Court Proceeding. Petition (by means of an interpleader action or any other appropriate method) any court of competent jurisdiction in the City of Richmond, Virginia, for instructions with respect to such dispute or uncertainty, and pay into such court all funds held by it as Escrow Funds for holding and disposition in accordance with the instructions of such court. Escrow Agent shall have no liability to Agent, Company, any Subscriber or any other person with respect to any such suspension of performance or disbursement into court, specifically including any liability or claimed liability that may arise, or be alleged to have arisen, out of or as a result of any delay in the disbursement of funds held as Escrow Funds or any delay in or with respect to any other action required or requested of Escrow Agent.
Court Proceeding. Each of the Parties agrees that any dispute between the Parties in respect of which resolution by a court of any issue is required either (i) in accordance with the provisions of Section 19(a) or (ii) for the purpose of the recognition and enforcement of any judgment by the arbitrator, shall be resolved only in the courts of New Jersey or the United States District Court for the District of New Jersey and the appellate courts having jurisdiction of appeals from such courts.
Court Proceeding. Unless otherwise agreed by the Parties, the Parties may commence court proceeding if no solution can be arrived at in between the Parties for any dispute or claim arising out of or in connection with or under this Sub-lease Agreement in the manner as stated in Clause 9.1 above, and the Parties hereby further agree that the service of any writ or summons or any legal process in respect of any action arising out of or connected with this Sub-lease Agreement may be effected by forwarding a copy of the writ or summons and statement of claim or other legal process in accordance with the terms of this Sub-lease Agreement.
Court Proceeding. If the forum selected by Indemnitee pursuant to Section 8.3 to determine whether Indemnitee is entitled to indemnification is not a court described in Section 8.3(e) and such forum shall not have made a determination within 120 days after the date on which the Company is required by Section 8.3 to submit to such forum its claim that Indemnitee is not entitled to such indemnification, then Indemnitee shall be entitled to apply to the Court of Chancery of Delaware or other court described in Section 8.3(e) to have Indemnitee’s request for indemnification adjudicated by such court in lieu of having the determination made by such forum. The Company shall not oppose Indemnitee’s right to seek any such adjudication.
Court Proceeding. Unless otherwise agreed by the Parties, the Parties may commence court proceeding if no solution can be arrived at in between the Parties for any dispute or claim arising out of or in connection with or under this Agreement in the manner as stated in Clause 11.1 above, and the Parties hereby further agree that the service of any writ or summons or any legal process in respect of any action arising out of or connected with this Agreement may be effected by forwarding a copy of the writ or summons and statement of claim or other legal process in accordance with the terms of this Agreement.
Court Proceeding. Any hearing, trial or other appearance before any Colorado state court in an action, appeal, or other proceeding, including any matter conducted by a judicial officer.
Court Proceeding. Any legal suit, action or proceeding against the Indemnitees or Indemnitors arising out of or relating to this Agreement shall be instituted in any federal or state court in the Commonwealth of Massachusetts, and the Indemnitors waive any objection which they may now or hereafter have to the laying of venue of any such suit, action or proceeding, and the Indemnitors hereby irrevocably submit to the jurisdiction of any such court in any suit, action or proceeding.
Court Proceeding. By either Seller or Buyer if any court of competent jurisdiction in the United States or any state shall have issued an order, judgment, or decree (other than a temporary restraining order or preliminary injunction) restraining, enjoining, or otherwise prohibiting the Transaction and such order, judgment, or decree shall have become final and nonappealable.
Court Proceeding. Each of the parties agrees that any dispute between the parties in respect of which resolution by a court of any issue is required either (i) in accordance with the provisions of Section 19(a) or (ii) for the purpose of the recognition and enforcement of any judgment by the arbitrator, shall be resolved only in the courts of the State of Delaware or the United States District Court for the District of Delaware and the appellate courts having jurisdiction of appeals in such courts. In that context, and without limiting the generality of the foregoing, each of the parties hereto irrevocably and unconditionally (A) submits in any proceeding permitting a Court determination in accordance with the provisions of Section 19(a) (a “Proceeding”) to the exclusive jurisdiction of the courts of the State of Delaware, the court of the United States of America for the District of Delaware, and appellate courts having jurisdiction of appeals from any of the foregoing, and agrees that all claims in respect of any such Proceeding shall be heard and determined in such Delaware State court or, to the extent permitted by law, in such federal court, (B) consents that any such Proceeding may and shall be brought in such courts and waives any objection that the Executive or the Company or the Parent may now or thereafter have to the venue or jurisdiction of any such Proceeding in any such court or that such Proceeding was brought in an inconvenient court and agrees not to plead or claim the same, (C) waives all right to trial by jury in any Proceeding, (D) agrees that service of process in any such Proceeding may be effected by mailing a copy of such process by registered or certified mail (or any substantially similar form of mail), postage prepaid, to such party at the Executive’s or the Company’s or the Parent’s address as provided in Section 11 hereof, and (E) agrees that nothing in this Agreement shall affect the right to effect service of process in any other manner permitted by the laws of the State of Delaware.
Court Proceeding. ACT is not under the jurisdiction of a court in a Title 11 or similar case within the meaning of Section 368(a)(3)(A) of the Code.
