SUBMISSION TO JURISDICTION; WAIVER OF VENUE; SERVICE OF PROCESS. EACH DEBTOR HEREBY IRREVOCABLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF ANY UNITED STATES FEDERAL OR NEW YORK STATE COURT SITTING IN THE CITY OF NEW YORK, BOROUGH OF MANHATTAN IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT AND EACH DEBTOR HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN ANY SUCH COURT AND IRREVOCABLY WAIVES ANY OBJECTION IT MAY NOW OR HEREAFTER HAVE AS TO THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN SUCH A COURT OR THAT SUCH COURT IS AN INCONVENIENT FORUM. NOTHING HEREIN SHALL LIMIT THE RIGHT OF SECURED PARTY TO BRING PROCEEDINGS AGAINST ANY DEBTOR IN THE COURTS OF ANY OTHER JURISDICTION. ANY JUDICIAL PROCEEDING BY A DEBTOR AGAINST SECURED PARTY OR ANY AFFILIATE THEREOF INVOLVING, DIRECTLY OR INDIRECTLY, ANY MATTER IN ANY WAY ARISING OUT OF, RELATED TO, OR CONNECTION WITH THIS AGREEMENT SHALL BE BROUGHT ONLY IN A COURT IN NEW YORK, NEW YORK (AND SECURED PARTY HEREBY SUBMITS TO THE JURISDICTION OF SUCH COURT). NOTHING CONTAINED HEREIN SHALL BE DEEMED TO LIMIT IN ANY WAY ANY RIGHT OF SECURED PARTY TO SERVE PROCESS IN ANY MANNER PERMITTED BY LAW.
SUBMISSION TO JURISDICTION; WAIVER OF VENUE; SERVICE OF PROCESS. WAIVER. EACH PARTY HERETO AGREES THAT SECTIONS 13.09(b), 13.09(c), 13.09(d), AND 13.09(e) OF THE CREDIT AGREEMENT SHALL APPLY TO THIS AMENDMENT MUTATIS MUTANDIS.
SUBMISSION TO JURISDICTION; WAIVER OF VENUE; SERVICE OF PROCESS. Subsections (b), (c) and (d) of Section 11.18 of the Loan Agreement are hereby incorporated by reference herein, mutatis mutandis, and shall have the same force and effect as if originally set forth herein.
SUBMISSION TO JURISDICTION; WAIVER OF VENUE; SERVICE OF PROCESS. (a) Each Grantor irrevocably and unconditionally agrees that it will not commence any action, litigation or proceeding of any kind or description, whether in law or equity, whether in contract or in tort or otherwise, against any Secured Party or any Related Party of a Secured Party in any way relating to this Security Agreement or any other Credit Document or the transactions relating hereto or thereto, in any forum other than the courts of the State of New York sitting in New York County, and of the United States District Court of the Southern District of New York, and any appellate court from any thereof, and each of the parties hereto irrevocably and unconditionally submits to the jurisdiction of such courts and agrees that all claims in respect of any such action, litigation or proceeding may be heard and determined in such New York State court or, to the fullest extent permitted by Legal Requirement, in such federal court. Each of the parties hereto agrees that a final judgment in any such action, litigation 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. Nothing in this Security Agreement or in any other Credit Document shall affect any right that any Secured Party may otherwise have to bring any action or proceeding relating to this Security Agreement or any other Credit Document against any Grantor or its properties in the courts of any jurisdiction. Each party hereto irrevocably waives any objection, including any objection to the laying of venue or based on the grounds of forum non conveniens, which it may now or hereafter have to the bringing of any action or proceeding in such jurisdiction in respect of this Security Agreement or any other Credit Document or other document related thereto.
SUBMISSION TO JURISDICTION; WAIVER OF VENUE; SERVICE OF PROCESS. WAVIER OF JURY TRIAL.
SUBMISSION TO JURISDICTION; WAIVER OF VENUE; SERVICE OF PROCESS. 102 Section 11.23 Waiver of Jury Trial 103 Section 11.24 USA PATRIOT Act 104 Section 11.25 Confidentiality 104 TABLE OF CONTENTS (continued) Page
SUBMISSION TO JURISDICTION; WAIVER OF VENUE; SERVICE OF PROCESS. Sections 11.09(b), (c) and (d) of the Credit Agreement are hereby incorporated by reference mutatis mutandis. 1225182.03-CHISR02A - MSW
SUBMISSION TO JURISDICTION; WAIVER OF VENUE; SERVICE OF PROCESS. (a) The Parent and the Borrower each irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdiction of the courts of the Supreme Court of State of New York sitting in New York County and of the United States District Court of the Southern District of New York, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement or any other Credit Document, or for recognition or enforcement of any judgment, and each of the parties hereto irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in such state court or, to the fullest extent permitted by applicable law, in such federal court. Each of the parties hereto 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 law. Nothing in this Agreement or in any other Credit Document shall affect any right that the Lender may otherwise have to bring any action or proceeding relating to this Agreement or any other Credit Document against the Parent, the Borrower or any other Credit Party or its properties in the courts of any jurisdiction.
SUBMISSION TO JURISDICTION; WAIVER OF VENUE; SERVICE OF PROCESS. Each debtor hereby irrevocably submits to the exclusive jurisdiction of any united states federal or New York state court sitting in New York County, New York, in any action or proceeding arising out of or relating to this agreement and each Debtor hereby irrevocably agrees that all claims in respect of such action or proceeding may be heard and determined in any such court and irrevocably waives any objection it may now or hereafter have as to the venue of any such suit, action or proceeding brought in such a court or that such court is an inconvenient forum. Nothing herein shall limit the right of a Secured Party to bring proceedings against any Debtor in the courts of any other jurisdiction. Any judicial proceeding by a Debtor against a Secured Party any affiliate thereof involving, directly or indirectly, any matter in any way arising out of, related to, or connection with this Agreement shall be brought only in a court in New York County, New York (and each Secured Party hereby submits to the jurisdiction of such court). Each Debtor hereto hereby irrevocably waives personal service of process and consents to process being served in any such action or proceeding by mailing by registered or certified mail a copy thereof to such Debtor at the address for notices to it in accordance with section 5.3 of this Agreement and agrees that such notice shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right of a Secured Party to serve process in any manner permitted by law.
SUBMISSION TO JURISDICTION; WAIVER OF VENUE; SERVICE OF PROCESS. Borrower, on behalf of itself and each Borrower Subsidiary (a) hereby irrevocably submits to the jurisdiction of any Illinois State or Federal court sitting in Chicago, Illinois over any action or proceeding arising out of or relating to this Agreement or the Related Documents, and Borrower hereby irrevocably agrees that all claims in respect of such action or proceeding may be heard and determined in such Illinois State or Federal court and (b) agrees not to institute any legal
