Common use of SUBMISSION TO JURISDICTION; WAIVER OF VENUE Clause in Contracts

SUBMISSION TO JURISDICTION; WAIVER OF VENUE. The parties hereto hereby agree that any suit or proceeding arising in respect of this Agreement, or any of the matters contemplated hereby or thereby will be tried exclusively in the U.S. District Court for the Southern District of New York or, if such court does not have subject matter jurisdiction, in any state court located in the City and County of New York, and the parties hereto hereby agree to submit to the exclusive jurisdiction of, and venue in, such 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 applicable law. The parties hereto hereby agree that service of any process, summons, notice or document by registered mail addressed to the applicable parties will be effective service of process against such party for any action or proceeding relating to any such dispute. Nothing in this Section shall affect the rights of any Lender to serve legal process in any other manner permitted by applicable law. Each party hereto hereby irrevocably and unconditionally waives, to the fullest extent permitted by applicable Legal Requirement, any objection that it may now or hereafter have to the laying of venue of any action or proceeding arising out of or relating to this Agreement in any court referred to in this Section 9.14. Each of the parties hereto hereby agrees that Sections 5-1401 and 5-1402 of the General Obligations Law of the State of New York shall apply to this Agreement and irrevocably waives, to the fullest extent permitted by applicable Legal Requirement, the defense of any inconvenient forum to the maintenance of such action or proceeding in any such court.

SUBMISSION TO JURISDICTION; WAIVER OF VENUE. The parties hereto (a) Pledgor hereby agree that irrevocably and unconditionally submits, for itself and in respect its property in any suit action or proceeding arising in respect out of or relating to this Agreement, or for recognition or enforcement of any of the matters contemplated hereby or thereby will be tried exclusively judgment in the U.S. District Court for the Southern District of New York orrespect thereof, if such court does not have subject matter jurisdiction, in any state court located in the City and County of New York, and the parties hereto hereby agree to submit to the exclusive jurisdiction ofof any New York State or federal court of the United States of America sitting in New York City, and venue in, any appellate court from any thereof and each party hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in any such court, to the extent permitted by applicable law. Each of the parties party 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 applicable law. The parties hereto hereby agree that service of Nothing in this Agreement or the Note Purchase Agreement or the Transaction Documents shall affect any process, summons, notice or document by registered mail addressed right Investor may otherwise have to the applicable parties will be effective service of process against such party for bring any action or proceeding relating to any such dispute. Nothing this Agreement in this Section shall affect the rights courts of any Lender to serve legal process in any other manner permitted by applicable law. Each party hereto hereby irrevocably and unconditionally waives, to jurisdiction. (b) To the fullest extent permitted by under applicable Legal Requirementlaw, Pledgor irrevocably and unconditionally waives (i) any objection that it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement in any court referred to in this Section 9.14. Each of the parties hereto hereby agrees that Sections 5-1401 and 5-1402 of the General Obligations Law of the State of New York shall apply to this Agreement State or federal court, and irrevocably waives, to the fullest extent permitted by applicable Legal Requirement, (ii) the defense of that any inconvenient forum to the maintenance of such suit, action or proceeding is brought in any such an inconvenient court.

SUBMISSION TO JURISDICTION; WAIVER OF VENUE. The parties hereto hereby agree Borrower and each other Credit Party irrevocably and unconditionally agrees that it will not commence any suit action, litigation or proceeding arising of any kind or description, whether in respect of this Agreementlaw or equity, whether in contract or in tort or otherwise, against the Administrative Agent, any Lender, the Swing Line Lender, or any Related Party of the matters contemplated hereby foregoing in any way relating to this Agreement or thereby will be tried exclusively any other Credit Document or the transactions relating hereto or thereto, in any forum other than the U.S. courts of the State of New York sitting in New York County, and of the United States District Court for of the Southern District of New York or, if such court does not have subject matter jurisdiction, in any state court located in the City and County of New York, and any appellate court from any thereof, and each of the parties hereto hereby agree to submit irrevocably and unconditionally submits to the exclusive jurisdiction ofof such courts and agrees that all claims in respect of any such action, litigation or proceeding may be heard and venue indetermined in such New York State court or, to the fullest extent permitted by applicable Legal Requirement, in such federal court. Each of the parties hereto agrees that a final judgment in any such action 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 applicable lawLegal Requirement. The parties hereto hereby agree Nothing in this Agreement or in any other Credit Document shall affect any right that service of the Administrative Agent, any processLender, summons, notice or document by registered mail addressed the Swing Line Lender may otherwise have to the applicable parties will be effective service of process against such party for bring any action or proceeding relating to this Agreement or any such dispute. Nothing other Credit Document against the Borrower or any other Credit Party or its Properties in this Section shall affect the rights courts of any Lender to serve legal process in any jurisdiction. The Borrower and each other manner permitted by applicable law. Each party hereto hereby Credit Party irrevocably and unconditionally waives, to the fullest extent permitted by applicable Legal Requirement, any objection that it may now or hereafter have to the laying of venue of any action or proceeding arising out of or relating to this Agreement or any other Credit Document in any court referred to in this Section 9.14. Each of the parties hereto hereby agrees that Sections 5-1401 and 5-1402 of the General Obligations Law of the State of New York shall apply to this Agreement and irrevocably waives, to the fullest extent permitted by applicable Legal Requirement, the defense of any inconvenient forum to the maintenance of such action or proceeding in any such court. Each party hereto irrevocably consents to service of process in the manner provided for notices in Section 9.9. Nothing in this Agreement will affect the right of any party hereto to serve process in any other manner permitted by applicable Legal Requirement. (f) Section 9.21 (Integration) of the Credit Agreement is hereby amended by being re-numbered “Section 9.22