Jurisdiction Service of Process and Venue. (a) Each of the parties hereto agrees that any suit, action or proceeding with respect to this Agreement or any judgment entered by any court in respect thereof may be brought in the United States District Court for the Southern District of New York or the Supreme Court of the State of New York, County of New York, and in the courts of its own corporate domicile, in respect of actions brought against it as a defendant, and irrevocably submits to the jurisdiction of each such court for the purpose of any such suit, action, proceeding or judgment; provided that the foregoing submission to jurisdiction by any Multilateral Financial Institution does not constitute a waiver of any of its immunities under its Articles of Agreement or of any other immunity to which it may be entitled under applicable law. (b) Each of the parties hereto (other than Vitro Packaging, the Collateral and Intercreditor Agent, the Indenture Trustee and any Multilateral Financial Institution) hereby irrevocably appoints CT Corporation System, in New York, New York (the “Process Agent”), with an office on the date hereof at ▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, as its agent and true and lawful attorney-in-fact in its name, place and stead to accept on behalf of itself and its assets and properties service of copies of the summons and complaint and any other process which may be served in any such suit, action or proceeding brought in the State of New York. Such appointment shall be irrevocable as long as any Secured Obligations owed to or by such Person are outstanding, except that if for any reason the Process Agent appointed hereby ceases to act as such, such Person will, by an instrument reasonably satisfactory to the Collateral and Intercreditor Agent, appoint another Person in the Borough of Manhattan, New York as such Process Agent, subject to the approval of the Collateral and Intercreditor Agent, the Indenture Trustee, the Senior Credit Agents (not to be unreasonably withheld). Each party hereto hereby further irrevocably consents to the service of process in any suit, action or proceeding in said courts by the mailing thereof by registered or certified mail, postage prepaid, at its address set forth beneath its signature hereto. Each of the parties hereto (other than the Collateral and Intercreditor Agent, the Indenture Trustee and any Multilateral Financial Institution) covenants and agrees that it shall take any and all reasonable action, including the execution and filing of any and all documents, that may be necessary to continue the designation of a Process Agent pursuant to this Section 11.9(b) in full force and effect and to cause the Process Agent to act as such. (c) Nothing herein shall in any way be deemed to limit the ability of any Person to serve any such process or summons in any other manner permitted by applicable law. (d) Each of the parties hereto hereby irrevocably waives, to the fullest extent permitted by applicable law, any objection that it may now or hereafter have to the laying of the venue of any suit, action or proceeding arising out of or relating to this Agreement or the other Collateral Documents brought in the United States District Court for the Southern District of New York or in the Supreme Court of the State of New York, County of New York, and hereby further irrevocably waives any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum and any right to which it may be entitled on account of place of residence or domicile. A final judgment in any such suit, action or proceeding shall be conclusive and may be enforced in any court to the jurisdiction of which any party hereto is or may be subject, by suit upon such judgment.
Appears in 2 contracts
Sources: Master Collateral and Intercreditor Agreement (Vitro Sa De Cv), Master Collateral and Intercreditor Agreement (Vitro Sa De Cv)
Jurisdiction Service of Process and Venue. (a) Each of the parties hereto The Guarantor agrees that any suit, action or proceeding with respect to this Agreement or the transactions contemplated hereby or any judgment entered by any court in respect thereof may be brought in the United States District Court for the Southern District of New York or the Supreme Court of the State of New York, County of New York, and in the courts of its own corporate domicile, in respect of actions brought against it as a defendant, and irrevocably submits to the jurisdiction of each such court for the purpose of any such suit, action, proceeding or judgment; provided that the foregoing submission to jurisdiction by any Multilateral Financial Institution does not constitute a waiver of any of its immunities under its Articles of Agreement or of any other immunity to which it may be entitled under applicable law.
(b) Each of the parties hereto (other than Vitro Packaging, the Collateral and Intercreditor Agent, the Indenture Trustee and any Multilateral Financial Institution) The Guarantor hereby irrevocably appoints CT Corporation System, System in New York, New York (the “"Process Agent”"), with an office on the date hereof at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, as its agent and true and lawful attorney-in-fact in its name, place and stead to accept on behalf of itself the Guarantor and its assets and properties Property, service of copies of the summons and complaint and any other process which may be served in any such suit, action or proceeding brought in the State of New York. Such appointment shall be irrevocable as long as any Secured Obligations owed to or by such Person the Loans are outstanding, except that if for any reason the Process Agent appointed hereby ceases to act as such, such Person the Guarantor will, by an instrument reasonably satisfactory to the Collateral and Intercreditor AgentSenior Lenders, appoint another Person in the Borough of Manhattan, New York Manhattan as such Process Agent, Agent subject to the approval of the Collateral and Intercreditor Agent, the Indenture Trustee, the Senior Credit Agents (which approval shall not to be unreasonably withheld)) of the Senior Lenders. Each party hereto The Guarantor hereby further irrevocably consents to the service of process in any suit, action or proceeding in said courts by the mailing thereof by the Senior Lenders by registered or certified mail, postage prepaid, at its address set forth beneath its signature hereto. Each of the parties hereto (other than the Collateral and Intercreditor Agent, the Indenture Trustee and any Multilateral Financial Institution) The Guarantor covenants and agrees that it shall take any and all reasonable action, including the execution and filing of any and all documents, that may be necessary to continue the designation of a Process Agent pursuant to this Section 11.9(b) in full force and effect and to cause the Process Agent to act as such.
(c) Nothing herein shall in any way be deemed to limit the ability of any Person the Senior Lenders to serve any such process or summons summonses in any other manner permitted by applicable law.
(d) Each of the parties hereto The Guarantor hereby irrevocably waives, to the fullest extent permitted by applicable law, any objection that it may now or hereafter have to the laying of the venue of any suit, action or proceeding arising out of or relating to this Agreement or the other Collateral Documents brought in the United States District Court for the Southern District of New York or any New York State Court sitting in the Supreme Court Borough of the State of Manhattan, New York, County of New York, York and hereby further irrevocably waives any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum and any right to which it may be entitled on account of place of residence or domicile. A final judgment (in respect of which time for all appeals has elapsed) in any such suit, action or proceeding shall be conclusive and may be enforced in any court to the jurisdiction of which any party hereto is or may be subject, by suit upon such judgment.
Appears in 1 contract
Sources: Guaranty Agreement (Sr Telecom Inc)
Jurisdiction Service of Process and Venue. (a) Each of the parties party hereto hereby agrees that any suit, action or proceeding with respect to this Agreement Agreement, any Note or any judgment entered by any court in respect thereof may be brought in the United States District Court for the Southern District of New York or York, in the Supreme Court of the State of New YorkYork sitting in New York County (including its Appellate Division), County or in any other appellate court in the State of New York, as the party commencing such suit, action or proceeding may elect in its sole discretion; and in the courts of its own corporate domicile, in respect of actions brought against it as a defendant, and each party hereto hereby irrevocably submits to the non-exclusive jurisdiction of each such court for the purpose of any such suit, action, proceeding or judgment; provided that . Each party hereto further submits, for the foregoing submission to jurisdiction by any Multilateral Financial Institution does not constitute a waiver purpose of any such suit, action, proceeding or judgment brought or rendered against it, to the appropriate courts of the jurisdiction of its immunities under its Articles of domicile. Credit Agreement or of any other immunity to which it may be entitled under applicable law.----------------
(b) Each of the parties hereto (other than Vitro PackagingForeign Borrowers and Fabrene Holdings hereby agrees that service of all writs, the Collateral process and Intercreditor Agentsummonses in any such suit, the Indenture Trustee action or proceeding brought hereunder may be made upon Prentice Hall Legal and any Multilateral Financial Institution) hereby irrevocably appoints CT Corporation SystemServices, in New YorkInc., New York (the “Process Agent”), with an office on the date hereof presently located at ▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇.▇.▇. (the "Process Agent"), and each of the Foreign Borrowers and Fabrene Holdings hereby confirms and agrees that the Process Agent has been duly and irrevocably appointed as its agent and true and lawful attorney-in-fact in its name, place and stead to accept on behalf of itself and its assets and properties such service of copies any and all such writs, process and summonses, and agrees that the failure of the summons and complaint and any other process which may be served in any such suit, action or proceeding brought in the State of New York. Such appointment shall be irrevocable as long as any Secured Obligations owed to or by such Person are outstanding, except that if for any reason the Process Agent appointed hereby ceases to act as such, give any notice of any such Person will, by an instrument reasonably satisfactory service of process to such Borrower shall not impair or affect the Collateral and Intercreditor Agent, appoint another Person in the Borough validity of Manhattan, New York as such Process Agent, subject to the approval service or of any judgment based thereon. Each of the Collateral Foreign Borrowers and Intercreditor Agent, the Indenture Trustee, the Senior Credit Agents (not to be unreasonably withheld). Each party hereto Fabrene Holdings hereby further irrevocably consents to the service of process in any suit, action or proceeding in said courts by the mailing thereof by the Administrative Agent or any Lender by registered or certified mail, postage prepaid, at its address set forth beneath its signature hereto. Each of the parties hereto (other than the Collateral and Intercreditor Agent, the Indenture Trustee and any Multilateral Financial Institution) covenants and agrees that it shall take any and all reasonable action, including the execution and filing of any and all documents, that may be necessary to continue the designation of a Process Agent pursuant to this Section 11.9(b) in full force and effect and to cause the Process Agent to act as such.
(c) Nothing herein shall in any way be deemed to limit the ability of the Administrative Agent or any Person Lender to serve any such writs, process or summons summonses in any other manner permitted by applicable law or to obtain jurisdiction over the Borrowers in such other jurisdictions, and in such manner, as may be permitted by applicable law.
(d) Each of the parties hereto Obligor hereby irrevocably waives, to the fullest extent permitted by applicable law, waives any objection that it may now or hereafter have to the laying of the venue of any suit, action or proceeding arising out of or relating to this Agreement or the other Collateral Documents Notes brought in the United States District Court for the Southern District of New York or in the Supreme Court of the State of New York, County of New York, in the United States District Court for the Southern District of New York and hereby further irrevocably waives any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum and any right to which it may be entitled on account of place of residence or domicile. A final judgment in any such suit, action or proceeding shall be conclusive and may be enforced in any court to the jurisdiction of which any party hereto is or may be subject, by suit upon such judgmentforum.
Appears in 1 contract
Sources: Credit Agreement (Fabrene Group Inc)
Jurisdiction Service of Process and Venue. (a) Each of the parties hereto agrees that any suit, action or proceeding with respect to this Agreement or the transactions contemplated hereby or any judgment entered by any court in respect thereof may be brought in the United States District Court for the Southern District of New York or the Supreme Court of the State of New York, County of New York, and in the courts of its own corporate domicile, in respect of actions brought against it as a defendant, and irrevocably submits to the jurisdiction of each such court for the purpose of any such suit, action, proceeding or judgment; provided that the foregoing submission to jurisdiction by any Multilateral Financial Institution does not constitute a waiver of any of its immunities under its Articles of Agreement or of any other immunity to which it may be entitled under applicable law.
(b) Each of the parties hereto (other than Vitro Packaging, the Collateral and Intercreditor Agent, the Indenture Trustee and any Multilateral Financial Institution) Guarantor hereby irrevocably appoints CT Corporation SystemNational Registered Agents, Inc., in New York, New York (the “"Process Agent”"), with an office on the date hereof at ▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, as its agent and true and lawful attorney-in-fact in its name, place and stead to accept on behalf of itself such Guarantor and its assets and properties Property, service of copies of the summons and complaint and any other process which may be served in any such suit, action or proceeding brought in the State of New York, and such Guarantor agrees that the failure of the Process Agent to give any notice of any such service of process to such Guarantor shall not impair or affect the validity of such service or, to the extent permitted by applicable law, the enforcement of any judgment based thereon. Such appointment shall be irrevocable as long as any Secured Obligations owed to or by such Person the Loans are outstanding, except that if for any reason the Process Agent appointed hereby ceases to act as such, such Person Guarantor will, by an instrument reasonably satisfactory to the Collateral and Intercreditor Administrative Agent, appoint another Person in the Borough of Manhattan, New York as such Process Agent, Agent subject to the approval of the Collateral and Intercreditor Agent, the Indenture Trustee, the Senior Credit Agents (which approval shall not to be unreasonably withheld)) of the Administrative Agent. Each party hereto Guarantor hereby further irrevocably consents to the service of process in any suit, action or proceeding in said courts by the mailing thereof by the Administrative Agent or any Bank by registered or certified mail, postage prepaid, at its address set forth beneath its signature hereto. Each of the parties hereto (other than the Collateral and Intercreditor Agent, the Indenture Trustee and any Multilateral Financial Institution) Guarantor covenants and agrees that it shall take any and all reasonable action, including the execution and filing of any and all documents, that may be necessary to continue the designation of a Process Agent pursuant to this Section 11.9(b) in full force and effect and to cause the Process Agent to act as such.
(c) Nothing herein shall in any way be deemed to limit the ability of the Administrative Agent or any Person Bank to serve any such process or summons summonses in any other manner permitted by applicable law.
(d) Each of the parties hereto Guarantor hereby irrevocably waives, to the fullest extent permitted by applicable law, any objection that it may now or hereafter have to the laying of the venue of any suit, action or proceeding arising out of or relating to this Agreement or the other Collateral Documents brought in the United States District Court for the Southern District of New York or any New York State Court sitting Guaranty Agreement in the Supreme Court Borough of the State of Manhattan, New York, County of New York, York and hereby further irrevocably waives any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum and any right to which it may be entitled on account of place of residence or domicile. A final judgment (in respect of which time for all appeals has elapsed) in any such suit, action or proceeding shall be conclusive and may be enforced in any court to the jurisdiction of which any party hereto Guarantor is or may be subject, by suit upon such judgment.
Appears in 1 contract
Jurisdiction Service of Process and Venue. (a) Each of the parties hereto agrees that any suit, action or proceeding with respect to this Agreement or the transactions contemplated hereby or any judgment entered by any court in respect thereof may be brought in the United States District Court for the Southern District of New York or the Supreme Court of the State of New York, County of New York, and in the courts of its own corporate domicile, in respect of actions brought against it as a defendant, and irrevocably submits to the jurisdiction of each such court for the purpose of any such suit, action, proceeding or judgment; provided that the foregoing submission to jurisdiction by any Multilateral Financial Institution does not constitute a waiver of any of its immunities under its Articles of Agreement or of any other immunity to which it may be entitled under applicable law.
(b) Each of the parties hereto (other than Vitro Packaging, the Collateral and Intercreditor Agent, the Indenture Trustee and any Multilateral Financial Institution) Guarantor hereby irrevocably appoints CT Corporation System, System in New York, New York (the “Process Agent”), with an office on the date hereof at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, as its agent and true and lawful attorney-in-fact in its name, place and stead to accept on behalf of itself such Guarantor and its assets and properties Property, service of copies of the summons and complaint and any other process which may be served in any such suit, action or proceeding brought in the State of New York. Such appointment shall be irrevocable as long as any Secured Obligations owed to or by such Person the Loans are outstanding, except that if for any reason the Process Agent appointed hereby ceases to act as such, such Person the affected Guarantor will, by an instrument reasonably satisfactory to the Collateral and Intercreditor Administrative Agent, appoint another Person in the Borough of Manhattan, New York Manhattan as such Process Agent, Agent subject to the approval of the Collateral and Intercreditor Agent, the Indenture Trustee, the Senior Credit Agents (which approval shall not to be unreasonably withheld)) of the Administrative Agent. Each party hereto Guarantor hereby further irrevocably consents to the service of process in any suit, action or proceeding in said courts by the mailing thereof by the Administrative Agent or any Bank by registered or certified mail, postage prepaid, at its address set forth beneath its signature hereto. Each of the parties hereto (other than the Collateral and Intercreditor Agent, the Indenture Trustee and any Multilateral Financial Institution) Guarantor covenants and agrees that it shall take any and all reasonable action, including the execution and filing of any and all documents, that may be necessary to continue the designation of a Process Agent pursuant to this Section 11.9(b) in full force and effect and to cause the Process Agent to act as such.
(c) Nothing herein shall in any way be deemed to limit the ability of the Administrative Agent or any Person Bank to serve any such process or summons summonses in any other manner permitted by applicable law.
(d) Each of the parties hereto hereby irrevocably waives, to the fullest extent permitted by applicable law, any objection that it may now or hereafter have to the laying of the venue of any suit, action or proceeding arising out of or relating to this Agreement or the other Collateral Documents brought in the United States District Court for the Southern District of New York or any New York State Court sitting in the Supreme Court Borough of the State of Manhattan, New York, County of New York, York and hereby further irrevocably waives any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum and any right to which it may be entitled on account of place of residence or domicile. A final judgment (in respect of which time for all appeals has elapsed) in any such suit, action or proceeding shall be conclusive and may be enforced in any court to the jurisdiction of which any party hereto is or may be subject, by suit upon such judgment.
Appears in 1 contract
Sources: Guaranty Agreement (Desc S a De C V)
Jurisdiction Service of Process and Venue. (a) Each of the parties hereto agrees that any suit, action or proceeding with respect to this Agreement or the Notes or the Security Agreements or the Account Control Agreement or any judgment entered by any court in respect thereof may be brought in the United States District Court for the Southern District of New York or the Supreme Court of the State of New York, County of New York, and in the courts of its own corporate domicile, in respect of actions brought against it as a defendant, and irrevocably submits to the jurisdiction of each such court for the purpose of any such suit, action, proceeding or judgment; provided that the foregoing submission to jurisdiction by any Multilateral Financial Institution does not constitute a waiver of any of its immunities under its Articles of Agreement or of any other immunity to which it may be entitled under applicable law.
(b) Each of the parties hereto (other than Vitro Packaging, the Collateral The Borrower and Intercreditor Agent, the Indenture Trustee and any Multilateral Financial Institution) each Guarantor hereby irrevocably appoints CT Corporation System, in New York, New York System (the “"Process Agent”"), with an office on the date hereof at 111 8th Avenue, New York, New York 10011, as its agent and true and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇-▇▇-▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, as its agent and true and lawful attorney-in-fact in its name, place and stead to accept on behalf of itself the Borrower, each Guarantor and its assets their respective Property and properties revenues service of copies of the summons and complaint and any other process which may be served in any such suit, action or proceeding brought in the State of New York. Such appointment shall be irrevocable as long as any Secured Obligations owed to or by such Person are outstanding, except that if for any reason the Process Agent appointed hereby ceases to act as such, such Person will, by an instrument reasonably satisfactory to the Collateral and Intercreditor Agent, appoint another Person in the Borough of Manhattan, New York as such Process Agent, subject to the approval each of the Collateral Borrower and Intercreditor Agent, the Indenture Trustee, the Senior Credit Agents (not to be unreasonably withheld). Each party hereto hereby further irrevocably consents to the service of process in any suit, action or proceeding in said courts by the mailing thereof by registered or certified mail, postage prepaid, at its address set forth beneath its signature hereto. Each of the parties hereto (other than the Collateral and Intercreditor Agent, the Indenture Trustee and any Multilateral Financial Institution) covenants and each Guarantor agrees that it shall take any and all reasonable action, including the execution and filing failure of any and all documents, that may be necessary to continue the designation of a Process Agent pursuant to this Section 11.9(b) in full force and effect and to cause the Process Agent to act as suchgive any notice of any such service of process to the Borrower or such Guarantor shall not impair or affect the validity of such service or, to the extent permitted by applicable law, the enforcement of any judgment based thereon.
(c) Nothing herein shall in any way be deemed to limit the ability of the Administrative Agent or any Person Lender to serve any such process or summons summonses in any other manner permitted by applicable law.
(d) Each of the parties hereto Borrower and each Guarantor hereby irrevocably waives, waives to the fullest extent permitted by applicable law, law any objection that it may now or hereafter have to the laying of the venue of any suit, action or proceeding arising out of or relating to this Agreement or the other Collateral Documents Notes brought in the United States District Court for the Southern District of New York or in the Supreme Court of the State of New York, County of New York, York and hereby further irrevocably waives to the fullest extent permitted by law any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum and any right to which it may be entitled on account of place of residence or domicile. A final judgment (in respect of which time for all appeals has elapsed) in any such suit, action or proceeding shall be conclusive and may be enforced in any court to the jurisdiction of which the Borrower or any party hereto Guarantor is or may be subject, by suit upon such judgment.
Appears in 1 contract
Sources: Loan Agreement (Vitro Sa De Cv)
Jurisdiction Service of Process and Venue. (a) THE PARTIES HERETO HEREBY SUBMIT TO THE NON-EXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE OF FLORIDA FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER TRANSACTION DOCUMENT. WITHOUT LIMITING THE FOREGOING, THE PARTIES HERETO ALSO AGREE THAT THE COLLATERAL AGENT MAY AT ITS SOLE OPTION SUBMIT ANY DISPUTE IN CONNECTION WITH THIS AGREEMENT OR ANY OTHER TRANSACTION DOCUMENT TO ANY OTHER COURT HAVING JURISDICTION OVER THE GRANTORS OR ANY PROPERTY THEREOF (AND ALL COURTS OF APPEAL THEREFROM).
(a) Each of the parties hereto agrees that any suit, action or proceeding with respect to this Agreement or any judgment entered by any court in respect thereof may be brought in the United States District Court for the Southern District of New York or the Supreme Court of the State of New York, County of New York, and in the courts of its own corporate domicile, in respect of actions brought against it as a defendant, and irrevocably submits to the jurisdiction of each such court for the purpose of any such suit, action, proceeding or judgment; provided that the foregoing submission to jurisdiction by any Multilateral Financial Institution does not constitute a waiver of any of its immunities under its Articles of Agreement or of any other immunity to which it may be entitled under applicable law.
(b) Each of the parties hereto (other than Vitro Packaging, the Collateral and Intercreditor Agent, the Indenture Trustee and any Multilateral Financial Institution) hereby irrevocably appoints CT Corporation System, in New York, New York (the “Process Agent”), with an office on the date hereof at ▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, as its agent and true and lawful attorney-in-fact in its name, place and stead to accept on behalf of itself and its assets and properties service of copies of the summons and complaint and any other process which may be served in any such suit, action or proceeding brought in the State of New York. Such appointment shall be irrevocable as long as any Secured Obligations owed to or by such Person are outstanding, except that if for any reason the Process Agent appointed hereby ceases to act as such, such Person will, by an instrument reasonably satisfactory to the Collateral and Intercreditor Agent, appoint another Person in the Borough of Manhattan, New York as such Process Agent, subject to the approval of the Collateral and Intercreditor Agent, the Indenture Trustee, the Senior Credit Agents (not to be unreasonably withheld). Each party hereto hereby further irrevocably consents to the service of process in any suit, action or proceeding in said courts by the mailing thereof by registered or certified mail, postage prepaid, at its address set forth beneath its signature hereto. Each of the parties hereto (other than the Collateral and Intercreditor Agent, the Indenture Trustee and any Multilateral Financial Institution) covenants and agrees that it shall take any and all reasonable action, including the execution and filing of any and all documents, that may be necessary to continue the designation of a Process Agent pursuant to this Section 11.9(b) in full force and effect and to cause the Process Agent to act as such.
(c) Nothing herein shall in any way be deemed to limit the ability of any Person to serve any such process or summons in any other manner permitted by applicable law.
(d) Each of the parties hereto hereby irrevocably waives, to the fullest extent permitted by applicable law, waives any objection that it may now or hereafter have to the laying of the venue of any suit, action or proceeding arising out of or relating to this Agreement or the other Collateral Documents brought in the United States District Court for the Southern District of New York or in the Supreme Court of removed to the State of New York, County Florida (and courts of New York, appeals therefrom) and hereby further irrevocably waives any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum and any right to which it may be entitled on account of place of residence or domicileforum. A final judgment (in respect of which time for all appeals has elapsed) in any such suit, action or proceeding shall be conclusive and may be enforced by suit upon judgment in any court in any jurisdiction to the jurisdiction of which any party hereto Grantor is or may be subject.
(b) Each Grantor irrevocably waives, to the fullest extent permitted by suit upon such judgmentapplicable law, any claim that any action or proceeding commenced against it relating in any way to this Agreement and/or any other Transaction Document should be dismissed or stayed by reason, or pending the resolution, of any action or proceeding commenced by one or more Grantors relating in any way to this Agreement and/or any other Transaction Document, whether or not commenced earlier.
Appears in 1 contract