Common use of Process Agent Clause in Contracts

Process Agent. Each of the parties hereto irrevocably agrees that any legal suit, action or proceeding arising out of or based upon the Pricing Agreement or the transactions contemplated hereby may be instituted in any U.S. federal or New York state court located in The Borough of Manhattan, The City of New York and any competent court located in the domicile of such party, with respect to actions brought against it as defendant, and irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of venue of any such proceeding and waives any right to which it may be entitled on account of place of residence or domicile and irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. The Company has appointed CT Corporation System as its authorized agent (the “Authorized Agent”) upon which process may be served in any such action arising out of or based on the Pricing Agreement or the transactions contemplated hereby which may be instituted in any New York court by any Underwriter or by any person who controls such Underwriter, designates CT Corporation System’s address in New York City as its designated address to receive such process, expressly consents to the jurisdiction of any such court in respect of any such action, and waives any other requirements of or objections to personal jurisdiction with respect thereto. Such appointment of the Authorized Agent will not be revoked by any action taken by the Company. The Company represents and warrants that the Authorized Agent has agreed to act as said agent for service of process, and the Company agrees to take any and all action, including the filing of any and all documents, agreement and instruments, that may be necessary to continue such appointment in full force and effect as aforesaid. Personal service of process upon the Authorized Agent in any manner permitted by applicable law and written notice of such service to the Company will be deemed, in every respect, effective service of process upon the Company.

Appears in 27 contracts

Sources: Pricing Agreement (America Movil Sab De Cv/), Pricing Agreement (America Movil Sab De Cv/), Pricing Agreement (America Movil Sab De Cv/)

Process Agent. Each of the parties hereto irrevocably agrees that any legal suit, action or proceeding arising out of or based upon the Pricing Agreement or the transactions contemplated hereby may be instituted in any U.S. federal or New York state court located in The Borough of Manhattan, The City of New York City and any competent court located in the domicile of the Company, the Guarantor or such partyUnderwriter, with respect to actions brought against it the Company, the Guarantor or such Underwriter as defendant, and irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of venue of any such proceeding and waives any right to which it may be entitled on account of place of residence or domicile and irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. The Each of the Company and the Guarantor has appointed CT Corporation System as its authorized agent (the “Authorized Agent”) upon which process may be served in any such action arising out of or based on the Pricing Agreement or the transactions contemplated hereby which may be instituted in any New York court by any Underwriter or by any person who controls such Underwriter, designates CT Corporation System’s address in New York City as its designated address to receive such process, expressly consents to the jurisdiction of any such court in respect of any such action, and waives any other requirements of or objections to personal jurisdiction with respect thereto. Such appointment of the Authorized Agent will not be revoked by any action taken by the CompanyCompany or the Guarantor. The Each of the Company and the Guarantor represents and warrants that the Authorized Agent has agreed to act as said agent for service of process, and the each of the Company and the Guarantor agrees to take any and all action, including the filing of any and all documents, agreement and instruments, that may be necessary to continue such appointment in full force and effect as aforesaid. Personal service of process upon the Authorized Agent in any manner permitted by applicable law and written notice of such service to the Company and the Guarantor will be deemed, in every respect, effective service of process upon each of the CompanyCompany and the Guarantor.

Appears in 2 contracts

Sources: Pricing Agreement (America Movil Sab De Cv/), Underwriting Agreement (Mobile Radio Dipsa)

Process Agent. Each of the parties hereto irrevocably agrees that any legal suit, action or proceeding arising out of or based upon the Pricing Agreement or the transactions contemplated hereby may be instituted in any U.S. federal or New York state court located in The Borough of Manhattan, The City of New York and any competent court located in the domicile of the Company, the Guarantor or such partyUnderwriter, with respect to actions brought against it the Company, the Guarantor or such Underwriter as defendant, and irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of venue of any such proceeding and waives any right to which it may be entitled on account of place of residence or domicile and irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. The Each of the Company and the Guarantor has appointed CT Corporation System as its authorized agent (the “Authorized Agent”) upon which process may be served in any such action arising out of or based on the Pricing Agreement or the transactions contemplated hereby which may be instituted in any New York court by any Underwriter or by any person who controls such Underwriter, designates CT Corporation System’s address in New York City as its designated address to receive such process, expressly consents to the jurisdiction of any such court in respect of any such action, and waives any other requirements of or objections to personal jurisdiction with respect thereto. Such appointment of the Authorized Agent will not be revoked by any action taken by the CompanyCompany or the Guarantor. The Each of the Company and the Guarantor represents and warrants that the Authorized Agent has agreed to act as said agent for service of process, and the each of the Company and the Guarantor agrees to take any and all action, including the filing of any and all documents, agreement and instruments, that may be necessary to continue such appointment in full force and effect as aforesaid. Personal service of process upon the Authorized Agent in any manner permitted by applicable law and written notice of such service to the Company and the Guarantor will be deemed, in every respect, effective service of process upon each of the CompanyCompany and the Guarantor.

Appears in 2 contracts

Sources: Pricing Agreement (America Movil Sab De Cv/), Underwriting Agreement (Mobile Radio Dipsa)

Process Agent. Each (a) Without prejudice to any other mode of the parties hereto service allowed under any Applicable Law, each Foreign Domiciled Obligor hereby irrevocably agrees designates, appoints and empowers U.S. Borrower Agent as its designee, appointee and agent (in such capacity “Process Agent”) to receive, accept and acknowledge for and on its behalf, and in respect of its property, service of any and all legal process, summons, notices and documents that may be served in any legal suit, such action or proceeding arising out of or based upon the Pricing relating to this Agreement or the transactions contemplated hereby any other Loan Document. Such service may be instituted made by mailing or delivering a copy of such process to the applicable Foreign Domiciled Obligor, in care of the Process Agent (or any U.S. federal successor thereto, as the case may be) at such Process Agent’s above address (or New York state court located the address of any successor thereto, as the case may be), and each Foreign Domiciled Obligor hereby irrevocably authorizes and directs the Process Agent (and any successor thereto) to accept such service on its behalf. If for any reason such designee, appointee and agent shall cease to be available to act as such, each Foreign Domiciled Obligor agrees to designate a new designee, appointee and agent in The Borough of Manhattan, The City the State of New York on the terms and any competent court located for the purposes of this provision reasonably satisfactory to Agent, and further shall at all times maintain an agent for service of process in the domicile of such partyU.S., with respect so long as there shall be outstanding any Obligations. Foreign Borrower Agent shall give notice to actions brought against it as defendant, and irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of venue Agent of any such proceeding and waives any right to which it may be entitled on account of place of residence or domicile and irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. The Company has appointed CT Corporation System as its authorized agent (the “Authorized Agent”) upon which process may be served in any such action arising out of or based on the Pricing Agreement or the transactions contemplated hereby which may be instituted in any New York court by any Underwriter or by any person who controls such Underwriter, designates CT Corporation System’s address in New York City as its designated address to receive such process, expressly consents to the jurisdiction of any such court in respect of any such action, and waives any other requirements of or objections to personal jurisdiction with respect thereto. Such appointment of the Authorized Agent will not be revoked by any action taken by the Company. The Company represents and warrants that the Authorized Agent has agreed to act as said agent successor agents for service of process, and shall obtain from each successor agent a letter of acceptance of appointment and promptly deliver the Company same to Agent. (b) Each Foreign Domiciled ▇▇▇▇▇▇▇ agrees that failure by the Process Agent to take any and all action, including the filing notify such Foreign Domiciled Obligor of any and all documents, agreement and instruments, that may be necessary process will not invalidate the proceedings concerned. Nothing in this Agreement or any other Loan Document will affect the right of any party to continue such appointment in full force and effect as aforesaid. Personal service of this Agreement to serve process upon the Authorized Agent in any other manner permitted by applicable law and written notice of such service to the Company will be deemed, in every respect, effective service of process upon the Companylaw.

Appears in 1 contract

Sources: Loan, Security and Guaranty Agreement (Hyster-Yale Materials Handling, Inc.)

Process Agent. Each of the parties hereto irrevocably agrees that any legal suit, action or proceeding arising out of or based upon the Pricing this Agreement or the transactions contemplated hereby may be instituted in any U.S. federal or New York state court located in The Borough of Manhattan, The City of New York City and any competent court located in the domicile of the Company, the Guarantor or such partyUnderwriter, with respect to actions brought against it the Company, the Guarantor or such Underwriter as defendant, and irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of venue of any such proceeding and waives any right to which it may be entitled on account of place of residence or domicile and irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. The Each of the Company and the Guarantor has appointed CT Corporation System as its authorized agent (the “Authorized Agent”) upon which whom process may be served in any such action arising out of or based on the Pricing this Agreement or the transactions contemplated hereby which may be instituted in any New York court by any Underwriter or by any person who controls such Underwriter, designates CT Corporation System’s address in New York City as its designated address to receive such process, expressly consents to the jurisdiction of any such court in respect of any such action, and waives any other requirements of or objections to personal jurisdiction with respect thereto. Such appointment of the Authorized Agent will not be revoked by any action taken by the CompanyCompany or the Guarantor. The Each of the Company and the Guarantor represents and warrants that the Authorized Agent has agreed to act as said agent for service of process, and the each of the Company and the Guarantor agrees to take any and all action, including the filing of any and all documents, agreement and instruments, that may be necessary to continue such appointment in full force and effect as aforesaid. Personal service of process upon the Authorized Agent in any manner permitted by applicable law and written notice of such service to the Company and the Guarantor will be deemed, in every respect, effective service of process upon each of the CompanyCompany and the Guarantor.

Appears in 1 contract

Sources: Underwriting Agreement (America Movil Sa De Cv/)

Process Agent. Each of the parties hereto irrevocably agrees that any legal suit, action or proceeding arising out of or based upon the Pricing Agreement or the transactions contemplated hereby may be instituted in any U.S. federal or New York state court located in The Borough of Manhattan, The City of New York and any competent court located in the domicile of such party, with respect to actions brought against it as defendant, and irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of venue of any such proceeding and waives any right to which it may be entitled on account of place of residence or present or future domicile and irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. The Company has appointed CT Corporation System as its authorized agent (the “Authorized Agent”) upon which process may be served in any such action arising out of or based on the Pricing Agreement or the transactions contemplated hereby which may be instituted in any New York court by any Underwriter or by any person who controls such Underwriter, designates CT Corporation System’s address in New York City as its designated address to receive such process, expressly consents to the jurisdiction of any such court in respect of any such action, and waives any other requirements of or objections to personal jurisdiction with respect thereto. Such appointment of the Authorized Agent will not be revoked by any action taken by the Company. The Company represents and warrants that the Authorized Agent has agreed to act as said agent for service of process, and the Company agrees to take any and all action, including the filing of any and all documents, agreement and instruments, that may be necessary to continue such appointment in full force and effect as aforesaid. Personal service of process upon the Authorized Agent in any manner permitted by applicable law and written notice of such service to the Company will be deemed, in every respect, effective service of process upon the Company.

Appears in 1 contract

Sources: Pricing Agreement (America Movil Sab De Cv/)

Process Agent. Each (a) Without prejudice to any other mode of the parties hereto service allowed under any Applicable Law, each Foreign Domiciled Obligor hereby irrevocably agrees designates, appoints and empowers U.S. Borrower Agent as its designee, appointee and agent (in such capacity “Process Agent”) to receive, accept and acknowledge for and on its behalf, and in respect of its property, service of any and all legal process, summons, notices and documents that may be served in any legal suit, such action or proceeding arising out of or based upon the Pricing relating to this Agreement or the transactions contemplated hereby any other Loan Document. Such service may be instituted made by mailing or delivering a copy of such process to the applicable Foreign Domiciled Obligor, in care of the Process Agent (or any U.S. federal successor thereto, as the case may be) at such Process Agent’s above address (or New York state court located the address of any successor thereto, as the case may be), and each Foreign Domiciled Obligor hereby irrevocably authorizes and directs the Process Agent (and any successor thereto) to accept such service on its behalf. If for any reason such designee, appointee and agent shall cease to be available to act as such, each Foreign Domiciled Obligor agrees to designate a new designee, appointee and agent in The Borough of Manhattan, The City the State of New York on the terms and any competent court located for the purposes of this provision reasonably satisfactory to Agent, and further shall at all times maintain an agent for service of process in the domicile of such partyU.S., with respect so long as there shall be outstanding any Obligations. Foreign Borrower Agent shall give notice to actions brought against it as defendant, and irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of venue Agent of any such proceeding and waives any right to which it may be entitled on account of place of residence or domicile and irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. The Company has appointed CT Corporation System as its authorized agent (the “Authorized Agent”) upon which process may be served in any such action arising out of or based on the Pricing Agreement or the transactions contemplated hereby which may be instituted in any New York court by any Underwriter or by any person who controls such Underwriter, designates CT Corporation System’s address in New York City as its designated address to receive such process, expressly consents to the jurisdiction of any such court in respect of any such action, and waives any other requirements of or objections to personal jurisdiction with respect thereto. Such appointment of the Authorized Agent will not be revoked by any action taken by the Company. The Company represents and warrants that the Authorized Agent has agreed to act as said agent 180 successor agents for service of process, and shall obtain from each successor agent a letter of acceptance of appointment and promptly deliver the Company same to Agent. (b) Each Foreign Domiciled Obligor agrees that failure by the Process Agent to take any and all action, including the filing notify such Foreign Domiciled Obligor of any and all documents, agreement and instruments, that may be necessary process will not invalidate the proceedings concerned. Nothing in this Agreement or any other Loan Document will affect the right of any party to continue such appointment in full force and effect as aforesaid. Personal service of this Agreement to serve process upon the Authorized Agent in any other manner permitted by applicable law and written notice of such service to the Company will be deemed, in every respect, effective service of process upon the Companylaw.

Appears in 1 contract

Sources: Loan Agreement (Hyster-Yale Materials Handling, Inc.)

Process Agent. Each of the parties hereto irrevocably agrees that any legal suit, action or proceeding arising out of or based upon the Pricing Agreement or the transactions contemplated hereby may be instituted in any U.S. federal or New York state court located in The Borough of Manhattan, The City of New York and any competent court located in the domicile of the Company, the Guarantor or such partyUnderwriter, with respect to actions brought against it the Company, the Guarantor or such Underwriter as defendant, and irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of venue of any such proceeding and waives any right to which it may be entitled on account of place of residence or domicile and irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. The Each of the Company and the Guarantor has appointed CT Corporation System as its authorized agent (the “Authorized Agent”) upon which process may be served in any such action arising out of or based on the Pricing Agreement or the transactions contemplated hereby which may be instituted in any New York court by any Underwriter or by any person who controls such Underwriter, designates CT Corporation System’s address in New York City as its designated address to receive such process, expressly consents to the jurisdiction of any such court in respect of any such action, and waives any other requirements of or objections to personal jurisdiction with respect thereto. Such appointment of the Authorized Agent will not be revoked by any action taken by the CompanyCompany or the Guarantor. The Each of the Company and the Guarantor represents and warrants that the Authorized Agent has agreed to act as said agent for service of process, and the each of the Company and the Guarantor agrees to take any and all action, including the filing of any and all documents, agreement and instruments, that may be necessary to continue such appointment in full force and effect as aforesaid. Personal service of process upon the Authorized Agent in any manner permitted by applicable law and written notice of such service to the Company and the Guarantor will be deemed, in every respect, effective service of process upon each of the CompanyCompany and the ▇▇▇▇▇▇▇▇▇.

Appears in 1 contract

Sources: Pricing Agreement (America Movil Sab De Cv/)