Jurisdiction and Service of Process. Any suit, action or proceeding against Applicant under or with respect to any L/C Document may, at your sole option, be brought in (a) the courts of the State of California, (b) the United States District Courts in California, (c) the courts of Applicant's jurisdiction of incorporation or principal office, or (d) the courts of the jurisdiction where any Beneficiary, any advising, confirming, negotiating, paying or other bank, or any other person or entity has brought any suit, action or proceeding against you with respect to any Credit or any Demand, and Applicant hereby submits to the nonexclusive jurisdiction of such courts for the purpose of any such suit, action, proceeding or judgment and waives any other preferential jurisdiction by reason of domicile. Applicant will accept joinder in any suit, action or proceeding brought in any court or jurisdiction against you by any Beneficiary, any advising, confirming, negotiating, paying or other bank or any other person or entity with respect to any Credit or any Demand. Applicant irrevocably waives trial by jury and any objection, including, without limitation, any objection of the laying of venue or any objection based on the grounds of FORUM NON CONVENIENS, which Applicant may now or hereafter have to the bringing of any such action or proceeding. Applicant further waives any right to transfer or change the venue of any suit, action or proceeding brought against Applicant by you under or in connection with any L/C Document. Applicant irrevocably consents to the service of process in any action or proceeding in any court by the mailing of copies thereof by registered or certified mail, postage prepaid, to Applicant at its address specified next to its signature on this Agreement or at such other address as Applicant shall have notified to you in writing, such service to be effective ten (10) days after such mailing.
Appears in 4 contracts
Sources: Standby Letter of Credit Agreement, Standby Letter of Credit Agreement (Handspring Inc), Standby Letter of Credit Agreement (Handspring Inc)
Jurisdiction and Service of Process. Any suit, action or proceeding against Applicant under or with respect to any L/C Document may, at your sole option, be brought in (a) the courts of the State of California, (b) the United States District Courts in California, (c) the courts of Applicant's ’s jurisdiction of incorporation or principal office, or (d) the courts of the jurisdiction where any Beneficiary, any advising, confirming, negotiating, paying or other bank, or any other person or entity has brought any suit, action or proceeding against you with respect to any Credit or any Demand, and Applicant hereby submits to the nonexclusive jurisdiction of such courts for the purpose of any such suit, action, proceeding or judgment and waives any other preferential jurisdiction by reason of domicile. Applicant will accept joinder in any suit, action or proceeding brought in any court or jurisdiction against you by any Beneficiary, any advising, confirming, negotiating, paying or other bank or any other person or entity with respect to any Credit or any Demand. Applicant irrevocably waives trial by jury and any objection, including, without limitation, any objection of the laying of venue or any objection based on the grounds of FORUM NON CONVENIENSforum non conveniens, which Applicant may now or hereafter have to the bringing of any such action or proceeding. Applicant further waives any right to transfer or change the venue of any suit, action or proceeding brought against Applicant by you under or in connection with any L/C Document. Applicant irrevocably consents to the service of process in any action or proceeding in any court by the mailing of copies thereof by registered or certified mail, postage prepaid, to Applicant at its address specified next to its signature on this Agreement or at such other address as Applicant shall have notified to you in writing, such service to be effective ten (10) days after such mailing.
Appears in 3 contracts
Sources: Standby Letter of Credit Agreement, Standby Letter of Credit Agreement (Barrett Business Services Inc), Standby Letter of Credit Agreement (Phoenix Footwear Group Inc)
Jurisdiction and Service of Process. Any suit, action or proceeding against Applicant under or with respect to any L/C Document may, at your sole option, be brought in (a) the courts of the State of California, (b) the United States District Courts in California, (c) the courts of Applicant's jurisdiction of incorporation or principal office, or (d) the courts of the jurisdiction where any Beneficiary, any advising, confirming, negotiating, paying or other bank, or any other person or entity has brought any suit, action or proceeding against you with respect to any Credit or any Demand, and Applicant hereby submits to the nonexclusive jurisdiction of such courts for the purpose of any such suit, action, proceeding or judgment and waives any other preferential jurisdiction by reason of domicile. Applicant will accept joinder in any suit, action or proceeding brought in any court or jurisdiction against you by any Beneficiary, any advising, confirming, negotiating, paying or other bank or any other person or entity with respect to any Credit or any Demand. Applicant irrevocably waives trial by jury and any objection, including, without limitation, any objection of the laying of venue or any objection based on the grounds of FORUM NON CONVENIENSforum non conveniens, which Applicant may now or hereafter have to the bringing of any such action or proceeding. Applicant further waives any right to transfer or change the venue of any suit, action or proceeding brought against Applicant by you under or in connection with any L/C Document. Applicant irrevocably consents to the service of process in any action or proceeding in any court by the mailing of copies thereof by registered or certified mail, postage prepaid, to Applicant at its address specified next to its signature on this Agreement or at such other address as Applicant shall have notified to you in writing, such service to be effective ten (10) days after such mailing.
Appears in 3 contracts
Sources: Secured Credit Agreement (First Banks, Inc), Standby Letter of Credit Agreement (Handspring Inc), Secured Credit Agreement (First Banks Inc)
Jurisdiction and Service of Process. Any suit, action or proceeding against Applicant under or with respect to any L/C Document may, at your sole option, be brought in (a) the courts of the State of California, (b) the United States District Courts in California, (c) the courts of Applicant's ’s jurisdiction of incorporation or principal office, or (d) the courts of the jurisdiction where any Beneficiary, any advising, confirming, negotiating, paying paying, accepting or other bank, or any other person or entity has brought any suit, action or proceeding against you with respect to any Credit Credit, any Demand or any DemandAcceptance, and Applicant hereby submits to the nonexclusive jurisdiction of such courts for the purpose of any such suit, action, proceeding or judgment and waives any other preferential jurisdiction by reason of domicile. Applicant will accept joinder in any suit, action or proceeding brought in any court or jurisdiction against you by any Beneficiary, any advising, confirming, negotiating, paying paying, accepting or other bank or any other person or entity with respect to any Credit Credit, any Demand or any DemandAcceptance. Applicant irrevocably waives trial by jury and any objection, including, without limitation, any objection of the laying of venue or any objection based on the grounds of FORUM NON CONVENIENSforum non conveniens, which Applicant may now or hereafter have to the bringing of any such action or proceeding. Applicant further waives any right to transfer or change the venue of any suit, action or proceeding brought against Applicant by you under or in connection with any L/C Document. Applicant irrevocably consents to the service of process in any action or proceeding in any court by the mailing of copies thereof by registered or certified mail, postage prepaid, to Applicant at its address specified next to its signature on this Agreement or at such other address as Applicant shall have notified to you in writing, such service to be effective ten (10) days after such mailing.
Appears in 2 contracts
Sources: Commercial Letter of Credit Agreement, Commercial Letter of Credit Agreement (Phoenix Footwear Group Inc)
Jurisdiction and Service of Process. Any suit, action or proceeding against Applicant under or with respect to any L/C Document may, at your sole option, be brought in (a) the courts of the State of California, (b) the United States District Courts in California, (c) the courts of Applicant's jurisdiction of incorporation or principal office, or (d) the courts of the jurisdiction where any Beneficiary, any advising, confirming, negotiating, paying or other bank, or any other person or entity has brought any suit, action or proceeding against you with respect to any Credit or any Demand, and Applicant hereby submits to the nonexclusive jurisdiction of such courts for the purpose of any such suit, action, proceeding or judgment and waives any other preferential jurisdiction by reason of domicile. Applicant will accept joinder in any suit, action or proceeding brought in any court or jurisdiction against you by any Beneficiary, any advising, confirming, negotiating, paying or other bank or any other person or entity with respect to any Credit or any Demand. Applicant irrevocably waives trial by jury and any objection, including, without limitation, any objection of the laying of venue or any objection based on the grounds of FORUM NON CONVENIENSforum non conveniens, which Applicant may now or hereafter have to the bringing of any such action or proceeding. Applicant further waives any right to transfer or change the venue of any suit, action or proceeding brought against Applicant by you under or in connection with any L/C Document. Applicant irrevocably consents to the service of process in any action or proceeding in any court by the mailing of copies thereof by registered or certified mail, postage prepaid, to Applicant at its address specified next to its signature on this Agreement or at such other address as Applicant shall have notified to you in writing, such service to be effective ten (10) days after such mailing.
Appears in 2 contracts
Sources: Standby Letter of Credit Agreement (Miscor Group, Ltd.), Standby Letter of Credit Agreement (Plantronics Inc /Ca/)
Jurisdiction and Service of Process. Any suit, action or proceeding against Applicant under or with respect to any L/C Document may, at your sole option, may be brought in (a) the courts of the State of CaliforniaNew York, (b) the United States District Courts in CaliforniaNew York, (c) the courts of Applicant's ’s jurisdiction of incorporation or principal office, or (d) the courts of the jurisdiction where any Beneficiary, any advising, confirming, negotiating, paying or other bank, or any other person or entity has brought any suit, action or proceeding against you with respect to any Credit or any Demand, and Applicant the parties hereto hereby submits submit to the nonexclusive jurisdiction of such courts for the purpose of any such suit, action, proceeding or judgment and waives any other preferential jurisdiction by reason of domicile. Applicant will accept joinder in any suit, action or proceeding brought in any court or jurisdiction against you by any Beneficiary, any advising, confirming, negotiating, paying or other bank or any other person or entity with respect to any Credit or any Demand. Applicant The parties hereto irrevocably waives waive trial by jury and any objection, including, without limitation, any objection of the laying of venue or any objection based on the grounds of FORUM NON CONVENIENSforum non conveniens, which Applicant such party may now or hereafter have to the bringing of any such action or proceeding. Applicant further waives any right to transfer or change the venue from any court described above of any suit, action or proceeding brought against Applicant by you under or in connection with any L/C Document. Applicant The parties hereto irrevocably consents consent to the service of process in any action or proceeding in any court by the mailing of copies thereof by registered or certified mail, postage prepaid, to Applicant such party at its address specified next to its signature on this Agreement or at such other address as Applicant such party shall have notified to you the other party in writing, such service to be effective ten (10) days after such mailing.
Appears in 1 contract
Sources: International Letter of Credit Agreement (Great Lakes Dredge & Dock CORP)
Jurisdiction and Service of Process. Any suit, action or proceeding against Applicant under or with respect to any L/C Document may, at your sole option, be brought in (a) the courts of the State of California, (b) the United States District Courts in California, (c) the courts of Applicant's jurisdiction of incorporation or principal office, or (d) the courts of the jurisdiction where any Beneficiary, any advising, confirming, negotiating, paying or other bank, or any other person or entity has brought In any suit, action or proceeding against you with respect involving, directly or indirectly, any matter arising out of or related to any Credit this Agreement or any Demand, of the other L/C Documents or the relationship between ▇▇▇▇▇ Fargo and Applicant hereby established under this Agreement, Applicant irrevocably submits to the nonexclusive jurisdiction of such courts for any state or federal court located in Los Angeles County in the purpose Jurisdiction, agrees not to raise any object to the Jurisdiction or the laying or maintaining of the venue of any such suit, actionaction or proceeding in the Jurisdiction, proceeding or judgment and waives any other preferential jurisdiction by reason of domicile. This waiver is a material inducement for ▇▇▇▇▇ Fargo to issue each Credit. Applicant will agrees to accept joinder in any suit, action or proceeding brought in any court or jurisdiction against you ▇▇▇▇▇ Fargo by any Beneficiary, any advising, confirming, negotiating, paying or other bank or any other person or entity with respect to any Credit or any Demand. Applicant irrevocably waives trial by jury and any objection, including, without limitation, any objection of the laying of venue or any objection based on the grounds of FORUM NON CONVENIENSforum non conveniens, which Applicant may now or hereafter have to the bringing of any such suit, action or proceedingproceeding or joinder. Applicant further waives any right to transfer or change the venue of any suit, action or proceeding brought against Applicant by you ▇▇▇▇▇ Fargo under or in connection with this Agreement or any other L/C Document. Applicant irrevocably consents to the service of process in any action or proceeding in any court by the mailing of copies thereof by registered or certified mail, postage prepaid, to Applicant at its address specified next to its signature on this Agreement or at such other address as Applicant shall have notified to you ▇▇▇▇▇ Fargo in writing, such service to be effective ten (10) days after such mailing. To the extent permitted by applicable law, ▇▇▇▇▇ Fargo and Applicant knowingly and voluntarily waive all rights to trial by jury with respect to any litigation based on, arising out of, or relating to this Agreement, to any of the other L/C Documents, or to any course of conduct, course of dealing, statements (oral or written), or actions of ▇▇▇▇▇ Fargo or Applicant with respect thereto.
Appears in 1 contract
Sources: Credit Agreement (Arden Group Inc)
Jurisdiction and Service of Process. Any suit, action or proceeding against Applicant under or with respect to any L/C Letter of Credit Document may, at your ▇▇▇▇▇ Fargo's sole option, be brought in (a) the courts of the State of California, (b) the United States District Courts in California, (c) the courts of the jurisdiction of Applicant's jurisdiction of incorporation or principal office, or (d) the courts of the jurisdiction where any Beneficiary, any advising, confirming, negotiating, paying paying, accepting or other bank, or any other person or entity has brought any suit, action or proceeding against you ▇▇▇▇▇ Fargo with respect to any Credit Credit, any Demand or any DemandAcceptance, and Applicant hereby submits to the nonexclusive jurisdiction of such courts for the purpose of any such suit, action, proceeding or judgment and waives any other preferential jurisdiction by reason of domicile. Applicant further agrees that it will accept joinder in any suit, action or proceeding brought in any court or jurisdiction against you ▇▇▇▇▇ Fargo by any Beneficiary, any advising, confirming, negotiating, paying paying, accepting or other bank or any other person or entity with respect to any Credit Credit, any Demand or any DemandAcceptance. Applicant irrevocably waives trial by jury and any objection, including, without limitationbut not limited to, any objection of the laying of venue or any objection based on the grounds of FORUM NON CONVENIENSforum non conveniens, which Applicant may now or hereafter have to the bringing of any such action or proceeding. , Applicant further waives any right to transfer or change the venue of any suit, action or proceeding brought against Applicant by you ▇▇▇▇▇ Fargo under or in connection with any L/C Letter of Credit Document. Applicant irrevocably consents to the service of process in any action or proceeding in any court by the mailing of copies thereof by registered or certified mail, postage prepaid, to Applicant at its address specified next to its signature on this Agreement or at such other address as Applicant shall have notified to you ▇▇▇▇▇ Fargo in writing, such service to be effective ten (10) days after such mailing.
Appears in 1 contract
Sources: Continuing Commercial Letter of Credit Agreement (Iomega Corp)
Jurisdiction and Service of Process. Any suit, action or proceeding against Applicant under or with respect to any L/C Document may, at your sole option, be brought in (a) the courts of the State of California, (b) the United States District Courts in California, (c) the courts of Applicant's jurisdiction of incorporation or principal office, or (d) the courts of the jurisdiction where any Beneficiary, any advising, confirming, negotiating, paying or other bank, bank or any other person or entity has brought any suit, action or proceeding against you with respect to any Credit or any Demand, and Applicant hereby submits to the nonexclusive jurisdiction of such courts for the purpose of any such suit, action, proceeding or judgment and waives any other preferential jurisdiction by reason of domicile. Applicant will accept joinder in any suit, action or proceeding brought in any court or jurisdiction against you by any Beneficiary, any advising, confirming, negotiating, paying or other bank or any other person or entity with respect to any Credit or any Demand. Applicant irrevocably waives trial by jury and any objection, including, without limitation, any objection of the laying of venue or any objection based on the grounds of FORUM NON CONVENIENSforum non conveniens, which Applicant may now or hereafter have to the bringing of any such action or proceeding. Applicant further waives any right to transfer or change the venue of any suit, action or proceeding brought against Applicant by you under or in connection with any L/C Document. Applicant irrevocably consents to the service of process in any action or proceeding in any court by the mailing of copies thereof by registered or certified mail, postage prepaid, to Applicant at its address specified next to its signature on this Agreement or at such other address as Applicant shall have notified to you in writing, such service to be effective ten (10) days after such mailing.
Appears in 1 contract