Common use of Acceptance of Jurisdiction Clause in Contracts

Acceptance of Jurisdiction. The agreement by the Company and the Holder as to forum is independent of the law that may be applied in the action, and the Company and the Holder, as a condition to the Holder’s receipt of the Option, (i) agree to such forum even if the forum may under applicable law choose to apply non-forum law, (ii) hereby waive, to the fullest extent permitted by applicable law, any objection which the Company or the Holder now or hereafter may have to personal jurisdiction or to the laying of venue of any such suit, action or proceeding in any court referred to in Section 15(a), (iii) undertake not to commence any action arising out of or relating to or concerning the Plan or this Agreement in any forum other than the forum described in this Section 15 and (iv) agree that, to the fullest extent permitted by applicable law, a final and non-appealable judgment in any such suit, action or proceeding in any such court shall be conclusive and binding upon the Company and the Holder.

Appears in 2 contracts

Samples: Non Qualified Stock Option Agreement (Nbty Inc), Incentive Stock Option Agreement (Nbty Inc)

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Acceptance of Jurisdiction. The agreement by the Company and the Holder as to forum is independent of the law that may be applied in the action, and the Company and the Holder, as a condition to the Holder’s receipt of the Option, (i) agree to such forum even if the forum may under applicable law choose to apply non-forum law, (ii) hereby waive, to the fullest extent permitted by applicable law, any objection which the Company or the Holder now or hereafter may have to personal jurisdiction or to the laying of venue of any such suit, action or proceeding in any court referred to in Section 15(a16(a), (iii) undertake not to commence any action arising out of or relating to or concerning the Plan or this Agreement in any forum other than the forum described in this Section 15 16 and (iv) agree that, to the fullest extent permitted by applicable law, a final and non-appealable judgment in any such suit, action or proceeding in any such court shall be conclusive and binding upon the Company and the Holder.

Appears in 2 contracts

Samples: Non Qualified Stock Option Agreement (Nbty Inc), Incentive Stock Option Agreement (Nbty Inc)

Acceptance of Jurisdiction. The agreement by the Company and the Holder Grantee as to forum is independent of the law that may be applied in the action, and the Company and the HolderGrantee, as a condition to the HolderGrantee’s receipt of the OptionAward, (i) agree to such forum even if the forum may under applicable law choose to apply non-forum law, (ii) hereby waive, to the fullest extent permitted by applicable law, any objection which the Company or the Holder Grantee now or hereafter may have to personal jurisdiction or to the laying of venue of any such suit, action or proceeding in any court referred to in Section 15(a14(a), (iii) undertake not to commence any action arising out of or relating to or concerning the Plan or this Agreement in any forum other than the forum described in this Section 15 14 and (iv) agree that, to the fullest extent permitted by applicable law, a final and non-appealable judgment in any such suit, action or proceeding in any such court shall be conclusive and binding upon the Company and the HolderGrantee.

Appears in 2 contracts

Samples: Restricted Stock Unit Agreement (Nbty Inc), Restricted Stock Award Agreement (Nbty Inc)

Acceptance of Jurisdiction. The agreement by the Company and the Holder Participant as to forum is independent of the law that may be applied in the action, and the Company and the HolderParticipant, as a condition to the HolderParticipant’s receipt of the OptionPhantom Unit, (iA) agree to such forum even if the forum may under applicable law choose to apply non-forum law, (iiB) hereby waive, to the fullest extent permitted by applicable law, any objection which the Company or the Holder Participant now or hereafter may have to personal jurisdiction or to the laying of venue of any such suit, action or proceeding in any court referred to in Section 15(a10(g)(i), (iiiC) undertake not to commence any action arising out of or relating to or concerning the Plan or this Agreement in any forum other than the forum described in this Section 15 10(g) and (ivD) agree that, to the fullest extent permitted by applicable law, a final and non-appealable judgment in any such suit, action or proceeding in any such court shall be conclusive and binding upon the Company and the HolderParticipant.

Appears in 2 contracts

Samples: Phantom Unit Agreement (Vantiv, Inc.), Phantom Unit Agreement (Vantiv, Inc.)

Acceptance of Jurisdiction. The agreement by the Company and the Holder Participant as to forum is independent of the law that may be applied in the action, and the Company and the HolderParticipant, as a condition to the HolderParticipant’s receipt of the OptionRestricted Stock, (iA) agree to such forum even if the forum may under applicable law choose to apply non-forum law, (iiB) hereby waive, to the fullest extent permitted by applicable law, any objection which the Company or the Holder Participant now or hereafter may have to personal jurisdiction or to the laying of venue of any such suit, action or proceeding in any court referred to in Section 15(a7(g)(i), (iiiC) undertake not to commence any action arising out of or relating to or concerning the Plan or this Agreement in any forum other than the forum described in this Section 15 7(g) and (ivD) agree that, to the fullest extent permitted by applicable law, a final and non-appealable judgment in any such suit, action or proceeding in any such court shall be conclusive and binding upon the Company and the HolderParticipant.

Appears in 2 contracts

Samples: Restricted Stock Award Agreement (Vantiv, Inc.), Restricted Stock Award Agreement (Vantiv, Inc.)

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Acceptance of Jurisdiction. The agreement by the Company and the Holder as to forum is independent of the law that may be applied in the action, and the Company and the Holder, as a condition to the Holder’s receipt of the OptionAward, (i) agree to such forum even if the forum may under applicable law choose to apply non-forum law, (ii) hereby waive, to the fullest extent permitted by applicable law, any objection which the Company or the Holder now or hereafter may have to personal jurisdiction or to the laying of venue of any such suit, action or proceeding in any court referred to in Section 15(a), (iii) undertake not to commence any action arising out of or relating to or concerning the Plan or this Agreement in any forum other than the forum described in this Section 15 and (iv) agree that, to the fullest extent permitted by applicable law, a final and non-appealable judgment in any such suit, action or proceeding in any such court shall be conclusive and binding upon the Company and the Holder.

Appears in 1 contract

Samples: Stock Appreciation Right Agreement (Nbty Inc)

Acceptance of Jurisdiction. The agreement by the Company and the Holder Participant as to forum is independent of the law that may be applied in the action, and the Company and the HolderParticipant, as a condition to the HolderParticipant’s receipt of the OptionRestricted Stock Units, (iA) agree to such forum even if the forum may under applicable law choose to apply non-forum law, (iiB) hereby waive, to the fullest extent permitted by applicable law, any objection which the Company or the Holder Participant now or hereafter may have to personal jurisdiction or to the laying of venue of any such suit, action or proceeding in any court referred to in Section 15(a8(f)(i), (iiiC) undertake not to commence any action arising out of or relating to or concerning the Plan or this Agreement in any forum other than the forum described in this Section 15 8(f) and (ivD) agree that, to the fullest extent permitted by applicable law, a final and non-appealable judgment in any such suit, action or proceeding in any such court shall be conclusive and binding upon the Company and the HolderParticipant.

Appears in 1 contract

Samples: Restricted Stock Unit Award Agreement (Vantiv, Inc.)

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