In Brax Capital Group, LLC v. WinWin Gaming, Inc., 83 AD3d 591 [1st Dept 2011] the defendant was a corporate executive with intertwining corporate and personal roles involved in procuring investors for a corporation that he chaired. (83 AD3d at 591). The defendant in Brax "sent others to New York who acted on his behalf in dealing with investment bankers involved in obtaining financing for the corporation." (Id.) It is also worth noting that the Court in Brax based its finding of personal jurisdiction over the defendant not just on the forum selection provision but also pursuant to New York's long arm statute (CPLR 302).