Submission to Jurisdiction Sample Clauses

Submission to Jurisdiction. Borrower, and any endorsers, sureties, guarantors and all others who are, or who may become, liable for the payment hereof severally, irrevocably and unconditionally (a) agree that any suit, action, or other legal proceeding arising out of or relating to this Note may be brought, at the option of the Lender, in a court of record of the State of Florida in Miami-Dade County, or in any other court of competent jurisdiction; (b) consent to the jurisdiction of each such court in any such suit, action or proceeding; and (c) waive any objection which it or they may have to the laying of venue of any such suit, action, o r proceeding in any of such courts.
Submission to Jurisdiction. BorrowerAny action, and suit or proceeding seeking to enforce any endorsers, sureties, guarantors and all others who areprovision of, or who may become, liable for the payment hereof severally, irrevocably and unconditionally (a) agree that based on any suit, action, or other legal proceeding matter arising out of or relating in connection with, this Agreement shall only be brought in any federal court located in Dallas County, Texas or any Texas state court located in Dallas County, Texas, and each party consents to this Note may be brought, at the option exclusive jurisdiction and venue of such courts (and of the Lender, in a court of record of the State of Florida in Miami-Dade County, or in any other court of competent jurisdiction; (bappropriate appellate courts therefrom) consent to the jurisdiction of each such court in any such suitaction, action suit or proceeding; proceeding and (c) waive irrevocably waives, to the fullest extent permitted by law, any objection which that it may now or they may hereafter have to the laying of the venue of any such suit, action, o r suit or proceeding in any such court or that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum. Process in any such action, suit or proceeding may be served on any party anywhere in the world, whether within or without the jurisdiction of any such courtscourt. Without limiting the foregoing, service of process on such party as provided in Section 8(c) shall be deemed effective service of process on such party.
Submission to Jurisdiction. Borrower, and any endorsers, sureties, guarantors and all others who are, or who may become, liable for the payment hereof severally, irrevocably and unconditionally The Company (ai) agree agrees that any suit, action, action or other legal proceeding against it arising out of or relating to this Note Indenture or the Securities, as the case may be, may be brought, at the option of the Lender, in a court of record of the State of Florida in Miami-Dade County, or instituted in any other federal court sitting in The City of competent jurisdictionNew York; (bii) consent waives, to the jurisdiction of each such court in any such suitfullest extent permitted by applicable law, action or proceeding; and (c) waive any objection which it may now or they may hereafter have to the laying of venue of any such suit, actionaction or proceeding, o r and any claim that any suit, action or proceeding in any such a court has been brought in an inconvenient forum; and (iii) submits to the non-exclusive jurisdiction of such courtscourts in any suit, action or proceeding.
Submission to Jurisdiction. Borrower, and any endorsers, sureties, guarantors and all others who are, or who may become, liable for the payment hereof severally, irrevocably and unconditionally (a) agree that any Any legal suit, action, action or other legal proceeding arising out of or relating to based upon this Note Warrant or the transactions contemplated hereby may be broughtinstituted in the courts located in Road Town, at the option of the LenderTortola, in a court of record of the State of Florida in Miami-Dade CountyBritish Virgin Islands, or in any other court of competent jurisdiction; (b) consent as well as to the jurisdiction of all courts to which an appeal may be taken from such courts, and each party irrevocably submits to the exclusive jurisdiction of such court courts in any such suit, action or proceeding; . Service of process, summons, notice or other document by certified or registered mail to such partys address set forth herein shall be effective service of process for any suit, action or other proceeding brought in any such court. The parties irrevocably and (c) unconditionally waive any objection which it or they may have to the laying of venue of any suit, action or any proceeding in such courts and irrevocably waive and agree not to plead or claim in any such court that any such suit, action, o r action or proceeding brought in any of such courtscourt has been brought in an inconvenient forum.
Submission to Jurisdiction. BorrowerEACH PARTY HEREBY IRREVOCABLY CONSENTS TO THE NON-EXCLUSIVE JURISDICTION OF ANY NEW YORK STATE COURT SITTING IN THE BOROUGH OF MANHATTAN, and any endorsersNEW YORK CITY IN ANY LITIGATION OR OTHER PROCEEDING BASED HEREON, suretiesOR ARISING OUT OF, guarantors and all others who areUNDER, or who may becomeOR IN CONNECTION WITH, liable for the payment hereof severallyANY LOAN DOCUMENT, irrevocably and unconditionally OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (aWHETHER ORAL OR WRITTEN) agree that any suitOR ACTIONS OF A SECURED PARTY OR AN OBLIGOR IN CONNECTION HEREWITH OR THEREWITH; PROVIDED, action, or other legal proceeding arising out of or relating to this Note may be brought, at the option of the Lender, in a court of record of the State of Florida in Miami-Dade County, or in any other court of competent jurisdiction; (b) consent to the jurisdiction of each such court in any such suit, action or proceeding; and (c) waive any objection which it or they may have to the laying of venue of any such suit, action, o r proceeding in any of such courtsTHAT NOTHING HEREIN SHALL LIMIT THE RIGHT OF A SECURED PARTY TO BRING PROCEEDINGS AGAINST AN OBLIGOR IN THE COURTS OF ANY OTHER JURISDICTION.
Submission to Jurisdiction. Borrower, and any endorsers, sureties, guarantors and all others who are, or who may become, liable for the payment hereof severally, irrevocably and unconditionally The Company (a) agree agrees that any suit, action, action or other legal proceeding against it arising out of or relating to this Note Indenture or the Notes, as the case may be, may be brought, at the option of the Lender, in a court of record of the State of Florida in Miami-Dade County, or instituted in any other U.S. federal court with applicable subject matter jurisdiction sitting in The City of competent jurisdictionNew York; (b) consent waives, to the jurisdiction of each such court in any such suitfullest extent permitted by applicable law, action or proceeding; and (c) waive any objection which it may now or they may hereafter have to the laying of venue of any such suit, actionaction or proceeding, o r and any claim that any suit, action or proceeding in any such a court has been brought in an inconvenient forum; and (c) submits to the non-exclusive jurisdiction of such courtscourts in any suit, action or proceeding.
Submission to Jurisdiction. BorrowerBORROWER, and any endorsersAND ANY ENDORSERS, suretiesSURETIES, guarantors and all others who areGUARANTORS AND ALL OTHERS WHO ARE, or who may becomeOR WHO MAY BECOME, liable for the payment hereof severallyLIABLE FOR THE PAYMENT HEREOF SEVERALLY, irrevocably and unconditionally IRREVOCABLY AND UNCONDITIONALLY (aA) agree that any suitAGREE THAT ANY SUIT, actionACTION, or other legal proceeding arising out of or relating to this Note may be broughtOR OTHER LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS NOTE OR ANY OTHER AGREEMENT, at the option of the LenderDOCUMENT OR INSTRUMENT DELIVERED PURSUANT TO, in a court of record of the State of Florida in Miami-Dade CountyOR IN CONNECTION WITH THIS NOTE SHALL BE BROUGHT AND MAINTAINED IN THE COURTS IN AND FOR HAMILTON COUNTY, or in any other court of competent jurisdictionOHIO, OR IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO; (bB) consent to the jurisdiction of each such court in any such suitCONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS IN ANY SUCH SUIT, action or proceedingACTION OR PROCEEDING; and AND (cC) waive any objection which it or they may have to the laying of venue of any such suitWAIVE ANY OBJECTION WHICH IT OR THEY MAY HAVE TO THE LAYING OF VENUE OF ANY SUCH SUIT, actionACTION, o r proceeding in any of such courtsOR PROCEEDING IN ANY OF SUCH COURTS.
Submission to Jurisdiction. BorrowerEACH PARTY HEREBY IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF ANY UNITED STATES FEDERAL OR NEW YORK STATE COURT SITTING IN NEW YORK CITY, and any endorsersAND APPELLATE COURTS FROM ANY THEREOF, suretiesIN ANY LITIGATION OR OTHER PROCEEDING BASED HEREON, guarantors and all others who areOR ARISING OUT OF, or who may becomeUNDER, liable for the payment hereof severallyOR IN CONNECTION WITH, irrevocably and unconditionally ANY LOAN DOCUMENT, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (aWHETHER ORAL OR WRITTEN) agree that any suitOR ACTIONS OF AN AGENT, actionA LENDER OR THE LC ISSUER OR AN OBLIGOR IN CONNECTION HEREWITH OR THEREWITH; PROVIDED, or other legal proceeding arising out of or relating to this Note may be broughtTHAT NOTHING HEREIN SHALL LIMIT THE RIGHT OF AN AGENT, at the option of the Lender, in a court of record of the State of Florida in Miami-Dade County, or in any other court of competent jurisdiction; (b) consent to the jurisdiction of each such court in any such suit, action or proceeding; and (c) waive any objection which it or they may have to the laying of venue of any such suit, action, o r proceeding in any of such courtsA LENDER OR THE LC ISSUER TO BRING PROCEEDINGS AGAINST AN OBLIGOR IN THE COURTS OF ANY OTHER JURISDICTION.
Submission to Jurisdiction. Borrower, and any endorsers, sureties, guarantors and all others who are, or who may become, liable for the payment hereof severally, irrevocably and unconditionally The Company: (a) agree agrees that any suit, action, action or other legal proceeding against it arising out of or relating to this Note Indenture or the Notes, as the case may be, may be brought, at the option of the Lender, in a court of record of the State of Florida in Miami-Dade County, or instituted in any other U.S. federal court with applicable subject matter jurisdiction sitting in the City of competent jurisdictionNew York; (b) consent waives, to the jurisdiction of each such court in any such suitfullest extent permitted by applicable law, action or proceeding; and (c) waive any objection which it may now or they may hereafter have to the laying of venue of any such suit, actionaction or proceeding, o r and any claim that any suit, action or proceeding in any such a court has been brought in an inconvenient forum; and (c) submits to the nonexclusive jurisdiction of such courtscourts in any suit, action or proceeding.
Submission to Jurisdiction. BorrowerBORROWER, and any endorsersAND ANY ENDORSERS, suretiesSURETIES, guarantors and all others who areGUARANTORS AND ALL OTHERS WHO ARE, or who may becomeOR WHO MAY BECOME, liable for the payment hereof severallyLIABLE FOR THE PAYMENT HEREOF SEVERALLY, irrevocably and unconditionally IRREVOCABLY AND UNCONDITIONALLY (aA) agree that any suitAGREE THAT ANY SUIT, actionACTION, or other legal proceeding arising out of or relating to this Note may be broughtOR OTHER LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS NOTE OR ANY OTHER AGREEMENT, at the option of the LenderDOCUMENT OR INSTRUMENT DELIVERED PURSUANT TO, in a court of record of the State of Florida in Miami-Dade CountyOR IN CONNECTION WITH THIS NOTE SHALL BE BROUGHT AND MAINTAINED IN THE COURTS IN AND FOR SUFFOLK COUNTY, or in any other court of competent jurisdictionNEW YORK, OR IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK; (bB) consent to the jurisdiction of each such court in any such suitCONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS IN ANY SUCH SUIT, action or proceedingACTION OR PROCEEDING; and AND (cC) waive any objection which it or they may have to the laying of venue of any such suitWAIVE ANY OBJECTION WHICH IT OR THEY MAY HAVE TO THE LAYING OF VENUE OF ANY SUCH SUIT, actionACTION, o r proceeding in any of such courtsOR PROCEEDING IN ANY OF SUCH COURTS.
Submission to Jurisdiction. BorrowerBORROWER, and any endorsersAND ANY ENDORSERS, suretiesSURETIES, guarantors and all others who areGUARANTORS AND ALL OTHERS WHO ARE, or who may becomeOR WHO MAY BECOME, liable for the payment hereof severallyLIABLE FOR THE PAYMENT HEREOF SEVERALLY, irrevocably and unconditionally IRREVOCABLY AND UNCONDITIONALLY (aA) agree that any suitAGREE THAT ANY SUIT, actionACTION, or other legal proceeding arising out of or relating to this Note may be broughtOR OTHER LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS NOTE OR ANY OTHER AGREEMENT, at the option of the LenderDOCUMENT OR INSTRUMENT DELIVERED PURSUANT TO, in a court of record of the State of Florida in Miami-Dade CountyOR IN CONNECTION WITH THIS NOTE SHALL BE BROUGHT AND MAINTAINED IN THE COURTS IN AND FOR HAMILTON COUNTY, or in any other court of competent jurisdictionOHIO, OR IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO; (bB) consent to the jurisdiction of each such court in any such suitCONSENT TO THE JURISDICTION OF EACH SUCH COURT IN ANY SUCH SUIT, action or proceedingACTION OR PROCEEDING; and AND (cC) waive any objection which it or they may have to the laying of venue of any such suitWAIVE ANY OBJECTION WHICH IT OR THEY MAY HAVE TO THE LAYING OF VENUE OF ANY SUCH SUIT, actionACTION, o r proceeding in any of such courtsOR PROCEEDING IN ANY OF SUCH COURTS.
Appears in 3 contracts
Submission to Jurisdiction. BorrowerALL DISPUTES BETWEEN THE BORROWERS AND THE AGENT OR ANY LENDER BASED UPON, and any endorsersARISING OUT OF, sureties, guarantors and all others who are, or who may become, liable for the payment hereof severally, irrevocably and unconditionally OR IN ANY WAY RELATING TO (aA) agree that any suit, action, or other legal proceeding arising out of or relating to this Note may be brought, at the option of the Lender, in a court of record of the State of Florida in Miami-Dade County, or in any other court of competent jurisdictionTHIS AGREEMENT; (bB) consent to the jurisdiction of each such court in any such suitANY OTHER LOAN DOCUMENT; OR (C) ANY CONDUCT, action or proceedingACT OR OMISSION OF THE BORROWERS OR THE AGENT OR ANY LENDER OR ANY OF THEIR RESPECTIVE PARTNERS, EMPLOYEES, AGENTS, ATTORNEYS OR OTHER AFFILIATES, IN EACH CASE WHETHER SOUNDING IN CONTRACT, TORT OR EQUITY OR OTHERWISE AND IN CONNECTION WITH THE LOAN DOCUMENTS, SHALL BE RESOLVED ONLY BY STATE AND FEDERAL COURTS LOCATED IN NEW YORK, NEW YORK AND THE COURTS TO WHICH AN APPEAL THEREFROM MAY BE TAKEN; and PROVIDED, HOWEVER, THAT THE AGENT SHALL HAVE THE RIGHT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TO PROCEED AGAINST ANY BORROWER OR ITS PROPERTY IN (cA) waive any objection which it or they may have to the laying of venue of any such suitANY COURTS OF COMPETENT JURISDICTION AND VENUE AND (B) ANY LOCATION SELECTED BY THE AGENT TO ENABLE THE AGENT TO REALIZE ON SUCH PROPERTY, actionOR TO ENFORCE A JUDGMENT OR OTHER COURT ORDER IN FAVOR OF THE AGENT. EACH BORROWER WAIVES ANY OBJECTION THAT IT MAY HAVE TO THE LOCATION OF THE COURT IN WHICH THE AGENT HAS COMMENCED A PROCEEDING, o r proceeding in any of such courtsINCLUDING, WITHOUT LIMITATION, ANY OBJECTION TO THE LAYING OF VENUE OR BASED ON FORUM NON CONVENIENS.
Submission to Jurisdiction. BorrowerAny suit, and action or proceeding seeking to enforce any endorsers, sureties, guarantors and all others who areprovision of, or who may become, liable for the payment hereof severally, irrevocably and unconditionally (a) agree that based on any suit, action, or other legal proceeding matter arising out of or relating to in connection with, this Note may Agreement or the transactions contemplated hereby shall be broughtbrought in the Federal court sitting in Manhattan, at the option New York, New York, USA, and each of the Lender, in a court of record of the State of Florida in Miami-Dade County, or in any other court of competent jurisdiction; (b) consent Parties hereby irrevocably consents to the jurisdiction of each such court courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding; proceeding and (c) waive irrevocably waives, to the fullest extent permitted by law, any objection which that it may now or they may hereafter have to the laying of the venue of any such suit, action, o r action or proceeding in any of such courtscourt or that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.
Submission to Jurisdiction. Borrower, and any endorsers, sureties, guarantors and all others who are, or who may become, become liable for the payment hereof severally, irrevocably and unconditionally (a) agree that any suit, action, or other legal proceeding arising out of or relating to this Note may be brought, at the option of the Lender, in a court of record of the State of Florida in Miami-Dade County, in the United States District Court for the Southern District of Florida, or in any other court of competent jurisdiction; (b) consent to the jurisdiction of each such court in any such suit, action or proceedingproceedings; and (c) waive any objection which it or they may have to the laying of venue of any such suit, action, o r or proceeding in any of such courts.
Submission to Jurisdiction. Borrower, and any endorsers, sureties, guarantors and all others who are, or who may become, liable for the payment hereof severally, irrevocably and unconditionally (a) Both parties agree that any suitall disputes, actionclaims, actions or other legal proceeding lawsuits between them, arising out of or relating to this Note may Agreement, or for alleged breach of this Agreement, shall be brought, at the option of the Lender, in heard and determined by a state court of record of the State of Florida sitting in Miami-Dade County, Florida, or in any other court by the United States District Court for Southern District of competent jurisdiction; (b) consent Florida, or by their appellate courts. The parties expressly submit to the jurisdiction of each those courts for adjudication of all such court in disputes, claims, actions and lawsuits arising out of or relating to this Agreement, or for alleged breach of this Agreement, and agree not to bring any such suit, action or proceeding; and (c) waive any objection which it or they may have to the laying of venue of any such suit, action, o r proceeding in any other court. Both parties waive any defense of inconvenient forum as to the maintenance of any action or proceeding brought pursuant to this section of the Agreement in those courts, and waive any bond, surety, or other security that might be required of the other party with respect to any aspect of such courtsaction, to the extent permitted by law. Provided, however, that either party may bring a proceeding in a different court, jurisdiction or forum to obtain collection of any judgment, or to obtain enforcement of any injunction or order, entered against the other party.
Submission to Jurisdiction. Borrower, and any endorsers, sureties, guarantors and all others who are, or who may become, liable for the payment hereof severally, irrevocably and unconditionally (ai) agree that any suit, action, or other legal proceeding arising out of or relating to this Note may be brought, at the option of the Lender, in a court of record of the State of Florida New York, in Miami-Dade Countythe United States District Court for the Southern District of New York, or in any other court of competent jurisdiction; (bii) consent to the jurisdiction of each such court in any such suit, action or proceeding; and (c) waive any objection which it or they may have to the laying of venue of any such suit, action, o r or proceeding in any of such courts.
Appears in 3 contracts
Submission to Jurisdiction. BorrowerEACH PARTY KNOWINGLY AND VOLUNTARILY HEREBY (A) IRREVOCABLY SUBMITS TO THE SOLE AND EXCLUSIVE JURISDICTION OF THE STATE COURTS OF THE STATE OF TENNESSEE LOCATED IN NASHVILLE, and any endorsersDAVIDSON COUNTY, suretiesTENNESSEE, guarantors and all others who areOR IN THE EVENT (BUT ONLY IN THE EVENT) THAT NO SUCH STATE COURT HAS JURISDICTION, or who may becomeTHE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE, liable for the payment hereof severallyNASHVILLE DIVISION (THE TENNESSEE COURTS), irrevocably and unconditionally IN RESPECT OF ANY CLAIM, ACTION, SUIT, OR PROCEEDING UNDER, ARISING OUT OF, OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY, (aB) agree that any suitIRREVOCABLY WAIVES AND AGREES NOT TO ASSERT AS A DEFENSE IN OR TO ANY SUCH CLAIM, actionACTION, or other legal proceeding arising out of or relating to this Note may be broughtSUIT, at the option of the LenderOR PROCEEDING THAT SUCH PARTY IS NOT SUBJECT TO THE JURISDICTION OF THE TENNESSEE COURTS, in a court of record of the State of Florida in Miami-Dade CountyTHAT SUCH CLAIM, or in any other court of competent jurisdiction; ACTION, SUIT, OR PROCEEDING MAY NOT BE BROUGHT OR IS NOT MAINTAINABLE IN THE TENNESSEE COURTS OR THAT THE VENUE THEREOF MAY NOT BE APPROPRIATE, OR THAT THIS AGREEMENT MAY NOT BE CONSTRUED, INTERPRETED, OR ENFORCED IN OR BY THE TENNESSEE COURTS, AND (bC) consent to the jurisdiction of each such court in any such suitIRREVOCABLY AGREES THAT ALL CLAIMS A PART OF OR WITH RESPECT TO ANY SUCH CLAIM, action or proceeding; and (c) waive any objection which it or they may have to the laying of venue of any such suitACTION, actionSUIT, o r proceeding in any of such courtsOR PROCEEDING SHALL BE HEARD AND DETERMINED BY THE TENNESSEE COURTS. THE PARTIES HEREBY GRANT THE TENNESSEE COURTS JURISDICTION OVER THE PERSONS OF THE PARTIES AND, TO THE EXTENT PERMITTED BY LAW, OVER THE SUBJECT MATTER OF ANY SUCH CLAIM, ACTION, SUIT, OR PROCEEDING.
Submission to Jurisdiction. Borrower, and any endorsers, sureties, guarantors and all others who are, or who may become, liable for the payment hereof severally, irrevocably and unconditionally The Company (ai) agree agrees that any suit, action, action or other legal proceeding against it arising out of or relating to this Note Indenture or the Notes, as the case may be, may be brought, at the option of the Lender, in a court of record of the State of Florida in Miami-Dade County, or instituted in any other federal or state court sitting in The City of competent jurisdictionNew York; (bii) consent waives to the jurisdiction of each such court in any such suitfullest extent permitted by applicable law, action or proceeding; and (c) waive any objection which it may now or they may hereafter have to the laying of venue of any such suit, actionaction or proceeding, o r and any claim that any suit, action or proceeding in any such a court has been brought in an inconvenient forum; and (iii) submits to the non-exclusive jurisdiction of such courtscourts in any suit, action or proceeding.
Submission to Jurisdiction. Borrower, and any endorsers, sureties, guarantors and all others who are, or who may become, liable for the payment hereof severally, irrevocably and unconditionally The Company: (a) agree agrees that any suit, action, action or other legal proceeding against them arising out of or relating to this Note Indenture or the Notes, as the case may be, may be brought, at the option of the Lender, in a court of record of the State of Florida in Miami-Dade County, or instituted in any other U.S. federal court with applicable subject matter jurisdiction sitting in The City of competent jurisdictionNew York; (b) consent waives, to the jurisdiction of each such court in any such suitfullest extent permitted by applicable law, action or proceeding; and (c) waive any objection which it the Company may now or they may hereafter have to the laying of venue of any such suit, actionaction or proceeding, o r and any claim that any suit, action or proceeding in any such a court has been brought in an inconvenient forum; and (c) submits to the nonexclusive jurisdiction of such courtscourts in any suit, action or proceeding.
Submission to Jurisdiction. BorrowerALL DISPUTES BETWEEN OR AMONG THE BORROWER, and any endorsersTHE ADMINISTRATIVE AGENT OR ANY LENDER BASED UPON, suretiesARISING OUT OF, guarantors and all others who are, or who may become, liable for the payment hereof severally, irrevocably and unconditionally OR IN ANY WAY RELATING TO (aI) agree that any suit, action, or other legal proceeding arising out of or relating to this Note may be brought, at the option of the Lender, in a court of record of the State of Florida in Miami-Dade County, or in any other court of competent jurisdictionTHIS AGREEMENT; (bII) consent to the jurisdiction of each such court in any such suitANY OTHER LOAN DOCUMENT OR OTHER PRESENT OR FUTURE INSTRUMENT OR AGREEMENT BETWEEN OR AMONG THE BORROWER, action or proceedingTHE ADMINISTRATIVE AGENT AND A LENDER; and OR (cIII) waive any objection which it or they may have to the laying of venue of any such suitANY CONDUCT, actionACT OR OMISSION OF THE BORROWER, o r proceeding in any of such courtsTHE ADMINISTRATIVE AGENT, A LENDER OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, ADMINISTRATIVE AGENTS, ATTORNEYS OR OTHER AFFILIATES, IN EACH CASE WHETHER SOUNDING IN CONTRACT, TORT OR EQUITY OR OTHERWISE, SHALL BE RESOLVED ONLY BY STATE AND FEDERAL COURTS LOCATED IN NEW YORK, NEW YORK AND THE COURTS TO WHICH AN APPEAL THEREFROM MAY BE TAKEN; PROVIDED, HOWEVER, THAT THE ADMINISTRATIVE AGENT SHALL HAVE THE RIGHT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TO PROCEED AGAINST THE BORROWER OR ITS PROPERTY IN (A) ANY COURTS OF COMPETENT JURISDICTION AND VENUE AND (B) ANY LOCATION SELECTED BY THE ADMINISTRATIVE AGENT TO ENABLE THE ADMINISTRATIVE AGENT TO REALIZE ON SUCH PROPERTY, OR TO ENFORCE A JUDGMENT OR OTHER COURT ORDER IN FAVOR OF THE ADMINISTRATIVE AGENT. THE BORROWER AGREES THAT IT WILL NOT ASSERT ANY PERMISSIVE COUNTERCLAIMS, SETOFFS OR CROSS-CLAIMS IN ANY PROCEEDING BROUGHT BY THE ADMINISTRATIVE AGENT. THE BORROWER WAIVES ANY OBJECTION THAT IT MAY HAVE TO THE LOCATION OF THE COURT IN WHICH THE ADMINISTRATIVE AGENT HAS COMMENCED A PROCEEDING, INCLUDING ANY OBJECTION TO THE LAYING OF VENUE OR BASED ON FORUM NON CONVENIENS.
Submission to Jurisdiction. BorrowerAny action, and suit or proceeding seeking to enforce any endorsers, sureties, guarantors and all others who areprovision of, or who may become, liable for the payment hereof severally, irrevocably and unconditionally (a) agree that based on any suit, action, or other legal proceeding matter arising out of or relating in connection with, this Agreement shall only be brought in any federal court located in Dallas County, Texas or any Texas state court located in Dallas County, Texas, and each party consents to this Note may be brought, at the option exclusive jurisdiction and venue of such courts (and of the Lender, in a court of record of the State of Florida in Miami-Dade County, or in any other court of competent jurisdiction; (bappropriate appellate courts therefrom) consent to the jurisdiction of each such court in any such suitaction, action suit or proceeding; proceeding and (c) waive irrevocably waives, to the fullest extent permitted by law, any objection which that it may now or they may hereafter have to the laying of the venue of any such suit, action, o r suit or proceeding in any such court or that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum. Process in any such action, suit or proceeding may be served on any party anywhere in the world, whether within or without the jurisdiction of any such courtscourt. Without limiting the foregoing, service of process on such party as provided in Section 4.3 shall be deemed effective service of process on such party.
Submission to Jurisdiction. Borrower, and any endorsers, sureties, guarantors and all others who are, or who may become, liable for the payment hereof severally, irrevocably and unconditionally The Company: (a) agree agrees that any suit, action, action or other legal proceeding against it arising out of or relating to this Note Indenture or the Securities, as the case may be, may be brought, at the option of the Lender, in a court of record of the State of Florida in Miami-Dade County, or instituted in any other U.S. federal court with applicable subject matter jurisdiction sitting in The City of competent jurisdictionNew York; (b) consent waives, to the jurisdiction of each such court in any such suitfullest extent permitted by applicable law, action or proceeding; and (c) waive any objection which it may now or they may hereafter have to the laying of venue of any such suit, actionaction or proceeding, o r and any claim that any suit, action or proceeding in any such a court has been brought in an inconvenient forum; and (c) submits to the non-exclusive jurisdiction of such courtscourts in any suit, action or proceeding.
Submission to Jurisdiction. BorrowerWITH RESPECT TO ANY SUIT, and any endorsersACTION OR PROCEEDINGS RELATING TO THIS GUARANTY (EACH, suretiesA PROCEEDING), guarantors and all others who areGUARANTORS IRREVOCABLY (A) SUBMIT TO THE NON-EXCLUSIVE JURISDICTION OF ANY STATE COURT SITTING IN THE ISLAND AND COUNTY OF MAUI, or who may becomeHAWAII, liable for the payment hereof severallyFEDERAL COURT SITTING IN THE STATE OF HAWAII, irrevocably and unconditionally OR STATE OR FEDERAL COURT SITTING IN NEW YORK COUNTY, NEW YORK, AND (aB) agree that any suitWAIVE ANY OBJECTION WHICH THEY MAY HAVE AT ANY TIME TO THE LAYING OF VENUE OF ANY PROCEEDING BROUGHT IN ANY SUCH COURT, actionWAIVES ANY CLAIM THAT ANY PROCEEDING HAS BEEN BROUGHT IN AN INCONVENIENT FORUM AND FURTHER WAIVE THE RIGHT TO OBJECT, or other legal proceeding arising out of or relating to this Note may be broughtWITH RESPECT TO SUCH PROCEEDING, at the option of the LenderTHAT SUCH COURT DOES NOT HAVE JURISDICTION OVER SUCH PARTY. NOTHING IN THIS GUARANTY SHALL PRECLUDE LENDER FROM BRINGING A PROCEEDING IN ANY OTHER JURISDICTION NOR WILL THE BRINGING OF A PROCEEDING IN ANY ONE OR MORE JURISDICTIONS PRECLUDE THE BRINGING OF A PROCEEDING IN ANY OTHER JURISDICTION. GUARANTORS FURTHER AGREE AND CONSENT THAT, in a court of record of the State of Florida in Miami-Dade CountyIN ADDITION TO ANY METHODS OF SERVICE OF PROCESS PROVIDED FOR UNDER APPLICABLE LAW, or in any other court of competent jurisdictionALL SERVICE OF PROCESS IN ANY PROCEEDING IN ANY STATE COURT SITTING IN THE ISLAND AND COUNTY OF MAUI, HAWAII, FEDERAL COURT SITTING IN THE STATE OF HAWAII, OR STATE OR FEDERAL COURT SITTING IN NEW YORK COUNTY, NEW YORK, MAY BE MADE BY CERTIFIED OR REGISTERED MAIL, RETURN RECEIPT REQUESTED, DIRECTED TO GUARANTORS AT THE ADDRESSES INDICATED ABOVE, AND SERVICE SO MADE SHALL BE COMPLETE UPON RECEIPT; EXCEPT THAT IF GUARANTORS SHALL REFUSE TO ACCEPT DELIVERY, SERVICE SHALL BE DEEMED COMPLETE FIVE (b5) consent to the jurisdiction of each such court in any such suit, action or proceeding; and (c) waive any objection which it or they may have to the laying of venue of any such suit, action, o r proceeding in any of such courtsDAYS AFTER THE SAME SHALL HAVE BEEN SO MAILED.
Submission to Jurisdiction. Borrower, and any endorsers, sureties, guarantors and all others who are, or who may become, liable for the payment hereof severally, irrevocably and unconditionally The Company (ai) agree agrees that any suit, action, action or other legal proceeding against it arising out of or relating to this Note Indenture or the Securities, as the case may be, may be brought, at the option of the Lender, in a court of record of the State of Florida in Miami-Dade County, or instituted in any other federal court sitting in The City of competent jurisdictionNew York; (bii) consent waives, to the jurisdiction of each such court in any such suit, action or proceeding; and (c) waive any objection which it or they may have to the laying of venue of any such suit, action, o r proceeding in any of such courts.the
Submission to Jurisdiction. Borrower, and any endorsers, sureties, guarantors and all others who are, or who may become, liable for the payment hereof severally, irrevocably and unconditionally The Company: (a) agree agrees that any suit, action, action or other legal proceeding against it arising out of or relating to this Note Indenture or the Notes, as the case may be, may be brought, at the option of the Lender, in a court of record of the State of Florida in Miami-Dade County, or instituted in any other U.S. federal court with applicable subject matter jurisdiction sitting in The City of competent jurisdictionNew York; (b) consent waives, to the jurisdiction of each such court in any such suitfullest extent permitted by applicable law, action or proceeding; and (c) waive any objection which it may now or they may hereafter have to the laying of venue of any such suit, actionaction or proceeding, o r and any claim that any suit, action or proceeding in any such a court has been brought in an inconvenient forum; and (c) submits to the non-exclusive jurisdiction of such courtscourts in any suit, action or proceeding.
Submission to Jurisdiction. Borrower, and any endorsers, sureties, guarantors and all others who are, or who may become, liable for the payment hereof severally, irrevocably and unconditionally The Company (a) agree agrees that any suit, action, action or other legal proceeding against it arising out of or relating to this Note Indenture or the Securities, as the case may be, may be brought, at the option of the Lender, in a court of record of the State of Florida in Miami-Dade County, or instituted in any other federal court sitting in the City of competent jurisdictionNew York; (b) consent waives to the jurisdiction of each such court in any such suitfullest extent permitted by applicable law, action or proceeding; and (c) waive any objection which it may now or they may hereafter have to the laying of venue of any such suit, actionaction or proceeding, o r and any claim that any suit, action or proceeding in any such a court has been brought in an inconvenient forum; and (c) submits to the non-exclusive jurisdiction of such courtscourts in any suit, action or proceeding.
Submission to Jurisdiction. BorrowerAny legal action, and any endorsers, sureties, guarantors and all others who aresuit, or who may become, liable for the payment hereof severally, irrevocably and unconditionally (a) agree that any suit, action, or other legal proceeding arising out of or relating to this Note Agreement may only be brought, at the option of the Lender, instituted in a state or federal court of record of in the State of Florida in Miami-Dade CountyNew York, and each Party agrees not to assert, by way of motion, as a defense, or otherwise, in any other court of competent jurisdiction; (b) consent such action, suit, or proceeding, any claim that it is not subject personally to the jurisdiction of each such court, that the action, suit, or proceeding is brought in an inconvenient forum, that the venue of the action, suit, or proceeding is improper or that this Agreement or the subject matter hereof may not be enforced in or by such court. Each Party further irrevocably submits to the jurisdiction of any such court in any such action, suit, action or proceeding; and (c) waive any objection which it or they may have to the laying of venue of any such suit, action, o r proceeding in any of such courts.
Submission to Jurisdiction. BorrowerAny action, and suit, claim, demand arbitration, alternate dispute resolution mechanism, investigation, inquiry, administrative hearing or any endorsersother actual, suretiesthreatened or completed proceeding, guarantors including any and all others who areappeals, seeking to enforce any provision of, or who may become, liable for the payment hereof severally, irrevocably and unconditionally (a) agree that based on any suit, action, or other legal proceeding matter arising out of or relating to in connection with, this Note Deed (an Enforcement Proceeding) may only be brought, at brought in the option Grand Court of the LenderCayman Islands, in a which will be the exclusive and only proper forum for adjudicating such Enforcement Proceeding, and each party consents to the exclusive jurisdiction and venue of such court of record (and of the State of Florida in Miami-Dade County, or in any other court of competent jurisdiction; (bappropriate appellate courts therefrom) consent to the jurisdiction of each such court in any such suitEnforcement Proceeding and irrevocably waives, action or proceeding; and (c) waive to the fullest extent permitted by law, any objection which that it may now or they may hereafter have to the laying of the venue of any such suit, Enforcement Proceeding in any such court or that any such Enforcement Proceeding brought in any such court has been brought in an inconvenient forum. Process in any such action, o r suit or proceeding may be served on any party anywhere in the world, whether within or without the jurisdiction of any of such courtscourt.
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Submission to Jurisdiction. Borrower, The Company and any endorsers, sureties, guarantors and all others who are, or who may become, liable for each of the payment hereof severally, irrevocably and unconditionally Guarantors (ai) agree agrees that any suit, action, action or other legal proceeding against it arising out of or relating to this Note Indenture or the Notes, as the case may be, may be brought, at the option of the Lender, in a court of record of the State of Florida in Miami-Dade County, or instituted in any other federal court with applicable subject matter jurisdiction sitting in the City of competent jurisdictionNew York; (bii) consent waives, to the jurisdiction of each such court in any such suitfullest extent permitted by applicable law, action or proceeding; and (c) waive any objection which it may now or they may hereafter have to the laying of venue of any such suit, actionaction or proceeding, o r and any claim that any suit, action or proceeding in any such a court has been brought in an inconvenient forum; and (iii) submits to the non-exclusive jurisdiction of such courtscourts in any suit, action or proceeding.
Submission to Jurisdiction. BorrowerALL DISPUTES BETWEEN OR AMONG THE BORROWER, and any endorsersTHE AGENT OR ANY LENDER BASED UPON, suretiesARISING OUT OF, guarantors and all others who are, or who may become, liable for the payment hereof severally, irrevocably and unconditionally OR IN ANY WAY RELATING TO (aI) agree that any suit, action, or other legal proceeding arising out of or relating to this Note may be brought, at the option of the Lender, in a court of record of the State of Florida in Miami-Dade County, or in any other court of competent jurisdictionTHIS AGREEMENT; (bII) consent to the jurisdiction of each such court in any such suitANY OTHER LOAN DOCUMENT OR OTHER PRESENT OR FUTURE INSTRUMENT OR AGREEMENT BETWEEN OR AMONG THE BORROWER, action or proceedingTHE AGENT AND A LENDER; and OR (cIII) waive any objection which it or they may have to the laying of venue of any such suitANY CONDUCT, actionACT OR OMISSION OF THE BORROWER, o r proceeding in any of such courtsTHE AGENT, A LENDER OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS OR OTHER AFFILIATES, IN EACH CASE WHETHER SOUNDING IN CONTRACT, TORT OR EQUITY OR OTHERWISE, SHALL BE RESOLVED ONLY BY STATE AND FEDERAL COURTS LOCATED IN NEW YORK, NEW YORK AND THE COURTS TO WHICH AN APPEAL THEREFROM MAY BE TAKEN; PROVIDED, HOWEVER, THAT THE AGENT SHALL HAVE THE RIGHT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TO PROCEED AGAINST THE BORROWER OR ITS PROPERTY IN (A) ANY COURTS OF COMPETENT JURISDICTION AND VENUE AND (B) ANY LOCATION SELECTED BY THE AGENT TO ENABLE THE AGENT TO REALIZE ON SUCH PROPERTY, OR TO ENFORCE A JUDGMENT OR OTHER COURT ORDER IN FAVOR OF THE AGENT. THE BORROWER AGREES THAT IT WILL NOT ASSERT ANY PERMISSIVE COUNTERCLAIMS, SETOFFS OR CROSS-CLAIMS IN ANY PROCEEDING BROUGHT BY THE AGENT. THE BORROWER WAIVES ANY OBJECTION THAT IT MAY HAVE TO THE LOCATION OF THE COURT IN WHICH THE AGENT HAS COMMENCED A PROCEEDING, INCLUDING, WITHOUT LIMITATION, ANY OBJECTION TO THE LAYING OF VENUE OR BASED ON FORUM NON CONVENIENS.
Submission to Jurisdiction. Borrower, and any endorsers, sureties, guarantors and all others who are, or who may become, liable for the payment hereof severally, irrevocably and unconditionally The Company (ai) agree agrees that any suit, action, action or other legal proceeding against it arising out of or relating to this Note Indenture or the Notes, as the case may be, may be brought, at the option of the Lender, in a court of record of the State of Florida in Miami-Dade County, or instituted in any other federal court with applicable subject matter jurisdiction sitting in the City of competent jurisdictionNew York; (bii) consent waives, to the jurisdiction of each such court in any such suitfullest extent permitted by applicable law, action or proceeding; and (c) waive any objection which it may now or they may hereafter have to the laying of venue of any such suit, actionaction or proceeding, o r and any claim that any suit, action or proceeding in any such a court has been brought in an inconvenient forum; and (iii) submits to the non-exclusive jurisdiction of such courtscourts in any suit, action or proceeding.
Submission to Jurisdiction. Borrower, and any endorsers, sureties, guarantors and all others who are, or who may become, liable for the payment hereof severally, irrevocably and unconditionally (a) agree that Each of the parties hereto, to the extent it may do so under applicable law, for purposes hereof and of all other Operative Agreements hereby (i) irrevocably submits itself to the non-exclusive jurisdiction of the courts of the State of New York sitting in the City of New York and to the non-exclusive jurisdiction of the United States District Court for the Southern District of New York, for the purposes of any suit, action, action or other legal proceeding arising out of this Agreement, the subject matter hereof or relating to this Note may be brought, at the option any of the Lender, in a court of record of the State of Florida in Miami-Dade Countytransactions contemplated hereby brought by any party or parties hereto or thereto, or in any other court their successors or permitted assigns, (ii) waives, and agrees not to assert, by way of competent jurisdiction; (b) consent to the jurisdiction of each such court motion, as a defense, or otherwise, in any such suit, action or proceeding; and (c) waive any objection which it or they may have to , that the laying of venue of any such suit, action, o r action or proceeding in any of such courts.is
Submission to Jurisdiction. Borrower, and any endorsers, sureties, guarantors and all others who are, or who may become, liable for the payment hereof severally, irrevocably and unconditionally (a) The parties hereby agree that any suit, actionaction or proceeding seeking to enforce any provision of, or other legal proceeding based on any matter arising out of or relating to in connection with, this Note may Agreement or the transactions contemplated hereby, whether in contract, tort or otherwise, shall be brought, at brought in the option United States District Court for the District of Delaware or in the Lender, in a court Court of record Chancery of the State of Florida Delaware (or, if such court lacks subject matter jurisdiction, in Miamithe Superior Court of the State of Delaware), so long as one of such courts shall have subject-Dade Countymatter jurisdiction over such suit, action or proceeding, and that any case of action arising out of this Agreement shall be deemed to have arisen from a transaction of business in any other court the State of competent jurisdiction; (b) consent Delaware. Each of the parties hereby irrevocably consents to the jurisdiction of each such court courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding; proceeding and (c) waive irrevocably waives, to the fullest extent permitted by law, any objection which that it may now or they may hereafter have to the laying of the venue of any such suit, action, o r action or proceeding in any such court or that any such suit, action or proceeding that is brought in any such court has been brought in an inconvenient form. Service of process, summons, notice or other document by registered mail to the address set forth in Section 12.04 shall be effective service of process for any suit, action or other proceeding brought in any such courtscourt.
Submission to Jurisdiction. BorrowerAny action, and suit or proceeding seeking to enforce any endorsers, sureties, guarantors and all others who areprovision of, or who may become, liable for the payment hereof severally, irrevocably and unconditionally (a) agree that based on any suit, action, or other legal proceeding matter arising out of or relating in connection with, this Agreement or the transaction contemplated hereby shall only be brought in any federal court located in Dallas County, Texas or any Texas state court located in Dallas County, Texas, and each party consents to this Note may be brought, at the option exclusive jurisdiction and venue of such courts (and of the Lender, in a court of record of the State of Florida in Miami-Dade County, or in any other court of competent jurisdiction; (bappropriate appellate courts therefrom) consent to the jurisdiction of each such court in any such suitaction, action suit or proceeding; proceeding and (c) waive irrevocably waives, to the fullest extent permitted by law, any objection which that it may now or they may hereafter have to the laying of the venue of any such suit, action, o r suit or proceeding in any such court or that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum. Process in any such action, suit or proceeding may be served on any party anywhere in the world, whether within or without the jurisdiction of any such courtscourt. Without limiting the foregoing, service of process on such party as provided in Section 7.04 shall be deemed effective service of process on such party.
Submission to Jurisdiction. BorrowerTHE COMPANY, and any endorsersAND ANY ENDORSERS, suretiesSURETIES, guarantors and all others who areGUARANTORS AND ALL OTHERS WHO ARE, or who may becomeOR WHO MAY BECOME, liable for the payment hereof severallyLIABLE FOR THE PAYMENT HEREOF SEVERALLY, irrevocably and unconditionally IRREVOCABLY AND UNCONDITIONALLY (aA) agree that any suitAGREE THAT ANY SUIT, actionACTION, or other legal proceeding arising out of or relating to this Note may be broughtOR OTHER LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS NOTE OR ANY OTHER AGREEMENT, at the option of the LenderDOCUMENT OR INSTRUMENT DELIVERED PURSUANT TO, in a court of record of the State of Florida in Miami-Dade CountyOR IN CONNECTION WITH THIS NOTE SHALL BE BROUGHT AND MAINTAINED IN THE STATE AND FEDERAL COURTS IN HAMILTON COUNTY, or in any other court of competent jurisdictionOHIO; (bB) consent to the jurisdiction of each such court in any such suitCONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS IN ANY SUCH SUIT, action or proceedingACTION OR PROCEEDING; and AND (cC) waive any objection which it or they may have to the laying of venue of any such suitWAIVE ANY OBJECTION WHICH IT OR THEY MAY HAVE TO THE LAYING OF VENUE OF ANY SUCH SUIT, actionACTION, o r proceeding in any of such courtsOR PROCEEDING IN ANY OF SUCH COURTS.
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Submission to Jurisdiction. Borrower, and any endorsers, sureties, guarantors and all others who are, or who may become, liable for Each of the payment hereof severally, parties irrevocably and unconditionally unconditionally: (ai) agree agrees that any suit, action, action or other legal or equitable proceeding arising out of of, or relating to to, this Note may Agreement shall be brought, at the option of the Lender, brought in a court of record of the State or Federal Courts of Florida appropriate jurisdiction located in Miami-Dade Broward County, or in any other court of competent jurisdictionFlorida; (bii) consent consents to the jurisdiction of each such court in any such suit, action or proceeding; and (ciii) waive waives any objection which that it or they may have to the laying of venue of any such suit, action, o r action or proceeding in any of such courts.
Submission to Jurisdiction. Borrower, and any endorsers, sureties, guarantors and all others who are, or who may become, liable for the payment hereof severally, irrevocably and unconditionally The Company (ai) agree agrees that any suit, action, action or other legal proceeding against it arising out of or relating to this Note Indenture or the Securities, as the case may be, may be brought, at the option of the Lender, in a court of record of the State of Florida in Miami-Dade County, or instituted in any other federal or state court sitting in The City of competent jurisdictionNew York; (bii) consent waives to the jurisdiction of each such court in any such suitfullest extent permitted by applicable law, action or proceeding; and (c) waive any objection which it may now or they may hereafter have to the laying of venue of any such suit, actionaction or proceeding, o r and any claim that any suit, action or proceeding in any such a court has been brought in an inconvenient forum; and (iii) submits to the non-exclusive jurisdiction of such courtscourts in any suit, action or proceeding.
Submission to Jurisdiction. BorrowerSubject to Section 12.15, and any endorsers, sureties, guarantors and all others who are, or who may become, liable for the payment hereof severally, irrevocably and unconditionally (a) parties hereby agree that any suit, actionaction or proceeding seeking to enforce any provision of, or other legal proceeding based on any matter arising out of or relating to in connection with, this Note may Agreement or the transactions contemplated hereby, whether in contract, tort or otherwise, shall be brought, at brought in the option United States District Court for the District of Delaware or in the Lender, in a court Court of record Chancery of the State of Florida Delaware (or, if such court lacks subject matter jurisdiction, in Miamithe Superior Court of the State of Delaware), so long as one of such courts shall have subject-Dade Countymatter jurisdiction over such suit, action or proceeding, and that any case of action arising out of this Agreement shall be deemed to have arisen from a transaction of business in any other court the State of competent jurisdiction; (b) consent Delaware. Each of the parties hereby irrevocably consents to the jurisdiction of each such court courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding; proceeding and (c) waive irrevocably waives, to the fullest extent permitted by law, any objection which that it may now or they may hereafter have to the laying of the venue of any such suit, action, o r action or proceeding in any such court or that any such suit, action or proceeding that is brought in any such court has been brought in an inconvenient form. Service of process, summons, notice or other document by registered mail to the address set forth in Section 12.3 shall be effective service of process for any suit, action or other proceeding brought in any such courtscourt.
Submission to Jurisdiction. BorrowerBORROWER, and any endorsersADMINISTRATIVE AGENT AND EACH OF THE LENDERS HEREBY IRREVOCABLY (I) AGREE THAT ANY SUIT, suretiesACTION OR OTHER LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, guarantors and all others who areTHE NOTES, or who may becomeTHE GUARANTY, liable for the payment hereof severallyANY SECURITY DOCUMENT, irrevocably and unconditionally OR ANY OTHER LOAN DOCUMENT MAY BE BROUGHT IN A COURT OF RECORD IN THE STATE OF COLORADO, CITY AND COUNTY OF DENVER OR IN THE COURTS OF THE UNITED STATES OF AMERICA LOCATED IN SUCH STATE AND COUNTY, (aII) agree that any suitCONSENT TO THE JURISDICTION OF EACH SUCH COURT IN ANY SUCH SUIT, actionACTION OR PROCEEDING, or other legal proceeding arising out of or relating to this Note may be brought(III) WAIVE ANY OBJECTION WHICH IT MAY HAVE TO THE LAYING OF VENUE OF ANY SUCH SUIT, at the option of the LenderACTION OR PROCEEDING IN ANY OF SUCH COURTS AND ANY CLAIM THAT ANY SUCH SUIT, in a court of record of the State of Florida in Miami-Dade CountyACTION OR PROCEEDING HAS BEEN BROUGHT IN AN INCONVENIENT FORUM AND (IV) AGREE AND CONSENT THAT ALL SERVICE OF PROCESS IN ANY SUCH SUIT, or in any other court of competent jurisdiction; ACTION OR PROCEEDING IN COLORADO STATE OR FEDERAL COURT SITTING IN DENVER, MAY BE MADE BY CERTIFIED OR REGISTERED MAIL, RETURN RECEIPT REQUESTED, DIRECTED TO BORROWER, ADMINISTRATIVE AGENT OR A LENDER, AS APPLICABLE, AT THE ADDRESS FOR NOTICES PURSUANT TO SECTION 14.02 HEREOF, AND SERVICE SO MADE SHALL BE COMPLETE FIVE (b5) consent to the jurisdiction of each such court in any such suitDAYS AFTER THE SAME SHALL HAVE BEEN SO MAILED. NOTHING IN THIS SECTION SHALL AFFECT THE RIGHT OF ADMINISTRATIVE AGENT OR ANY LENDER TO SERVE LEGAL PROCESS IN ANY OTHER MANNER PERMITTED BY LAW OR AFFECT THE RIGHT OF ADMINISTRATIVE AGENT OR ANY LENDER TO BRING ANY SUIT, action or proceeding; and (c) waive any objection which it or they may have to the laying of venue of any such suit, action, o r proceeding in any of such courtsACTION OR PROCEEDING AGAINST BORROWER OR THE PROPERTY OF BORROWER IN THE COURTS OF ANY OTHER JURISDICTIONS.
Submission to Jurisdiction. Borrower, The Issuer and any endorsers, sureties, guarantors and all others who are, or who may become, liable for the payment hereof severally, irrevocably and unconditionally Co-Obligor each (a) agree agrees that any suit, action, action or other legal proceeding against it arising out of or relating to this Note the Indenture or the Notes, as the case may be, may be broughtinstituted in any state or federal court with applicable subject matter jurisdiction sitting in the County of New York, at the option of the Lender, in a court of record of the State of Florida in Miami-Dade County, or in any other court of competent jurisdictionNew York; (b) consent waives, to the jurisdiction of each such court in any such suitfullest extent permitted by applicable law, action or proceeding; and (c) waive any objection which it may now or they may hereafter have to the laying of venue of any such suit, actionaction or proceeding, o r and any claim that any suit, action or proceeding in any such a court has been brought in an inconvenient forum; and (c) submits to the nonexclusive jurisdiction of such courtscourts in any suit, action or proceeding.
Submission to Jurisdiction. Borrower, and any endorsers, sureties, guarantors and all others who are, or who may become, liable for the payment hereof severally, irrevocably and unconditionally The Company (ai) agree agrees that any suit, action, action or other legal proceeding against it arising out of or relating to this Note Indenture or the 2020 Notes, as the case may be, may be broughtinstituted in any federal court sitting in the Borough of Manhattan, at the option The City of the LenderNew York, in a court County of record of the New York, State of Florida in Miami-Dade County, or in any other court of competent jurisdictionNew York; (bii) consent waives to the jurisdiction of each such court in any such suitfullest extent permitted by applicable law, action or proceeding; and (c) waive any objection which it may now or they may hereafter have to the laying of venue of any such suit, actionaction or proceeding, o r and any claim that any suit, action or proceeding in any such a court has been brought in an inconvenient forum; and (iii) submits to the non-exclusive jurisdiction of such courtscourts in any suit, action or proceeding.
Submission to Jurisdiction. BorrowerEACH PARTY HEREBY IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF ANY UNITED STATES FEDERAL OR NEW YORK STATE COURT SITTING IN THE BOROUGH OF MANHATTAN, and any endorsersNEW YORK CITY, suretiesAND APPELLATE COURTS FROM ANY THEREOF, guarantors and all others who areIN ANY LITIGATION OR OTHER PROCEEDING BASED HEREON, or who may becomeOR ARISING OUT OF, liable for the payment hereof severallyUNDER, irrevocably and unconditionally OR IN CONNECTION WITH, ANY LOAN DOCUMENT, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (aWHETHER ORAL OR WRITTEN) agree that any suitOR ACTIONS OF A SECURED PARTY OR AN OBLIGOR IN CONNECTION HEREWITH OR THEREWITH; PROVIDED THAT ANY SUIT SEEKING ENFORCEMENT AGAINST ANY COLLATERAL OR OTHER PROPERTY MAY BE BROUGHT, actionAT THE SECURED PARTY'S OPTION, or other legal proceeding arising out of or relating to this Note may be brought, at the option of the Lender, in a court of record of the State of Florida in Miami-Dade County, or in any other court of competent jurisdictionIN THE COURTS OF ANY JURISDICTION WHERE SUCH COLLATERAL OR OTHER PROPERTY MAY BE FOUND; (b) consent to the jurisdiction of each such court in any such suit, action or proceeding; and (c) waive any objection which it or they may have to the laying of venue of any such suit, action, o r proceeding in any of such courtsPROVIDED FURTHER THAT NOTHING HEREIN SHALL LIMIT THE RIGHT OF A SECURED PARTY TO BRING PROCEEDINGS AGAINST AN OBLIGOR IN THE COURTS OF ANY OTHER JURISDICTION.
Submission to Jurisdiction. BorrowerMaker, and any endorsers, sureties, guarantors and all others who are, or who may become, liable for the payment hereof severally, irrevocably and unconditionally (a) agree that any suit, action, or other legal proceeding arising out of or relating to this Note may be brought, at the option of the LenderPayee, in a court of record of the State of Florida in Miami-Dade Broward County, in the Circuit Court for the Seventeenth Judicial Circuit of Florida, or in any other court of competent jurisdiction; (b) consent to the jurisdiction of each such court in any such suit, action or proceeding; and (c) waive any objection which it or they may have to the laying of venue of any such suit, action, o r or proceeding in any of such courts.
Submission to Jurisdiction. BorrowerThe Parties acknowledge that a substantial portion of negotiations, anticipated performance and any endorsers, sureties, guarantors and all others who areexecution of this Agreement occurred, or who may becomeshall occur, liable for in Clark County, Nevada and that, therefore, each of the payment hereof severally, parties irrevocably and unconditionally unconditionally: (ai) agree agrees that any suit, action, action or other legal proceeding arising out of or relating to this Note may Agreement, or the transactions contemplated hereby, must be brought, at the option of the Lender, brought in a court of record of the State of Florida in Miami-Dade Clark County, or in any other court of competent jurisdictionNevada; (bii) consent consents to the jurisdiction of each such court in any such suit, action or proceeding; and (ciii) waive waives any objection which it or they may have to the laying of venue of any such suit, action, o r action or proceeding in any of such courts; and (iv) agrees that service of any court paper may be effected on such party by mail, as provided in this Agreement, or in such manner as may be provided under applicable laws or court rules in the State of Nevada.
Appears in 1 contract Agreement (Eworld Interactive, Inc.),
Submission to Jurisdiction. Borrower, Each of the Company and any endorsers, sureties, guarantors and all others who are, or who may become, liable for the payment hereof severally, irrevocably and unconditionally Guarantors: (a) agree agrees that any suit, action, action or other legal proceeding against it arising out of or relating to this Note Indenture or the Notes, as the case may be, may be brought, at the option of the Lender, in a court of record of the State of Florida in Miami-Dade County, or instituted in any other U.S. federal court with applicable subject matter jurisdiction sitting in The City of competent jurisdictionNew York; (b) consent waives, to the jurisdiction of each such court in any such suitfullest extent permitted by applicable law, action or proceeding; and (c) waive any objection which it may now or they may hereafter have to the laying of venue of any such suit, actionaction or proceeding, o r and any claim that any suit, action or proceeding in any such a court has been brought in an inconvenient forum; and (c) submits to the nonexclusive jurisdiction of such courtscourts in any suit, action or proceeding.
Submission to Jurisdiction. Borrower, and any endorsers, sureties, guarantors and all others who are, or who may become, liable for the payment hereof severally, irrevocably and unconditionally The Company (ai) agree agrees that any suit, action, action or other legal proceeding against it arising out of or relating to this Note Indenture or the Notes, as the case may be, may be brought, at the option of the Lender, in a court of record of the State of Florida in Miami-Dade County, or instituted in any other federal or state court sitting in the Borough of competent jurisdictionManhattan in The City of New York; (bii) consent waives to the jurisdiction of each such court in any such suitfullest extent permitted by applicable law, action or proceeding; and (c) waive any objection which it may now or they may hereafter have to the laying of venue of any such suit, actionaction or proceeding, o r and any claim that any suit, action or proceeding in any such a court has been brought in an inconvenient forum; and (iii) submits to the non-exclusive jurisdiction of such courtscourts in any suit, action or proceeding.
Submission to Jurisdiction. Borrower, and any endorsers, sureties, guarantors and all others who are, or who may become, liable for the payment hereof severally, irrevocably and unconditionally (a) The parties hereby agree that any suit, actionaction or proceeding seeking to enforce any provision of, or other legal proceeding based on any matter arising out of or relating to in connection with, this Note may Agreement or the transactions contemplated hereby, whether in contract, tort or otherwise, shall be brought, at brought in the option United States District Court for the District of Colorado or in the Lender, in a court Court of record Chancery of the State of Florida Colorado (or, if such court lacks subject matter jurisdiction, in Miamithe Superior Court of the State of Colorado), so long as one of such courts shall have subject-Dade Countymatter jurisdiction over such suit, action or proceeding, and that any case of action arising out of this Agreement shall be deemed to have arisen from a transaction of business in any other court the State of competent jurisdiction; (b) consent Colorado. Each of the parties hereby irrevocably consents to the jurisdiction of each such court courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding; proceeding and (c) waive irrevocably waives, to the fullest extent permitted by law, any objection which that it may now or they may hereafter have to the laying of the venue of any such suit, action, o r action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient form. Service of process, summons, notice or other document by registered mail to the address set forth in Section 5.01 shall be effective service of process for any suit, action or other proceeding brought in any such courtscourt.
Submission to Jurisdiction. Borrower, and any endorsers, sureties, guarantors and all others who are, or who may become, liable for the payment hereof severally, irrevocably and unconditionally (a) agree that any suitAny claim, action, suit or other legal proceeding seeking to enforce any provision of, or based on any matter arising out of or relating to in connection with, this Note Agreement or the transactions contemplated hereby may be broughtheard and determined in any California state or federal court sitting, at the option and each of the Lender, in a court parties hereto hereby consents to the exclusive jurisdiction of record such courts (and of the State of Florida in Miami-Dade County, or in any other court of competent jurisdiction; (b) consent to the jurisdiction of each such court appropriate appellate courts therefrom in any such suitclaim, action action, suit or proceeding; ) and (c) waive irrevocably waives, to the fullest extent permitted by law, any objection which that it may now or they may hereafter have to the laying of venue of any such suitclaim, action, o r suit or proceeding in any of such courtscourt or that any such claim, action, suit or proceeding that is brought in any such court has been brought in an inconvenient forum.
Submission to Jurisdiction. Borrower, and any endorsers, sureties, guarantors and all others who are, or who may become, liable for Each of the payment hereof severally, parties irrevocably and unconditionally (a) agree agrees that any suit, action, legal action or other legal proceeding arising out of or relating to this Note may Agreement, including the Debt Financing, the Debt Financing Commitment, any related fee letter and the transactions contemplated thereby, brought by any other party or its successors or assigns shall be broughtbrought and determined in any New York State or federal court sitting in the Borough of Manhattan in the City of New York (or, at the option if such court lacks subject matter jurisdiction, in any appropriate New York State or federal court), and each of the Lender, in a court of record parties hereby irrevocably submits to the exclusive jurisdiction of the State aforesaid courts for itself and with respect to its property, generally and unconditionally, with regard to any such action or proceeding arising out of Florida or relating to this Agreement and the transactions contemplated hereby, including the Debt Financing, the Debt Financing Commitment, any related fee letter and the transactions contemplated thereby. Each of the parties agrees not to commence any action, suit or proceeding relating thereto except in Miami-Dade Countythe courts described above in New York, or other than actions in any other court of competent jurisdiction; jurisdiction to enforce any judgment, decree or award rendered by any such court in New York as described herein. Each of the parties further agrees that notice as provided herein shall constitute sufficient service of process and the parties further waive any argument that such service is insufficient. Each of the parties hereby irrevocably and unconditionally waives, and agrees not to assert, by way of motion or as a defense, counterclaim or otherwise, in any action or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby, including the Debt Financing, the Debt Financing Commitment, any related fee letter and the transactions contemplated thereby, (ba) consent any claim that it is not personally subject to the jurisdiction of each the courts in New York as described herein for any reason, (b) that it or its property is exempt or immune from jurisdiction of any such court or from any legal process commenced in such courts (whether through service of notice, attachment prior to judgment, attachment in aid of execution of judgment, execution of judgment or otherwise) and (c) that (i) the suit, action or proceeding in any such court is brought in an inconvenient forum, (ii) the venue of such suit, action or proceeding; proceeding is improper or (iii) this Agreement, or the subject matter hereof, or the Debt Financing Commitment or any related fee letter, or, in each case, the subject matter thereof, may not be enforced in or by such courts. In furtherance and not in limitation of the foregoing, with respect to any claim, cross-claim, third-party claim, suit, Action or proceeding of any kind or description, whether in law or in equity, whether in contract or in tort or otherwise, involving any Financing Source or any Affiliate thereof arising out of or relating to the transactions contemplated by this Agreement, the Debt Financing, any alternative financing, the Debt Financing Commitment, and any related fee letters, the parties hereto agree that (i) such claims, suits, Actions or proceedings shall be subject to the exclusive jurisdiction of the state or federal courts located in the United States District Court for the Southern District of New York or any New York State court, in each case, sitting in the Borough of Manhattan, and the appellate courts therefrom, and (cii) waive any objection which it or they may have to the laying of venue of shall not bring any such claim, suit, action, o r Action or proceeding in any of such courtsother court.
Submission to Jurisdiction. Borrower, and any endorsers, sureties, guarantors and all others who are, or who may become, liable for the payment hereof severally, irrevocably and unconditionally The Company (ai) agree agrees that any suit, action, action or other legal proceeding against it arising out of or relating to this Note Indenture or the Securities, as the case may be, may be brought, at the option of the Lender, in a court of record of the State of Florida in Miami-Dade County, or instituted in any other federal court sitting in The City of competent jurisdictionNew York; (bii) consent waives to the jurisdiction of each such court in any such suitfullest extent permitted by applicable law, action or proceeding; and (c) waive any objection which it may now or they may hereafter have to the laying of venue of any such suit, actionaction or proceeding, o r and any claim that any suit, action or proceeding in any such a court has been brought in an inconvenient forum; and (iii) submits to the non-exclusive jurisdiction of such courtscourts in any suit, action or proceeding.
Submission to Jurisdiction. BorrowerThe Parties acknowledge that a substantial portion of negotiations, anticipated performance and any endorsers, sureties, guarantors and all others who areexecution of this Agreement occurred, or who may becomeshall occur, liable for in Pinellas County, Florida and that, therefore, each of the payment hereof severally, parties irrevocably and unconditionally unconditionally: (ai) agree agrees that any suit, action, action or other legal proceeding arising out of or relating to this Note may Agreement, or the transactions contemplated hereby, must be brought, at the option of the Lender, brought in a court of record of the State of Florida in Miami-Dade Pinellas County, or in any other court of competent jurisdictionFlorida; (bii) consent consents to the jurisdiction of each such court in any such suit, action or proceeding; and (ciii) waive waives any objection which it or they may have to the laying of venue of any such suit, action, o r action or proceeding in any of such courts; and (iv) agrees that service of any court paper may be effected on such party by mail, as provided in this Agreement, or in such manner as may be provided under applicable laws or court rules in the State of Florida.
Appears in 1 contract Agreement (Valcom, Inc),
Submission to Jurisdiction. Borrower, and any endorsers, sureties, guarantors and all others who are, or who may become, liable for the payment hereof severally, irrevocably and unconditionally The Company (ai) agree agrees that any suit, action, action or other legal proceeding against it arising out of or relating to this Note Indenture or the Notes, as the case may be, may be brought, at the option of the Lender, in a court of record of the State of Florida in Miami-Dade County, or instituted in any other federal court with applicable subject matter jurisdiction sitting in The City of competent jurisdictionNew York; (bii) consent waives, to the jurisdiction of each such court in any such suitfullest extent permitted by applicable law, action or proceeding; and (c) waive any objection which it may now or they may hereafter have to the laying of venue of any such suit, actionaction or proceeding, o r and any claim that any suit, action or proceeding in any such a court has been brought in an inconvenient forum; and (iii) submits to the non-exclusive jurisdiction of such courtscourts in any suit, action or proceeding.
Submission to Jurisdiction. Borrower, Each of the Company and any endorsers, sureties, guarantors and all others who are, or who may become, liable for the payment hereof severally, irrevocably and unconditionally Guarantor (ai) agree agrees that any suit, action, action or other legal proceeding against it arising out of or relating to this Note Indenture, the Guarantee or the Notes, as the case may be, may be brought, at the option of the Lender, in a court of record of the State of Florida in Miami-Dade County, or instituted in any other U.S. federal court with applicable subject matter jurisdiction sitting in The City of competent jurisdictionNew York; (bii) consent waives, to the jurisdiction of each such court in any such suitfullest extent permitted by applicable law, action or proceeding; and (c) waive any objection which it may now or they may hereafter have to the laying of venue of any such suit, actionaction or proceeding, o r and any claim that any suit, action or proceeding in any such a court has been brought in an inconvenient forum; and (iii) submits to the non-exclusive jurisdiction of such courtscourts in any suit, action or proceeding.
Submission to Jurisdiction. BorrowerALL DISPUTES BETWEEN BORROWER AND LENDER BASED UPON, and any endorsersARISING OUT OF, sureties, guarantors and all others who are, or who may become, liable for the payment hereof severally, irrevocably and unconditionally OR IN ANY WAY RELATING TO (aA) agree that any suit, action, or other legal proceeding arising out of or relating to this Note may be brought, at the option of the Lender, in a court of record of the State of Florida in Miami-Dade County, or in any other court of competent jurisdictionTHIS AGREEMENT; (bB) consent to the jurisdiction of each such court in any such suitANY OTHER LOAN DOCUMENT OR (C) ANY CONDUCT, action or proceedingACT OR OMISSION OF BORROWER OR LENDER OR ANY OF THEIR RESPECTIVE PARTNERS, EMPLOYEES, AGENTS, ATTORNEYS OR OTHER AFFILIATES, IN EACH CASE WHETHER SOUNDING IN CONTRACT, TORT OR EQUITY OR OTHERWISE AND IN EACH CASE WITH RESPECT TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT, SHALL BE RESOLVED ONLY BY STATE AND FEDERAL COURTS LOCATED IN NEW YORK, NEW YORK AND THE COURTS TO WHICH AN APPEAL THEREFROM MAY BE TAKEN; and PROVIDED, HOWEVER, THAT LENDER SHALL HAVE THE RIGHT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TO PROCEED AGAINST BORROWER OR ITS PROPERTY IN (cA) waive any objection which it or they may have to the laying of venue of any such suitANY COURTS OF COMPETENT JURISDICTION AND VENUE AND (B) ANY LOCATION SELECTED BY BORROWER TO ENABLE LENDER TO REALIZE ON SUCH PROPERTY, actionOR TO ENFORCE A JUDGMENT OR OTHER COURT ORDER IN FAVOR OF LENDER. BORROWER AGREES THAT IT WILL NOT ASSERT ANY PERMISSIVE COUNTERCLAIMS, o r proceeding in any of such courtsSETOFFS OR CROSS-CLAIMS IN ANY PROCEEDING BROUGHT BY LENDER. BORROWER WAIVES ANY OBJECTION THAT IT MAY HAVE TO THE LOCATION OF THE COURT IN WHICH LENDER HAS COMMENCED A PROCEEDING, INCLUDING, WITHOUT LIMITATION, ANY OBJECTION TO THE LAYING OF VENUE OR BASED ON FORUM NON CONVENIENS.
Submission to Jurisdiction. BorrowerThe Shareholders, Shareholder Representative, the Purchaser and any endorsers, sureties, guarantors and all others who are, or who may become, liable for the payment hereof severally, irrevocably and unconditionally (a) Parent agree that any suit, action, legal action or other legal proceeding based on or arising out of this Agreement or relating to this Note may for recognition and enforcement of any judgment in respect thereof brought by a Party hereto or its successors or assigns shall be brought, at brought and determined in the option federal or state courts of Delaware and all of the Lenderforegoing Parties hereby submit with regard to any such action or proceeding for itself/himself/herself and in respect to its/his/her property, in a court of record of the State of Florida in Miami-Dade Countygenerally and unconditionally, or in any other court of competent jurisdiction; (b) consent to the jurisdiction of each the aforesaid courts. Each of the Shareholders, Shareholder Representative, the Purchaser and the Parent hereby irrevocably waives, and agrees not to assert, by way of motion, as a defense, counterclaim, or otherwise, in any action or proceeding with respect to this Agreement, (i) any claim that it/he/she is not personally subject to the jurisdiction of the above named courts for any reason, (ii) that it/he/she or its/his/her property is exempt or immune from jurisdiction of such court or from any legal process commenced in such court (whether through judgment or otherwise), and (iii) to the fullest extent permitted by applicable law that (A) the suit, action or proceeding in any such court is brought in an inconvenient forum, (B) the venue of such suit, action or proceeding; proceeding is improper, and (cC) waive any objection which it this Agreement, or they the subject matter hereof, may have to the laying of venue of any not be enforced in or by either such suit, action, o r proceeding in any of such courtscourt.
Appears in 1 contract Agreement (Keyw Holding Corp),
Submission to Jurisdiction. Each of the Borrower, the Agent and any endorsers, sureties, guarantors and all others who are, or who may become, liable for the payment hereof severally, irrevocably and unconditionally Lenders hereby (ai) agree agrees that any suit, action, suit or other legal proceeding arising out of or relating with respect to this Note may be brought, at brought in the option of the Lender, in a court of record courts of the State of Florida Colorado or of the United States of America for the District of Colorado, (ii) accepts for itself and in Miami-Dade Countyrespect of its property, or in any other court of competent jurisdiction; (b) consent to generally and unconditionally, the jurisdiction of each such court in courts, (iii) irrevocably waives any such suitobjection, action or proceeding; and (c) waive including, without limitation, any objection which it or they may have 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 such suit, action, o r suit or proceeding in those jurisdictions, and (iv) irrevocably consents to the service of process of any of such courtsthe courts referred to above in any action, suit or proceeding by the mailing of copies of the process to the parties hereto as provided in Paragraph 19(a) above.
Submission to Jurisdiction. BorrowerAny action, and suit or proceeding seeking to enforce any endorsers, sureties, guarantors and all others who areprovision of, or who may become, liable for the payment hereof severally, irrevocably and unconditionally (a) agree that based on any suit, action, or other legal proceeding matter arising out of or relating in connection with, this Agreement or the transaction contemplated hereby shall only be brought in any federal court located in Dallas County, Texas or any Texas state court located in Dallas County, Texas, and each party consents to this Note may be brought, at the option exclusive jurisdiction and venue of such courts (and of the Lender, in a court of record of the State of Florida in Miami-Dade County, or in any other court of competent jurisdiction; (bappropriate appellate courts therefrom) consent to the jurisdiction of each such court in any such suitaction, action suit or proceeding; proceeding and (c) waive irrevocably waives, to the fullest extent permitted by law, any objection which that it may now or they may hereafter have to the laying of the venue of any such suit, action, o r suit or proceeding in any such court or that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum. Process in any such action, suit or proceeding may be served on any party anywhere in the world, whether within or without the jurisdiction of any such courtscourt. Without limiting the foregoing, service of process on such party as provided in Section 6.04 shall be deemed effective service of process on such party.
Submission to Jurisdiction. Borrower, and any endorsers, sureties, guarantors and all others who are, or who may become, liable for the payment hereof severally, irrevocably and unconditionally (a) The parties hereby agree that any suit, actionaction or proceeding seeking to enforce any provision of, or other legal proceeding based on any matter arising out of or relating to in connection with, this Note may Agreement or the transactions contemplated hereby, whether in contract, tort or otherwise, shall be brought, at brought in the option United States District Court for the District of Colorado or in the Lender, in a court Court of record Chancery of the State of Florida Colorado (or, if such court lacks subject matter jurisdiction, in Miamithe Superior Court of the State of Colorado), so long as one of such courts shall have subject-Dade Countymatter jurisdiction over such suit, action or proceeding, and that any case of action arising out of this Agreement shall be deemed to have arisen from a transaction of business in any other court the State of competent jurisdiction; (b) consent Colorado. Each of the parties hereby irrevocably consents to the jurisdiction of each such court courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding; proceeding and (c) waive irrevocably waives, to the fullest extent permitted by law, any objection which that it may now or they may hereafter have to the laying of the venue of any such suit, action, o r action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient form. Service of process, summons, notice or other document by registered mail to the address set forth in Section 15.02 shall be effective service of process for any suit, action or other proceeding brought in any such courtscourt.
Submission to Jurisdiction. Borrower, and any endorsers, sureties, guarantors and all others who are, or who may become, liable for the payment hereof severally, irrevocably and unconditionally The Company (ai) agree agrees that any suit, action, action or other legal proceeding against it arising out of or relating to this Note Indenture or the Debentures, as the case may be, may be brought, at the option of the Lender, in a court of record of the State of Florida in Miami-Dade County, or instituted in any other federal or state court sitting in The City of competent jurisdictionNew York; (bii) consent waives to the jurisdiction of each such court in any such suitfullest extent permitted by applicable law, action or proceeding; and (c) waive any objection which it may now or they may hereafter have to the laying of venue of any such suit, actionaction or proceeding, o r and any claim that any suit, action or proceeding in any such a court has been brought in an inconvenient forum; and (iii) submits to the non-exclusive jurisdiction of such courtscourts in any suit, action or proceeding.
Appears in 1 contract Indenture (Gencorp Inc),
Submission to Jurisdiction. BorrowerBORROWER, and any endorsersAND ANY ENDORSERS, suretiesSURETIES, guarantors and all others who areGUARANTORS AND ALL OTHERS WHO ARE, or who may becomeOR WHO MAY BECOME, liable for the payment hereof severallyLIABLE FOR THE PAYMENT HEREOF SEVERALLY, irrevocably and unconditionally IRREVOCABLY AND UNCONDITIONALLY (aA) agree that any suitAGREE THAT ANY SUIT, actionACTION, or other legal proceeding arising out of or relating to this Note may be broughtOR OTHER LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS NOTE OR ANY OTHER AGREEMENT, at the option of the LenderDOCUMENT OR INSTRUMENT DELIVERED PURSUANT TO, in a court of record of the State of Florida in Miami-Dade CountyOR IN CONNECTION WITH THIS NOTE SHALL BE BROUGHT AND MAINTAINED IN THE COURTS IN AND FOR NEW YORK COUNTY, or in any other court of competent jurisdictionNEW YORK, OR IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK; (bB) consent to the jurisdiction of each such court in any such suitCONSENT TO THE JURISDICTION OF EACH SUCH COURT IN ANY SUCH SUIT, action or proceedingACTION OR PROCEEDING; and AND (cC) waive any objection which it or they may have to the laying of venue of any such suitWAIVE ANY OBJECTION WHICH IT OR THEY MAY HAVE TO THE LAYING OF VENUE OF ANY SUCH SUIT, actionACTION, o r proceeding in any of such courtsOR PROCEEDING IN ANY OF SUCH COURTS.
Appears in 1 contract
Submission to Jurisdiction. Borrower, and any endorsers, sureties, guarantors and all others who are, or who may become, liable for the payment hereof severally, The parties irrevocably and unconditionally (ai) agree that any suit, action, or other legal proceeding arising out of or relating to this Note may Agreement shall be brought, at the option of the Lender, brought in a court of record of Henrico County, Virginia, in the State United States District Court for the Eastern District of Florida in Miami-Dade CountyVirginia, or in any other court in Virginia of competent jurisdiction; (bii) consent to the jurisdiction of each such court in any such suit, action or proceeding; and (ciii) waive any objection which it or they may have to the laying of venue of any such suit, action, o r or proceeding in any of such courts.
Submission to Jurisdiction. BorrowerTHE BORROWER, and any endorsersTHE ADMINISTRATIVE AGENT AND EACH OF THE LENDERS HEREBY IRREVOCABLY (I) AGREE THAT ANY SUIT, suretiesACTION OR OTHER LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, guarantors and all others who areTHE NOTES, or who may becomeANY SECURITY DOCUMENT, liable for the payment hereof severallyOR ANY OTHER LOAN DOCUMENT MAY BE BROUGHT IN A COURT OF RECORD IN THE STATE OF CALIFORNIA, irrevocably and unconditionally COUNTY OF LOS ANGELES OR IN THE COURTS OF THE UNITED STATES OF AMERICA LOCATED IN SUCH STATE AND COUNTY, (aII) agree that any suitCONSENT TO THE JURISDICTION OF EACH SUCH COURT IN ANY SUCH SUIT, actionACTION OR PROCEEDING, or other legal proceeding arising out of or relating to this Note may be brought(III) WAIVE ANY OBJECTION WHICH IT MAY HAVE TO THE LAYING OF VENUE OF ANY SUCH SUIT, at the option of the LenderACTION OR PROCEEDING IN ANY OF SUCH COURTS AND ANY CLAIM THAT ANY SUCH SUIT, in a court of record of the State of Florida in Miami-Dade County, or in any other court of competent jurisdiction; ACTION OR PROCEEDING HAS BEEN BROUGHT IN AN INCONVENIENT FORUM AND (bIV) consent to the jurisdiction of each such court in any such suit, action or proceeding; and (c) waive any objection which it or they may have to the laying of venue of any such suit, action, o r proceeding in any of such courts.AGREE AND CONSENT THAT ALL SERVICE OF PROCESS UPON THE BORROWER IN ANY SUCH
Appears in 1 contract Loan Agreement (Douglas Emmett Inc),
Submission to Jurisdiction. Borrower, and any endorsers, sureties, guarantors and all others who are, or who may become, liable for the payment hereof severally, irrevocably and unconditionally The Company (ai) agree agrees that any suit, action, action or other legal proceeding against it arising out of or relating to this Note the Indenture or the Notes, as the case may be, may be brought, at the option of the Lender, in a court of record of the State of Florida in Miami-Dade County, or instituted in any other federal court sitting in The City of competent jurisdictionNew York; (bii) consent waives, to the jurisdiction of each such court in any such suitfullest extent permitted by applicable law, action or proceeding; and (c) waive any objection which it may now or they may hereafter have to the laying of venue of any such suit, action, o r proceeding in any of such courts.action or
Submission to Jurisdiction. Borrower, and any endorsers, sureties, guarantors and all others who are, or who may become, liable for the payment hereof severally, irrevocably and unconditionally The Company (ai) agree agrees that any suit, action, action or other legal proceeding against it arising out of or relating to this Note Indenture or the 2019 Notes, as the case may be, may be brought, at the option of the Lender, in a court of record of the State of Florida in Miami-Dade County, or instituted in any other federal court sitting in The City of competent jurisdictionNew York; (bii) consent waives to the jurisdiction of each such court in any such suitfullest extent permitted by applicable law, action or proceeding; and (c) waive any objection which it may now or they may hereafter have to the laying of venue of any such suit, actionaction or proceeding, o r and any claim that any suit, action or proceeding in any such a court has been brought in an inconvenient forum; and (iii) submits to the non-exclusive jurisdiction of such courtscourts in any suit, action or proceeding.