Common use of Venue of Actions Clause in Contracts

Venue of Actions. (a) As an integral part of the consideration for the making of the Loan, it is expressly understood and agreed that no suit or action shall be commenced by the Borrower, by any Guarantor, or by any successor, personal representative or assignee of any of them, with respect to the Loan contemplated hereby, or with respect to this Loan Agreement or any other Loan Document, other than in a state court of competent jurisdiction in and for Shelby County, Tennessee, Davidson County, Tennessee, or in the United States District Court for the Western District or Middle District of Tennessee, and not elsewhere, and, to the extent permitted by applicable law, Borrower and Guarantors hereby agree and consent that any action or proceeding may be brought by Agent or any of the Banks in such courts and waive any objections that they may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agree not to plead or claim the same. Further, Borrower and Guarantors agree that service of process in any action or proceeding described in this Section 10.18 or otherwise brought in connection with the Loan may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the Borrower at its address set forth in Section 10.2 hereof or at such other address of which the Agent shall have been notified pursuant thereto and to Wyatt, Tarrant & Combs, LLP, 2525 End Avenue, Suite 1500, Nashville, Xxxxesxxx 00003, Xxxxntion: Xxxx Xxxxxxxx. Xxxxxxxx xxx Xxxxxxxxxx xxxx xxxxx xxxx nothing hereix xxxxx xxxxxt the right to effect service of process in any other manner permitted by law. Nothing in this paragraph contained shall prohibit Agent or Banks from instituting suit in any court of competent jurisdiction (where Borrower and/or any Guarantor is doing business or is qualified to do business) for the enforcement of their rights hereunder or in any other Loan Document.

Venue of Actions. (a) As an integral part of the consideration for the making of the Loan, it It is expressly understood and agreed that no suit or action shall be commenced by the Borrower, by any GuarantorLxxxxx, or by any successor, personal representative successor or approved assignee of any of themLessee, with respect to this Lease, the Loan contemplated hereby, or with respect to this Loan Agreement Leased Property or any other Loan Documentrelated documents or instruments, in part or in whole, against or involving Lessor, other than in a state court of competent jurisdiction in and for Shelby County, Tennessee, Davidson County, Tennesseethe County of the State in which the principal place of business of Lessor is situated, or in the United States District Court for the Western District or Middle District in which the principal place of Tennesseebusiness of Lessor is then situated, and not elsewhere, and, to the extent permitted by applicable law, Borrower and Guarantors hereby agree and consent that any action or proceeding may be brought by Agent or any . As of the Banks date hereof, Lessor and Lxxxxx agree that Lxxxxx's principal place of business is in such courts Birmingham, Alabama, and waive any objections that they may now or hereafter have to the venue Lxxxxx's principal place of any such action or proceeding business is in any such court or that such action or proceeding was brought in an inconvenient court and agree not to plead or claim the sameNashville, Davidson County, Tennessee. LXXXXX AGREES THAT LXXXXX'S ENTRY INTO THIS LEASE AT THE AFOREMENTIONED LOCATION, AND THE HOLDING OF THIS LEASE AND THE RELATED DOCUMENTS BY LESSOR AT SUCH PRINCIPAL PLACE OF BUSINESS, CONSTITUTES SUFFICIENT CONTACT OF LESSEE AND THE TRANSACTION CONTEMPLATED HEREBY WITH DAVIDSON COUNTY AND THE STATE OF TENNESSEE FOR THE PURPOSE OF CONFERRING JURISDICTION UPON THE FEDERAL AND STATE COURTS PRESIDING IN SUCH COUNTY AND STATE, ALTHOUGH NOTHING SHALL LIMIT THE JURISDICTION OF ANY OTHER COURT SHOULD THE AFOREMENTIONED COURT(S) REFUSE TO EXERCISE JURISDICTION HEREUNDER. Further, Borrower and Guarantors agree that service of process in any action or proceeding described nothing in this Section 10.18 or otherwise brought in connection with the Loan may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the Borrower at its address set forth in Section 10.2 hereof or at such other address of which the Agent shall have been notified pursuant thereto and to Wyatt, Tarrant & Combs, LLP, 2525 End Avenue, Suite 1500, Nashville, Xxxxesxxx 00003, Xxxxntion: Xxxx Xxxxxxxx. Xxxxxxxx xxx Xxxxxxxxxx xxxx xxxxx xxxx nothing hereix xxxxx xxxxxt the right to effect service of process in any other manner permitted by law. Nothing in this paragraph contained shall prohibit Agent or Banks from limit Lessor, its successors or assigns, from, in their sole discretion, instituting suit in any court of competent jurisdiction (where Borrower and/or any Guarantor is doing business or is qualified to do business) for the enforcement of their rights hereunder Lessor's rights, interests and remedies hereunder, or as regards any related document or instrument hereto (including without limitation any Lease Assignment), or as pertains to the Leased Property in any other Loan Documentrespect.

Venue of Actions. (a) As an integral part of the consideration for the making of the Loan, it is expressly understood and agreed that no suit or action shall be commenced by the Borrower, by any Guarantor, or by any successor, personal representative or assignee of any of them, with respect to the Loan contemplated hereby, or with respect to this Loan Agreement or any other Loan Document, other than in a state court of competent jurisdiction in and for Shelby County, Tennessee, Davidson County, Tennessee, or in the United States District Court for the Western District or Middle District of Tennessee, and not elsewhere, and, to the extent permitted by applicable law, Borrower and Guarantors hereby agree and consent that any action or proceeding may be brought by Agent or any of the Banks Bank in such courts and waive any objections that they may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agree not to plead or claim the same. Further, Borrower and Guarantors agree that service of process in any action or proceeding described in this Section 10.18 9.18 or otherwise brought in connection with the Loan may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the Borrower at its address set forth in Section 10.2 9.2 hereof or at such other address of which the Agent Bank shall have been notified pursuant thereto and to Wyatt, Tarrant & Combs, LLP, 2525 End Avenue, Suite 1500, Nashville, Xxxxesxxx 00003, Xxxxntion: Xxxx Xxxxxxxx. Xxxxxxxx xxx Xxxxxxxxxx xxxx xxxxx xxxx nothing hereix xxxxx xxxxxt the right to effect service of process in any other manner permitted by law. Nothing in this paragraph contained shall prohibit Agent or Banks the Bank from instituting suit in any court of competent jurisdiction (where Borrower and/or any Guarantor is doing business or is qualified to do business) for the enforcement of their rights hereunder or in any other Loan Document.