Applications to Court Clause Samples
The 'Applications to Court' clause defines the process by which parties to an agreement may seek judicial intervention or resolution for disputes or issues arising under the contract. Typically, this clause outlines the circumstances under which a party can apply to a court, such as when alternative dispute resolution methods have failed or when urgent relief is required. It may also specify the appropriate jurisdiction or court for such applications. The core function of this clause is to provide a clear, agreed-upon pathway for resolving disputes through the legal system, ensuring that parties have recourse to formal judicial remedies when necessary.
Applications to Court a. No judicial proceeding by a party relating to the subject matter of the arbitration shall be deemed a waiver of the party's right to arbitrate.
b. Neither the AAA nor any arbitrator in a proceeding under these rules is or shall be considered a necessary or proper party in judicial proceedings relating to the arbitration.
c. Parties to these procedures shall be deemed to have consented that judgment upon the arbitration award may be entered in any federal or state court having jurisdiction.
d. Parties to an arbitration under these rules shall be deemed to have consented that neither the AAA nor any arbitrator shall be liable to any party in any action for damages or injunctive relief for any act or omission in connection with any arbitration under these rules.
Applications to Court. All applications for Court approval or Court orders required under this Settlement Agreement shall be made on notice to Plaintiff’s Counsel and Defendant’s Counsel.
Applications to Court. Because the rights and remedies set out in this Contract of Trust are not statute-based, the Trustees, the Trust and the Unitholders acknowledge that references in this Contract of Trust to Unitholder rights that may be enforced by a court or to remedies that may be granted by a court are subject to the court, in its discretion, accepting jurisdiction to consider and determine any proceeding commenced by a Unitholder applying to the court pursuant to this Contract of Trust.
Applications to Court. 5.6.1 The Transferor Company and the Transferee Company shall as may be required make necessary applications and/or petitions to the Company Court under Sections 391 to 394 of the 1956 Companies Act and other provisions of the Companies (Court) Rules, 1959 along with the applicable provisions of the 2013 Companies Act seeking orders for dispensing with or convening, holding and conducting of the meetings of members and/or creditors and for sanction of this Scheme with such modification as may be approved by the Company Court and all matters ancillary or incidental thereto.
5.6.2 Upon this Scheme being approved by the requisite majority of the shareholders and creditors of the Transferor Company and the Transferee Company respectively (wherever required), the Transferor Company and the Transferee Company shall, with all reasonable dispatch, file respective petitions before the Company Court for sanction of this Scheme under Sections 391 to 394 and other provisions of the Companies (Court) Rules, 1959 along with applicable provisions of the 2013 Companies Act and for such other order or orders, as the Company Court may deem fit for putting this Scheme into effect.
5.6.3 Upon this Scheme becoming effective, the shareholders of the Transferee Company shall be deemed to have also accorded their approval under all relevant provisions of the 1956 Companies Act and 2013 Companies Act for giving effect to the provisions contained in this Scheme.
Applications to Court. If the Scheme is not approved by Xref Shareholders at the Scheme Meeting by reason only of the non-satisfaction of the Headcount Test and either party considers, acting reasonably, that Share Splitting or some abusive or improper conduct may have caused or contributed to the Headcount Test not having been satisfied or either party has in good faith formed the view that the prospect of the Court exercising its discretion as contemplated in clauses 3.6(a) and 3.6(b) is reasonable, then Xref must:
(a) apply for an order of the Court contemplated by section 411(4)(a)(ii)(A) of the Corporations Act to disregard the Headcount Test and seek Court approval of the Scheme under section 411(4)(b) of the Corporations Act, notwithstanding that the Headcount Test has not been satisfied; and
(b) make such submissions to the Court and file such evidence as counsel engaged by Xref to represent it in Court proceedings related to the Scheme, in consultation with SEEK, considers is reasonably required to seek to persuade the Court to exercise its discretion under section 411(4)(a)(ii)(A) of the Corporations Act by making an order to disregard the Headcount Test. If the Court grants an order under 411(4)(a)(ii)(A), then the Headcount Test (and accordingly, assuming the test in section 411(4)(b)(ii)(B) has also been satisfied, the Condition Precedent in paragraph (b) of clause 3.1) is deemed to be satisfied for all purposes under this document.
Applications to Court. The Trustee will be entitled at any time, in cases in which it is entitled to make Debentures of any of the series immediately due and payable, as stated in Clause 5 above, to apply to a court with applications for realizing the rights of the Debenture holders pursuant to this Deed under the supervision of the court, and the Trustee will further be entitled to apply to court, whether before or after it has made the Debentures immediately due and payable as stated in Clause 5 above, as it sees fit, for the grant of any other order in relation to the administration of the trust as aforesaid. It will further be entitled to give its consent or approval to any application to a court which is made on a requisition of a Debenture holder, and the Company shall indemnify the Trustee for all the reasonable expenses that may be incurred by the Trustee by virtue of such application, and as a result of acts done in consequence thereof or in connection therewith.
Applications to Court. The Authority and the Contractor shall, forthwith following each Service Availability Date, make applications to the Court for the orders referred to in Clause 38.3 in the form of the draft applications agreed between their solicitors, and shall take such steps (and so instruct their solicitors) diligently to pursue such applications and shall if so required make reapplications to obtain such orders with all due expedition. The Contractor shall bear the cost of obtaining the Court orders.
Applications to Court. The Trustee may, on or at any time after the security created by this Deed has become enforceable (but subject to clause 13.3), apply to a court for an order that the rights and trusts contained in this Deed be exercised under the direction of the court and for the appointment of a Receiver of all or any part of the Charged Assets and for any other order or direction in relation to the execution and administration of the rights and trusts contained in this Deed as the Trustee may deem expedient. The Trustee may in its capacity as Trustee assent to, approve of or oppose any application to a court made by or at the instance of any of the Stockholders and shall, to the extent permitted by law (including, for the avoidance of doubt, section 105 of the FMC Act), be indemnified by the Council against all reasonable costs, charges and expenses incurred by and in relation to any such application or proceedings (except where such alleges, or relates to, any fraud, default, negligence or wrongful action or omission by the Trustee).
Applications to Court. Any party may at any time, seek from a court any equitable, interim, provisional or permanent or injunctive relief to avoid irreparable injury.
Applications to Court. As a decision-making assistant, you are permitted to make an application to court, for the court to make a declaration of capacity in relation to the appointer.