO THIS GUARANTY MAY BE BROUGHT IN ANY STATE OR FEDERAL COURT OF COMPETENT JURISDICTION IN THE STATE OF NEW YORK, AND BY EXECUTION AND DELIVERY OF THIS GUARANTY THE GUARANTOR ACCEPTS FOR ITSELF AND IN CONNECTION WITH ITS PROPERTIES, GENERALLY AND UNCONDITIONALLY, THE NONEXCLUSIVE JURISDICTION OF THE AFORESAID COURTS AND WAIVES ANY DEFENSE OF FORUM NON CONVENIENS AND IRREVOCABLY AGREES TO BE BOUND BY ANY JUDGMENT RENDERED THEREBY IN CONNECTION WITH THIS GUARANTY. The Guarantor hereby designates and appoints CT Corporation System, presently located at ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇.▇. ▇ ▇▇▇▇▇ ▇, as its authorized agent (the "Process Agent") to accept and acknowledge on its behalf service of any and all process which may be served in any suit, action or proceeding in any New York State or United States Federal Court sitting in New York, and to receive and acknowledge on behalf of the Guarantor any Demands made by the Administrative Agent pursuant to Section 2 hereof. The Guarantor represents and warrants that the Process Agent has agreed in writing to accept such appointment and that true copies of such acceptance will be furnished to the Administrative Agent prior to the Effective Date under the Credit Agreement. The Guarantor agrees that the failure of the Process Agent to give notice to the Guarantor of any such service or Demand shall not impair the validity of such service or Demand or of any judgment rendered in any action or proceeding based thereon. Service of all process in any such proceeding in any such court and of any Demand under Section 2 hereof may be made by hand delivery, courier service or by registered or certified mail, return receipt requested, to the Process Agent, such service being hereby acknowledged by the Guarantor to be sufficient for personal jurisdiction in any action against the Guarantor in any such court and to be otherwise effective and binding service or demand in every respect. Nothing herein shall affect the right to serve process in any other manner permitted by law or shall limit the right of the Administrative Agent or any Bank to bring proceedings against the Guarantor in the courts of any other jurisdiction.

Proceedings, Etc. ALL JUDICIAL PROCEEDINGS BROUGHT AGAINST THE ----------------- GUARANTOR BORROWER OR ANY DESIGNATED SUBSIDIARY ARISING OUT OF OR RELATING TO THIS GUARANTY AGREEMENT MAY BE BROUGHT IN ANY STATE OR FEDERAL COURT OF COMPETENT JURISDICTION IN THE STATE OF NEW YORK, AND BY EXECUTION AND DELIVERY OF THIS GUARANTY THE GUARANTOR AGREEMENT EACH OF BORROWER AND EACH DESIGNATED SUBSIDIARY ACCEPTS FOR ITSELF AND IN CONNECTION WITH ITS PROPERTIES, GENERALLY AND UNCONDITIONALLY, THE NONEXCLUSIVE JURISDICTION OF THE AFORESAID COURTS AND WAIVES ANY DEFENSE OF FORUM NON CONVENIENS AND IRREVOCABLY AGREES TO BE BOUND BY ANY JUDGMENT RENDERED THEREBY IN CONNECTION WITH THIS GUARANTYAGREEMENT. The Guarantor Borrower and each Designated Subsidiary hereby designates and appoints CT Corporation System, presently located at ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇.▇. ▇▇▇▇▇ as its authorized agent (the "Process Agent") to accept and acknowledge on its behalf service of any and all process which may be served in any suit, action or proceeding in any New York State or United States Federal Court sitting in New York, . Borrower and to receive and acknowledge on behalf of the Guarantor any Demands made by the Administrative Agent pursuant to Section 2 hereof. The Guarantor each Designated Subsidiary represents and warrants that the Process Agent such agent has agreed in writing to accept such appointment and that true copies of such acceptance will be furnished to the Administrative Agent prior to the Effective Date under the Credit AgreementDate. The Guarantor Borrower and each Designated Subsidiary agrees that the failure of the Process Agent such agent to give notice to the Guarantor Borrower or such Designated Subsidiary of any such service or Demand shall not impair the validity of such service or Demand or of any judgment rendered in any action or proceeding based thereon. Service of all process in any such proceeding in any such court and of any Demand under Section 2 hereof may be made by hand delivery, overnight courier service or by registered or certified mail, return receipt requested, to the Process Agentsuch agent, such service being hereby acknowledged by the Guarantor Borrower and each Designated Subsidiary to be sufficient for personal jurisdiction in any action against the Guarantor Borrower and each Designated Subsidiary in any such court and to be otherwise effective and binding service or demand in every respect. Nothing herein shall affect the right to serve process in any other manner permitted by law or shall limit the right of the Administrative Agent or any Bank to bring proceedings against the Guarantor Borrower and any Designated Subsidiary in the courts of any other jurisdiction.

Proceedings, Etc. ALL JUDICIAL PROCEEDINGS BROUGHT AGAINST THE ----------------- GUARANTOR BORROWER OR ANY DESIGNATED SUBSIDIARY ARISING OUT OF OR RELATING TO THIS GUARANTY AGREEMENT MAY BE BROUGHT IN ANY STATE OR FEDERAL COURT OF COMPETENT JURISDICTION IN THE STATE OF NEW YORK, AND BY EXECUTION AND DELIVERY OF THIS GUARANTY THE GUARANTOR AGREEMENT EACH OF BORROWER AND EACH DESIGNATED SUBSIDIARY ACCEPTS FOR ITSELF AND IN CONNECTION WITH ITS PROPERTIES, GENERALLY AND UNCONDITIONALLY, THE NONEXCLUSIVE JURISDICTION OF THE AFORESAID COURTS AND WAIVES ANY DEFENSE OF FORUM NON CONVENIENS AND IRREVOCABLY AGREES TO BE BOUND BY ANY JUDGMENT RENDERED THEREBY IN CONNECTION WITH THIS GUARANTYAGREEMENT. The Guarantor Borrower and each Designated Subsidiary hereby designates and appoints CT Corporation System, presently located at ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇.▇. ▇▇▇▇▇ as its authorized agent (the "Process Agent") to accept and acknowledge on its behalf service of any and all process which may be served in any suit, action or proceeding in any New York State or United States Federal Court sitting in New York, . Borrower and to receive and acknowledge on behalf of the Guarantor any Demands made by the Administrative Agent pursuant to Section 2 hereof. The Guarantor each Designated Subsidiary represents and warrants that the Process Agent such agent has agreed in writing to accept such appointment and that true copies of such acceptance will be furnished to the Administrative Agent prior to the Effective Date under the Credit AgreementDate. The Guarantor Borrower and each Designated Subsidiary agrees that the failure of the Process Agent such agent to give notice to the Guarantor Borrower or such Designated Subsidiary of any such service or Demand shall not impair the validity of such service or Demand or of any judgment rendered in any action or proceeding based thereon. Service of all process in any such proceeding in any such court and of any Demand under Section 2 hereof may be made by hand delivery, overnight courier service or by registered or certified mail, return receipt requested, to the Process Agentsuch agent, such service being hereby acknowledged by the Guarantor Borrower and each Designated Subsidiary to be sufficient for personal jurisdiction in any action against the Guarantor Borrower and each Designated Subsidiary in any such court and to be otherwise effective and binding service or demand in every respect. Nothing herein shall affect the right to serve process in any other manner permitted by law or shall limit the right of the Administrative Agent or any Bank to bring proceedings against the Guarantor Borrower and any Designated Subsidiary in the courts of any other jurisdiction. White Holding Mexico hereby expressly submits to the jurisdiction of the aforesaid courts and waives any jurisdiction rights it may have by reason of its present or future domicile or otherwise.