Applications to Court Sample Clauses

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.
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. 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.
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.
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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 

Related to Applications to Court

  • Applicable Law; Forum, Venue and Jurisdiction (a) This Agreement shall be construed in accordance with and governed by the laws of the State of Delaware, without regard to the principles of conflicts of law.

  • CHOICE OF LAW, VENUE, JURY TRIAL WAIVER AND JUDICIAL REFERENCE California law governs the Loan Documents without regard to principles of conflicts of law. Borrower and Bank each submit to the exclusive jurisdiction of the State and Federal courts in Santa Xxxxx County, California; provided, however, that nothing in this Agreement shall be deemed to operate to preclude Bank from bringing suit or taking other legal action in any other jurisdiction to realize on the Collateral or any other security for the Obligations, or to enforce a judgment or other court order in favor of Bank. Borrower expressly submits and consents in advance to such jurisdiction in any action or suit commenced in any such court, and Borrower hereby waives any objection that it may have based upon lack of personal jurisdiction, improper venue, or forum non conveniens and hereby consents to the granting of such legal or equitable relief as is deemed appropriate by such court. Borrower hereby waives personal service of the summons, complaints, and other process issued in such action or suit and agrees that service of such summons, complaints, and other process may be made by registered or certified mail addressed to Borrower at the address set forth in, or subsequently provided by Borrower in accordance with, Section 10 of this Agreement and that service so made shall be deemed completed upon the earlier to occur of Borrower’s actual receipt thereof or three (3) days after deposit in the U.S. mails, proper postage prepaid. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BORROWER AND BANK EACH WAIVE THEIR RIGHT TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR BASED UPON THIS AGREEMENT, THE LOAN DOCUMENTS OR ANY CONTEMPLATED TRANSACTION, INCLUDING CONTRACT, TORT, BREACH OF DUTY AND ALL OTHER CLAIMS. THIS WAIVER IS A MATERIAL INDUCEMENT FOR BOTH PARTIES TO ENTER INTO THIS AGREEMENT. EACH PARTY HAS REVIEWED THIS WAIVER WITH ITS COUNSEL. WITHOUT INTENDING IN ANY WAY TO LIMIT THE PARTIES’ AGREEMENT TO WAIVE THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY, if the above waiver of the right to a trial by jury is not enforceable, the parties hereto agree that any and all disputes or controversies of any nature between them arising at any time shall be decided by a reference to a private judge, mutually selected by the parties (or, if they cannot agree, by the Presiding Judge of the Santa Xxxxx County, California Superior Court) appointed in accordance with California Code of Civil Procedure Section 638 (or pursuant to comparable provisions of federal law if the dispute falls within the exclusive jurisdiction of the federal courts), sitting without a jury, in Santa Xxxxx County, California; and the parties hereby submit to the jurisdiction of such court. The reference proceedings shall be conducted pursuant to and in accordance with the provisions of California Code of Civil Procedure §§ 638 through 645.1, inclusive. The private judge shall have the power, among others, to grant provisional relief, including without limitation, entering temporary restraining orders, issuing preliminary and permanent injunctions and appointing receivers. All such proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed. If during the course of any dispute, a party desires to seek provisional relief, but a judge has not been appointed at that point pursuant to the judicial reference procedures, then such party may apply to the Santa Xxxxx County, California Superior Court for such relief. The proceeding before the private judge shall be conducted in the same manner as it would be before a court under the rules of evidence applicable to judicial proceedings. The parties shall be entitled to discovery which shall be conducted in the same manner as it would be before a court under the rules of discovery applicable to judicial proceedings. The private judge shall oversee discovery and may enforce all discovery rules and orders applicable to judicial proceedings in the same manner as a trial court judge. The parties agree that the selected or appointed private judge shall have the power to decide all issues in the action or proceeding, whether of fact or of law, and shall report a statement of decision thereon pursuant to California Code of Civil Procedure § 644(a). Nothing in this paragraph shall limit the right of any party at any time to exercise self-help remedies, foreclose against collateral, or obtain provisional remedies. The private judge shall also determine all issues relating to the applicability, interpretation, and enforceability of this paragraph.

  • Jurisdiction; Venue; Waiver of Jury Trial This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. All parties agree and accept that jurisdiction of any controversies or legal problems arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder, shall be exclusively in the state courts of the Seventeenth Judicial Circuit in Broward County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the City pursuant to Section 768.28 Florida Statutes.

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