Common use of Applicable Law; Submission to Jurisdiction Clause in Contracts

Applicable Law; Submission to Jurisdiction. This Agreement shall be construed in accordance with and governed by the laws of the State of Delaware, without regard to the conflicts of law rules of such state. Each of the parties hereto hereby consents to the exclusive jurisdiction of the United States District Court for the District of Delaware and the Chancery Court of the State of Delaware (and of the appropriate appellate courts therefrom) over any suit, action or proceeding arising out of or relating to this Agreement. Each party hereto irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of venue in any such court or that any such proceeding which is brought in accordance with this Section has been brought in an inconvenient forum. Subject to applicable law, process in any such proceeding may be served on any party anywhere in the world, whether within or without the jurisdiction of any such court. Without limiting the foregoing and subject to applicable law, each party agrees that service of process on such party as provided in Section 6.04 shall be deemed effective service of process on such party. Nothing herein shall affect the right of any party to serve legal process in any other manner permitted by law or at equity or to enforce in any lawful manner a judgment obtained in one jurisdiction in any other jurisdiction. WITH RESPECT TO A PROCEEDING IN ANY SUCH COURT, EACH OF THE PARTIES IRREVOCABLY WAIVES AND RELEASES TO THE OTHER ITS RIGHT TO A TRIAL BY JURY, AND AGREES THAT IT WILL NOT SEEK A TRIAL BY JURY IN ANY SUCH PROCEEDING.

Appears in 4 contracts

Samples: Shareholders Agreement (Winstar Communications Inc), Shareholders Agreement (Winstar Communications Inc), Shareholders Agreement (Winstar Communications Inc)

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Applicable Law; Submission to Jurisdiction. This Agreement is governed by and shall be construed in accordance with and governed by the laws Laws of the State of Delaware, without regard excluding any conflict-of-laws rule or principle that might refer the governance or the construction of this Agreement to the conflicts Law of law rules of such stateanother jurisdiction. Each of The Company and the parties hereto Member (a) hereby consents irrevocably and unconditionally submit to the exclusive jurisdiction of the United States District Court for the District of Delaware and the Chancery Court courts of the State of Delaware (Texas located in Xxxxxx County, Texas and to the federal courts located in Xxxxxx County, Texas, for the purpose of the appropriate appellate courts therefrom) over any suit, action or other proceeding arising out or based upon this Agreement, (b) agree not to commence any suit, action or other proceeding arising out of or relating based upon this Agreement except in the above described courts and (c) hereby waive, and agree not to this Agreement. Each party hereto irrevocably waivesassert, to the fullest extent permitted by lawway of motion, any objection which it may now as a defense or hereafter have to the laying of venue otherwise, in any such court suit, action or proceeding, any claim that any such it is not subject personally to the jurisdiction of the above described courts, that its property is exempt or immune from attachment or execution, that the suit, action or proceeding which is brought in accordance with this Section has been brought in an inconvenient forum. Subject to applicable law, process that the venue of the suit, action or proceeding is improper or that this Agreement or the subject matter hereof may not be enforced in any such proceeding may be served on any party anywhere in the world, whether within or without the jurisdiction of any by such court. Without limiting the foregoing and subject to applicable law, each party agrees that service of process on such party as provided in Section 6.04 shall be deemed effective service of process on such party. Nothing herein shall affect the right of any party to serve legal process in any other manner permitted by law or at equity or to enforce in any lawful manner a judgment obtained in one jurisdiction in any other jurisdiction. WITH RESPECT THE MEMBER WAIVE ANY RIGHT TO A PROCEEDING TRIAL BY JURY IN ANY SUCH COURT, EACH PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. THE MEMBER AGREE THAT ANY OF THEM MAY FILE A COPY OF THIS PARAGRAPH WITH ANY COURT AS WRITTEN EVIDENCE OF THE PARTIES KNOWING, VOLUNTARY AND BARGAINED-FOR AGREEMENT AMONG THE MEMBER TO IRREVOCABLY WAIVES AND RELEASES TO THE OTHER ITS RIGHT TO A WAIVE TRIAL BY JURY, AND AGREES THAT IT WILL NOT SEEK ANY DISPUTE BETWEEN THEM RELATING TO THIS AGREEMENT SHALL INSTEAD BE TRIED BY A TRIAL BY JURY IN ANY SUCH PROCEEDINGCOURT OF COMPETENT JURISDICTION SITTING WITHOUT A JURY.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (Oasis Midstream Partners LP), Contribution and Simplification Agreement (Oasis Petroleum Inc.), Contribution and Simplification Agreement (Oasis Midstream Partners LP)

Applicable Law; Submission to Jurisdiction. This Agreement agreement shall be governed by and construed in accordance with and governed by the laws of the State of Delaware, without regard to the conflicts of law rules of such stateNew York. Each of the parties hereto Obligor hereby consents irrevocably submits to the exclusive jurisdiction of the United States District Court for the District of Delaware and the Chancery Court of the State of Delaware any state or federal court sitting in New York, New York (and of the appropriate any appellate courts therefromcourt thereof) over any suit, legal action or proceeding arising out of or relating with respect to this AgreementAgreement or any other Credit Document and each Obligor hereby irrevocably agrees that all claims in respect of any such proceeding may be heard and determined in such state court, or, to the extent permitted by law, in such federal court. Each party hereto Obligor hereby irrevocably waives, to the fullest extent permitted by law, any objection which it may now effectively do so, the defense of an inconvenient forum or hereafter have improper venue to the laying maintenance of venue any such proceeding. Each Obligor irrevocably consents to the service of process out of any of the aforementioned courts in any such court action or proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, to such party to the address prescribed by Section 15.1, such service to become effective five (5) Banking Days after such mailing. Each Obligor agrees that any such proceeding which is brought in accordance with this Section has been brought in an inconvenient forum. Subject to applicable law, process a final judgment in any such proceeding shall be conclusive and may be served executed upon and enforced in other jurisdictions by suit on the judgment or in any party anywhere in the world, whether within or without the jurisdiction of any such court. Without limiting the foregoing and subject to applicable other manner provided by law, each party agrees that service of process on such party as provided in Section 6.04 shall be deemed effective service of process on such party. Nothing herein shall affect limit the right of the Administrative Agent or any party Lender to serve legal process in any other manner permitted by law or at equity applicable Requirements of Law or to enforce in commence legal proceedings or otherwise proceed against any lawful manner a judgment obtained in one jurisdiction Obligor or its property in any other jurisdiction. WITH RESPECT TO A PROCEEDING IN ANY SUCH COURT, EACH OF THE PARTIES IRREVOCABLY WAIVES AND RELEASES TO THE OTHER ITS RIGHT TO A TRIAL BY JURY, AND AGREES THAT IT WILL NOT SEEK A TRIAL BY JURY IN ANY SUCH PROCEEDINGThe taking of any proceedings in any one or more jurisdictions shall not preclude the taking of any proceedings in any other jurisdiction.

Appears in 2 contracts

Samples: Revolving Facility Credit Agreement (Royal Gold Inc), Revolving Facility Credit Agreement (Royal Gold Inc)

Applicable Law; Submission to Jurisdiction. This Agreement (other than the provisions of Article V which shall be construed in accordance with and governed by the laws of the State of Delaware) shall be construed in accordance with and governed by the laws of the State of New York, without regard to the conflicts of law rules of such state. Each of the parties hereto hereby consents to the non-exclusive jurisdiction of the United States District Court for the Southern District of Delaware and the Chancery Court of the New York, or any other New York State of Delaware court sitting in New York, New York (and of the appropriate appellate courts therefrom) over any suit, action or proceeding arising out of or relating to this Agreement. Each party hereto irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of venue in any such court or that any such proceeding which is brought in accordance with this Section has been brought in an inconvenient forum. Subject to applicable law, process in any such proceeding may be served on any party anywhere in the world, whether within or without the jurisdiction of any such court. Without limiting the foregoing and subject to applicable law, each party agrees that service of process on such party as provided in Section 6.04 7.3 shall be deemed effective service of process on such party. Nothing herein shall affect the right of any party to serve legal process in any other manner permitted by law or at equity or to enforce in any lawful manner a judgment obtained in one jurisdiction in any other jurisdiction. WITH RESPECT TO A PROCEEDING IN ANY SUCH COURT, EACH OF THE PARTIES IRREVOCABLY WAIVES AND RELEASES TO THE OTHER ITS RIGHT TO A TRIAL BY JURY, AND AGREES THAT IT WILL NOT SEEK A TRIAL BY JURY IN ANY SUCH PROCEEDING.

Appears in 1 contract

Samples: Shareholders' Agreement (Pacer Express Inc)

Applicable Law; Submission to Jurisdiction. This Agreement (other than the provisions of Article V which shall be construed in accordance with and governed by the laws of the State of Delaware) shall be construed in accordance with and governed by the laws of the State of New York, without regard to the conflicts of law rules of such state. Each of the parties hereto hereby consents to the non-exclusive jurisdiction of the United States District Court for the Southern District of Delaware and the Chancery Court of the New York, or any other New York State of Delaware court sitting in New York, New York (and of the appropriate appellate courts therefrom) over any suit, action or proceeding arising out of or relating to this Agreement. Each party hereto irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of venue in any such court or that any such proceeding which is brought in accordance with this Section has been brought in an inconvenient forum. Subject to applicable law, process in any such proceeding may be served on any party anywhere in the world, whether within or without the jurisdiction of any such court. Without limiting the foregoing and subject to applicable law, each party agrees that service of process on such party as provided in Section 6.04 6.3 shall be deemed effective service of process on such party as provided in Section 6.3 shall be deemed effective service of process on such party. Nothing herein shall affect the right of any party to serve legal process on such party. Nothing herein shall affect the right of any party to serve legal process in any other manner permitted by law or at equity or to enforce in any lawful manner a judgment obtained in one jurisdiction in any other jurisdiction. WITH RESPECT TO A PROCEEDING IN ANY SUCH COURT, EACH OF THE PARTIES IRREVOCABLY WAIVES AND RELEASES TO THE OTHER ITS RIGHT TO A TRIAL BY JURY, AND AGREES THAT IT WILL NOT SEEK A TRIAL BY JURY IN ANY SUCH PROCEEDING.

Appears in 1 contract

Samples: Common and Preferred Stock Purchase (Quality Distribution Inc)

Applicable Law; Submission to Jurisdiction. This Agreement is governed by and shall be construed in accordance with and governed by the laws Laws of the State of Delaware, without regard excluding any conflict-of-laws rule or principle that might refer the governance or the construction of this Agreement to the conflicts Law of law rules of such stateanother jurisdiction. Each of The Company and the parties hereto Members (a) hereby consents irrevocably and unconditionally submit to the exclusive jurisdiction of the United States District Court for the District of Delaware and the Chancery Court courts of the State of Delaware (Texas located in Xxxxxx County, Texas and to the federal courts located in Xxxxxx County, Texas, for the purpose of the appropriate appellate courts therefrom) over any suit, action or other proceeding arising out or based upon this Agreement, (b) agree not to commence any suit, action or other proceeding arising out of or relating based upon this Agreement except in the above described courts and (c) hereby waive, and agree not to this Agreement. Each party hereto irrevocably waivesassert, to the fullest extent permitted by lawway of motion, any objection which it may now as a defense or hereafter have to the laying of venue otherwise, in any such court suit, action or proceeding, any claim that any such it is not subject personally to the jurisdiction of the above described courts, that its property is exempt or immune from attachment or execution, that the suit, action or proceeding which is brought in accordance with this Section has been brought in an inconvenient forum. Subject to applicable law, process that the venue of the suit, action or proceeding is improper or that this Agreement or the subject matter hereof may not be enforced in any such proceeding may be served on any party anywhere in the world, whether within or without the jurisdiction of any by such court. Without limiting the foregoing and subject to applicable law, each party agrees that service of process on such party as provided in Section 6.04 shall be deemed effective service of process on such party. Nothing herein shall affect the right of any party to serve legal process in any other manner permitted by law or at equity or to enforce in any lawful manner a judgment obtained in one jurisdiction in any other jurisdiction. WITH RESPECT THE MEMBERS WAIVE ANY RIGHT TO A PROCEEDING TRIAL BY JURY IN ANY SUCH COURT, EACH PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. THE MEMBERS AGREE THAT ANY OF THEM MAY FILE A COPY OF THIS PARAGRAPH WITH ANY COURT AS WRITTEN EVIDENCE OF THE PARTIES KNOWING, VOLUNTARY AND BARGAINED-FOR AGREEMENT AMONG THE MEMBERS TO IRREVOCABLY WAIVES AND RELEASES TO THE OTHER ITS RIGHT TO A WAIVE TRIAL BY JURY, AND AGREES THAT IT WILL NOT SEEK ANY DISPUTE BETWEEN THEM RELATING TO THIS AGREEMENT SHALL INSTEAD BE TRIED BY A TRIAL BY JURY IN ANY SUCH PROCEEDINGCOURT OF COMPETENT JURISDICTION SITTING WITHOUT A JURY.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Oasis Midstream Partners LP)

Applicable Law; Submission to Jurisdiction. This Agreement shall be construed in accordance with and governed by the laws of the State of DelawareNew York, without regard to the conflicts of law rules of such state. Each of the parties hereto hereby consents to the non-exclusive jurisdiction of the United States District Court for the Southern District of Delaware and the Chancery Court of the New York, or any other New York State of Delaware court sitting in New York County, New York (and of the appropriate appellate courts therefrom) over any suit, action or proceeding arising out of or relating to this Agreement. Each party hereto irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of venue in any such court or that any such proceeding which is brought in accordance with this Section has been brought in an inconvenient forum. Subject to applicable law, process in any such proceeding may be served on any party anywhere in the world, whether within or without the jurisdiction of any such court. Without limiting the foregoing and subject to applicable law, each party agrees that service of process on such party as provided in Section 6.04 2.05 shall be deemed effective service of process on such party. Nothing herein shall affect the right of any party to serve legal process in any other manner permitted by law or at equity or to enforce in any lawful manner a judgment obtained in one jurisdiction in any other jurisdiction. WITH RESPECT TO A PROCEEDING IN ANY SUCH COURT, EACH OF THE PARTIES IRREVOCABLY WAIVES AND RELEASES TO THE OTHER ITS RIGHT TO A TRIAL BY JURY, AND AGREES THAT IT WILL NOT SEEK A TRIAL BY JURY IN ANY SUCH PROCEEDING.

Appears in 1 contract

Samples: Securities Purchase and Exchange Agreement (Liquidmetal Technologies Inc)

Applicable Law; Submission to Jurisdiction. ​ This Agreement agreement shall be governed by and construed in accordance with and governed by the laws of the State of Delaware, without regard to the conflicts of law rules of such stateNew York. Each of the parties hereto Obligor hereby consents irrevocably submits to the exclusive jurisdiction of the United States District Court for the District of Delaware and the Chancery Court of the State of Delaware any state or federal court sitting in New York, New York (and of the appropriate any appellate courts therefromcourt thereof) over any suit, legal action or proceeding arising out of or relating with respect to this AgreementAgreement or any other Credit Document and each Obligor hereby irrevocably agrees that all claims in respect of any such proceeding may be heard and determined in such state court, or, to the extent permitted by law, in such federal court. Each party hereto Obligor hereby irrevocably waives, to the fullest extent permitted by law, any objection which it may now effectively do so, the defense of an inconvenient forum or hereafter have improper venue to the laying maintenance of venue any such proceeding. Each Obligor irrevocably consents to the service of process out of any of the aforementioned courts in any such court action or proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, to such party to the address prescribed by Section 0, such service to become effective five (5) Banking Days after such mailing. Each Obligor agrees that any such proceeding which is brought in accordance with this Section has been brought in an inconvenient forum. Subject to applicable law, process a final judgment in any such proceeding shall be conclusive and may be served executed upon and enforced in other jurisdictions by suit on the judgment or in any party anywhere in the world, whether within or without the jurisdiction of any such court. Without limiting the foregoing and subject to applicable other manner provided by law, each party agrees that service of process on such party as provided in Section 6.04 shall be deemed effective service of process on such party. Nothing herein shall affect limit the right of the Administrative Agent or any party Lender to serve legal process in any other manner permitted by law or at equity applicable Requirements of Law or to enforce in commence legal proceedings or otherwise proceed against any lawful manner a judgment obtained in one jurisdiction Obligor or its property in any other jurisdiction. WITH RESPECT TO A PROCEEDING IN ANY SUCH COURT, EACH OF THE PARTIES IRREVOCABLY WAIVES AND RELEASES TO THE OTHER ITS RIGHT TO A TRIAL BY JURY, AND AGREES THAT IT WILL NOT SEEK A TRIAL BY JURY IN ANY SUCH PROCEEDING.The taking of any proceedings in any one or more jurisdictions shall not preclude the taking of any proceedings in any other jurisdiction. ​

Appears in 1 contract

Samples: Revolving Facility Credit Agreement (Royal Gold Inc)

Applicable Law; Submission to Jurisdiction. This Agreement shall be construed in accordance with and governed by the laws of the State of DelawareNew York, without regard to the conflicts of law rules of such state. Each of the parties hereto hereby consents to the non-exclusive jurisdiction of the United States District Court for the Southern District of Delaware and the Chancery Court of the New York, or any other New York State of Delaware court sitting in New York, New York (and of the appropriate appellate courts therefrom) over any suit, action or proceeding arising out of or relating to this Agreement. Each party hereto irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of venue in any such court or that any such proceeding which is brought in accordance with this Section has been brought in an inconvenient forum. Subject to applicable law, process in any such proceeding may be served on any party anywhere in the world, whether within or without the jurisdiction of any such court. Without limiting the foregoing and subject to applicable law, each party agrees that service of process on such party as provided in Section 6.04 3.04 shall be deemed effective service of process on such party. Nothing herein shall affect the right of any party to serve legal process in any other manner permitted by law or at equity or to enforce in any lawful manner a judgment obtained in one jurisdiction in any other jurisdiction. WITH RESPECT TO A PROCEEDING IN ANY SUCH COURT, EACH OF THE PARTIES IRREVOCABLY WAIVES AND RELEASES TO THE OTHER ITS RIGHT TO A TRIAL BY JURY, AND AGREES THAT IT WILL NOT SEEK A TRIAL BY JURY IN ANY SUCH PROCEEDING.

Appears in 1 contract

Samples: Voting Proxy (VHS of Phoenix Inc)

Applicable Law; Submission to Jurisdiction. This Agreement shall be governed by and construed in accordance with and governed by the internal laws of the State of Delaware, Delaware (without regard to the its conflicts of law rules of such staterules). Each of the parties hereto hereby consents to the exclusive jurisdiction of the United States District Court for the District of Delaware and the Chancery Court of the State of Delaware (and of the appropriate appellate courts therefrom) over any suit, action or proceeding arising out of or relating to this Agreement. Each party hereto irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of venue in any such court or that any such proceeding which is brought in accordance with this Section has been brought in an inconvenient forum. Subject to applicable law, process in any such proceeding may be served on any party anywhere any where in the world, whether within or without the jurisdiction of any such court. Without limiting the foregoing and subject to applicable law, each party agrees that service of process on such party as provided in Section 6.04 8.3 shall be deemed effective service of process on such party. Nothing herein shall affect the right of any party to serve legal process in any other manner permitted by law or at equity or to enforce in any lawful manner a judgment obtained in one jurisdiction in any other jurisdiction. WITH RESPECT TO A PROCEEDING IN ANY SUCH COURT, EACH OF THE PARTIES IRREVOCABLY WAIVES AND RELEASES TO THE OTHER ITS RIGHT TO A TRIAL BY JURY, AND AGREES THAT IT WILL NOT SEEK A TRIAL BY JURY IN ANY SUCH PROCEEDING.

Appears in 1 contract

Samples: Stockholders Agreement (Cross Country Inc)

Applicable Law; Submission to Jurisdiction. This Agreement shall be construed in accordance with and governed by the laws of the State of Delaware, without regard to the conflicts of law rules of such state. Each of the parties hereto hereby consents to the exclusive jurisdiction of the United States District Court for the District of Delaware and the Chancery Court of the State of Delaware (and of the appropriate appellate courts therefrom) over any suit, action or proceeding arising out of or relating to this Agreement. Each party hereto irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of venue in any such court or that any such proceeding which is brought in accordance with this Section has been brought in an inconvenient forum. Subject to applicable law, process in any such proceeding may be served on any party anywhere in the world, whether within or without the jurisdiction of any such court. Without limiting the foregoing and subject to applicable law, each party agrees that service of process on such party as provided in Section 6.04 shall be deemed effective service of process on such party. Nothing herein shall affect the right of any party to serve legal process in any other manner permitted by law or at equity or to enforce in any lawful manner a judgment obtained in one jurisdiction in any other jurisdiction. WITH RESPECT TO A PROCEEDING IN ANY SUCH COURT, EACH OF THE PARTIES IRREVOCABLY WAIVES AND RELEASES TO THE OTHER ITS RIGHT TO A TRIAL BY JURY, AND AGREES THAT IT WILL NOT SEEK A TRIAL BY JURY IN ANY SUCH PROCEEDING.

Appears in 1 contract

Samples: Surviving Shareholders Agreement (VHS of Phoenix Inc)

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Applicable Law; Submission to Jurisdiction. This Agreement shall be construed in accordance with and governed by the laws of the State of Delaware, without regard to the conflicts of law rules of such state. Each of the parties hereto hereby consents to the exclusive jurisdiction of the United States District Court Xxxxxx Xxxxxx Xxxxxxxx Xxxxx for the District of Delaware and the Chancery Court of the State of Delaware (and of the appropriate appellate courts therefrom) over any suit, action or proceeding arising out of or relating to this Agreement. Each party hereto irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of venue in any such court or that any such proceeding which is brought in accordance with this Section has been brought in an inconvenient forum. Subject to applicable law, process in any such proceeding may be served on any party anywhere in the world, whether within or without the jurisdiction of any such court. Without limiting the foregoing and subject to applicable law, each party agrees that service of process on such party as provided in Section 6.04 shall be deemed effective service of process on such party. Nothing herein shall affect the right of any party to serve legal process in any other manner permitted by law or at equity or to enforce in any lawful manner a judgment obtained in one jurisdiction in any other jurisdiction. WITH RESPECT TO A PROCEEDING IN ANY SUCH COURT, EACH OF THE PARTIES IRREVOCABLY WAIVES AND RELEASES TO THE OTHER ITS RIGHT TO A TRIAL BY JURY, AND AGREES THAT IT WILL NOT SEEK A TRIAL BY JURY IN ANY SUCH PROCEEDING.

Appears in 1 contract

Samples: Shareholders Agreement (Winstar Communications Inc)

Applicable Law; Submission to Jurisdiction. This Agreement shall be construed in accordance with and governed by the laws of the State of Delaware, without regard to the conflicts of law rules of such state. Each of the parties hereto hereby consents to the exclusive jurisdiction of the United States District Court for the District of Delaware and the Chancery Court of the State of Delaware (and of the appropriate appellate courts therefrom) over any suit, action or proceeding arising out of or relating to this Agreement. Each party hereto irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of venue in any such court or that any such proceeding which is brought in accordance with this Section has been brought in an inconvenient forum. Subject to applicable law, process in any such proceeding may be served on any party anywhere in the world, whether within or without the jurisdiction of any such court. Without limiting the foregoing and subject to applicable law, each party agrees that service of process on such party as provided in Section 6.04 5.04 shall be deemed effective service of process on such party. Nothing herein shall affect the right of any party to serve legal process in any other manner permitted by law or at equity or to enforce in any lawful manner a judgment obtained in one jurisdiction in any other jurisdiction. WITH RESPECT TO A PROCEEDING IN ANY SUCH COURT, EACH OF THE PARTIES IRREVOCABLY WAIVES AND RELEASES TO THE OTHER ITS RIGHT TO A TRIAL BY JURY, AND AGREES THAT IT WILL NOT SEEK A TRIAL BY JURY IN ANY SUCH PROCEEDING.

Appears in 1 contract

Samples: Shareholders Agreement (VHS of Phoenix Inc)

Applicable Law; Submission to Jurisdiction. This Agreement, other than Article 3, shall be construed in accordance with and governed by the laws of the State of Georgia, without regard to the conflicts of law rules of such state. Article 3 of this Agreement shall be construed in accordance with and governed by the laws of the State of DelawareNew York, without regard to the conflicts of law rules of such state. Each of the parties hereto hereby consents to the non-exclusive jurisdiction of the United States District Court for the Southern District of Delaware and the Chancery Court of the New York or any New York State of Delaware court sitting in New York City (and of the appropriate appellate courts therefrom) over any suit, action or proceeding arising out of or relating to this Agreement. Each party hereto irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of venue in any such court or that any such proceeding which is brought in accordance with this Section has been brought in an inconvenient forum. Subject to applicable law, process in any such proceeding may be served on any party anywhere in the world, whether within or without the jurisdiction of any such court. Without limiting the foregoing and subject to applicable law, each party agrees that service of process on such party as provided in Section 6.04 5.05 shall be deemed effective service of process on such party. Nothing herein shall affect the right of any party to serve legal process in any other manner permitted by law or at equity or to enforce in any lawful manner a judgment obtained in one jurisdiction in any other jurisdiction. WITH RESPECT TO A PROCEEDING IN ANY SUCH COURT, EACH OF THE PARTIES IRREVOCABLY WAIVES AND RELEASES TO THE OTHER ITS RIGHT TO A TRIAL BY JURY, AND AGREES THAT IT WILL NOT SEEK A TRIAL BY JURY IN ANY SUCH PROCEEDING.

Appears in 1 contract

Samples: Shareholders Agreement (Compucredit Corp)

Applicable Law; Submission to Jurisdiction. This Agreement shall be construed in accordance with and governed by the laws of the State of Delaware, without regard to the conflicts of law rules of such state. Each of the parties hereto hereby consents to the exclusive jurisdiction of the United States District Court for the District of Delaware and the Chancery Court of the State of Delaware (and of the appropriate appellate courts therefrom) over any suit, action or proceeding arising out of or relating to this Agreement. Each party hereto irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of venue in any such court or that any such proceeding which is brought in accordance with this Section has been brought in an inconvenient forum. Subject to applicable law, process in any such proceeding may be served on any party anywhere in the world, whether within or without the jurisdiction of any such court. Without limiting the foregoing and subject to applicable law, each party agrees that service of process on such party as provided in Section 6.04 9.01 shall be deemed effective service of process on such party. Nothing herein shall affect the right of any party to serve legal process in any other manner permitted by law or at equity or to enforce in any lawful manner a judgment obtained in one jurisdiction in any other jurisdiction. WITH RESPECT TO A PROCEEDING IN ANY SUCH COURT, EACH OF THE PARTIES IRREVOCABLY WAIVES AND RELEASES TO THE OTHER ITS RIGHT TO A TRIAL BY JURY, AND AGREES THAT IT WILL NOT SEEK A TRIAL BY JURY IN ANY SUCH PROCEEDING.

Appears in 1 contract

Samples: Subscription Agreement (VHS of Phoenix Inc)

Applicable Law; Submission to Jurisdiction. This Agreement shall be governed by and construed in accordance with and governed by the laws law of the State of DelawareNew York, without regard to the conflicts of law rules of such state. Each regardless of the parties hereto hereby consents law that might be applied under principles of conflict of laws. Any suit, action or proceeding against the Purchaser with respect to the exclusive this Agreement, or any judgment entered by any court in respect of any thereof, may be brought in any court of competent jurisdiction of the United States District Court for the District of Delaware and the Chancery Court of in the State of Delaware (and New York or located in the City of New York, as the Company may elect in its sole discretion. Nothing herein shall in any way be deemed to limit the ability of the appropriate appellate courts therefrom) Company to serve any such writs, process or summonses in any other manner permitted by applicable law or to obtain jurisdiction over the Purchaser, in such other jurisdictions, and in such manner, as may be permitted by applicable law. The Purchaser hereby irrevocably waives any objections which 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. Each party hereto Agreement brought in any court of competent jurisdiction in the State of New York, and hereby further irrevocably waiveswaives any claim that any such suit, to the fullest extent permitted by law, any objection which it may now action or hereafter have to the laying of venue proceeding brought in any such court or that any such proceeding which is brought in accordance with this Section has been brought in an any inconvenient forum. Subject No suit, action or proceeding against the Company with respect to applicable law, process this Agreement may be brought in any such proceeding may be served on court, domestic or foreign, or before any party anywhere similar domestic or foreign authority other than in a court of competent jurisdiction in the worldState of New York, whether within and the Purchaser hereby irrevocably waives any right which it may otherwise have had to bring such an action in any other court, domestic or without foreign, or before any similar domestic or foreign authority. The Company hereby submits accordingly to the jurisdiction of such courts for the purpose of any such court. Without limiting the foregoing and subject to applicable lawsuit, each party agrees that service of process on such party as provided in Section 6.04 shall be deemed effective service of process on such party. Nothing herein shall affect the right of any party to serve legal process in any other manner permitted by law action or at equity or to enforce in any lawful manner a judgment obtained in one jurisdiction in any other jurisdiction. WITH RESPECT TO A PROCEEDING IN ANY SUCH COURT, EACH OF THE PARTIES IRREVOCABLY WAIVES AND RELEASES TO THE OTHER ITS RIGHT TO A TRIAL BY JURY, AND AGREES THAT IT WILL NOT SEEK A TRIAL BY JURY IN ANY SUCH PROCEEDINGproceeding.

Appears in 1 contract

Samples: Subscription Agreement (Bristol West Holdings Inc)

Applicable Law; Submission to Jurisdiction. This Agreement and the rights and duties of the parties hereunder shall be governed by and construed in accordance with and governed by the laws of the State of DelawareNew York. Any suit, without regard action or proceeding against the Purchaser with respect to the conflicts this Agreement, or any judgment entered by any court in respect of law rules of such state. Each of the parties hereto hereby consents any thereof, may be brought (i) with respect to the exclusive jurisdiction any Purchaser who is a resident of the United States District Court for the District of Delaware and the Chancery Court America, in any court of competent jurisdiction in the State of Delaware New York or located in the City of New York, as the Company may elect in its sole discretion or (ii) with respect to any other Purchaser, in any court of competent jurisdiction in England and Wales, as the Company may elect in its sole discretion and the Purchaser hereby submits accordingly to the nonexclusive jurisdiction of such courts for the purpose of any such suit, action, proceeding or judgment. By the execution and delivery of this Agreement, the Purchaser irrevocably appoints CT Corporation System, at its office at 0000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx or Xxxxxx Group Limited, at its registered office for the time being, as the case may be, as his or her agent upon which process may be served in any such suit, action or proceeding. Service of process upon such agent, together with notice of such service given to the Purchaser in the manner provided in Section 24 hereof shall be deemed in every respect effective service of process upon him or her in any suit, action or proceeding. Nothing herein shall in any way be deemed to limit the ability of the appropriate appellate courts therefrom) Company or the Trinity Trustee to serve any such writs, process or summonses in any other manner permitted by applicable law or to obtain jurisdiction over the Purchaser, in such other jurisdictions, and in such manner, as may be permitted by applicable law. The Purchaser hereby irrevocably waives any objections which he or she 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. Each party hereto Agreement brought in any court of competent jurisdiction in the State of New York, if the Purchaser is a resident of the United States, or in England and Wales, if the Purchaser is a resident of any other jurisdiction, and hereby further irrevocably waiveswaives any claim that any such suit, to the fullest extent permitted by law, any objection which it may now action or hereafter have to the laying of venue proceeding brought in any such court or that any such proceeding which is brought in accordance with this Section has been brought in an any inconvenient forum. Subject No suit, action or proceeding against the Company or the Trinity Trustee with respect to applicable law, process this Agreement may be brought in any such proceeding may be served on court, domestic or foreign, or before any party anywhere similar domestic or foreign authority other than in a court of competent jurisdiction in the worldState of New York or in England or Wales, whether within and the Purchaser hereby irrevocably waives any right which he or without she may otherwise have had to bring such an action in any other court, domestic or foreign, or before any similar domestic or foreign authority. The Company and the Trinity Trustee each hereby submits accordingly to the jurisdiction of such courts for the purpose of any such court. Without limiting the foregoing and subject to applicable lawsuit, each party agrees that service of process on such party as provided in Section 6.04 shall be deemed effective service of process on such party. Nothing herein shall affect the right of any party to serve legal process in any other manner permitted by law action or at equity or to enforce in any lawful manner a judgment obtained in one jurisdiction in any other jurisdiction. WITH RESPECT TO A PROCEEDING IN ANY SUCH COURT, EACH OF THE PARTIES IRREVOCABLY WAIVES AND RELEASES TO THE OTHER ITS RIGHT TO A TRIAL BY JURY, AND AGREES THAT IT WILL NOT SEEK A TRIAL BY JURY IN ANY SUCH PROCEEDINGproceeding.

Appears in 1 contract

Samples: Management and Employee Shareholders' and Subscription Agreement (Willis Group Holdings LTD)

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