Common use of Enforceability of Judgment Clause in Contracts

Enforceability of Judgment. Except as disclosed in the General Disclosure Package, any final judgment for a fixed sum of money rendered by a New York Court having jurisdiction under its own domestic laws in respect of any suit, action or proceeding against the Company based upon the Transaction Documents would be recognized and enforced by (A) Cayman Islands courts without re-examining the merits of the case under the common law doctrine of obligation; provided that (i) such judgments must be final and conclusive and for a liquidated sum, (ii) such judgments must not be in respect of taxes or fine or penalty; (iii) such judgments or the enforcement thereof are not contrary to natural justice or public policy of the Cayman Islands, (iv) such judgments were not obtained by fraudulent means and do not conflict with any other valid judgment in the same matter between the same parties and (iv) an action between the same parties in the same matter is not pending in any Cayman Islands court at the time the lawsuit is instituted in the foreign court; and (B) PRC courts, subject to compliance with relevant requirements under the PRC civil law and rules of civil procedures. It is not necessary that the Transaction Documents, the Registration Statement, the General Disclosure Package, the Final Prospectus or any other document be filed or recorded with any court or other authority in the Cayman Islands or the PRC.

Enforceability of Judgment. Except as disclosed in the General Disclosure PackageRegistration Statement, the Time of Sale Prospectus and the Prospectus, any final judgment for a fixed or readily calculable sum of money rendered by a New York Court having jurisdiction under its own domestic laws in respect of any suit, action or proceeding against the Company based upon this Agreement or the Transaction Documents Deposit Agreement and any instruments or agreements entered into for the consummation of the transactions contemplated herein and therein would be recognized and enforced by (Ai) Cayman Islands courts without re-examining the merits of the case under the common law doctrine of obligation; , provided that such judgment (iA) such judgments must be final and conclusive and for is given by a foreign court of competent jurisdiction, (B) imposes on the judgment debtor a liability to pay a liquidated sumsum for which the judgment has been given, (iiC) such judgments must is final judgment, (D) is not be in respect of taxes or taxes, a fine or a penalty; , and (iiiE) such judgments or was not obtained in a manner and is not of a kind the enforcement thereof are not of which is contrary to natural justice or the public policy of the Cayman Islands, (iv) such judgments were not obtained by fraudulent means and do not conflict with any other valid judgment in the same matter between the same parties and (iv) an action between the same parties in the same matter is not pending in any Cayman Islands court at the time the lawsuit is instituted in the foreign court; and (Bii) PRC courts, subject to compliance with relevant civil procedural requirements under the PRC civil law and rules of civil proceduresCivil Procedures Law. It is not necessary for such recognition and enforcement that this Agreement, the Transaction DocumentsDeposit Agreement, the Registration Statement, the General Disclosure PackageTime of Sale Prospectus, the Final Prospectus or any other document be filed or recorded with any court or other authority in the Cayman Islands or the PRC. The Company is not aware of any reason why the enforcement in the Cayman Islands or the PRC of such a New York Court judgment would be, as of the date hereof, contrary to public policy of the Cayman Islands or PRC.

Enforceability of Judgment. Except as disclosed in the General Disclosure Package, any Any final judgment for a fixed or readily calculable sum of money rendered by a New York Court having jurisdiction under its own domestic laws in respect of any suit, action or proceeding against the Company based upon this Agreement or the Transaction Documents Deposit Agreement and any instruments or agreements entered into for the consummation of the transactions contemplated herein and therein would be recognized and enforced by (A) Cayman Islands courts declared enforceable against the Company, without re-examining examination or review of the merits of the case under cause of action in respect of which the common law doctrine original judgment was given or re-litigation of obligation; the matters adjudicated upon, by the courts of the Cayman Islands and PRC, provided that (i) such judgments must be final and conclusive and for a liquidated sumwith respect to courts of the Cayman Islands, (iiA) such judgments must courts had proper jurisdiction over the parties subject to such judgment, (B) such courts did not contravene the rules of natural justice of the Cayman Islands, (C) such judgment was not obtained by fraud, (D) the enforcement of the judgment would not be in respect of taxes or fine or penalty; (iii) such judgments or the enforcement thereof are not contrary to natural justice or the public policy of the Cayman Islands, (ivE) such judgments were not obtained no new admissible evidence relevant to the action is submitted prior to the rendering of the judgment by fraudulent means and do not conflict with any other valid judgment in the same matter between courts of the same parties Cayman Islands, and (ivF) an action between there is due compliance with the same parties in correct procedures under the same matter is not pending in any laws of the Cayman Islands court at the time the lawsuit is instituted in the foreign court; Islands, and (Bii) PRC courtswith respect to courts of the PRC, any application or request for recognition and execution of such judgment is subject to compliance with relevant civil procedural requirements under in the PRC civil law and rules of civil proceduresPRC. It The Company is not necessary that aware of any reason why the Transaction Documents, the Registration Statement, the General Disclosure Package, the Final Prospectus or any other document be filed or recorded with any court or other authority enforcement in the Cayman Islands or the PRC of such a New York Court judgment would be, as of the date hereof, contrary to public policy of the Cayman Islands or PRC.

Enforceability of Judgment. Except as disclosed in the General Registration Statement, the Pricing Disclosure PackagePackage and the Prospectus, any final judgment for a fixed or readily calculable sum of money rendered by a New York Court having jurisdiction under its own domestic laws in respect of any suit, action or proceeding against the Company based upon this Agreement or the Transaction Documents Deposit Agreement and any instruments or agreements entered into for the consummation of the transactions contemplated herein and therein would be recognized and enforced by (Ai) Cayman Islands courts without re-examining the merits of the case under the common law doctrine of obligation; , provided that such judgment (iA) such judgments must be final and conclusive and for is given by a foreign court of competent jurisdiction, (B) imposes on the judgment debtor a liability to pay a liquidated sumsum for which the judgment has been given, (iiC) such judgments must is final judgment, (D) is not be in respect of taxes or taxes, a fine or a penalty; , and (iiiE) such judgments or was not obtained in a manner and is not of a kind the enforcement thereof are not of which is contrary to natural justice or the public policy of the Cayman Islands, (iv) such judgments were not obtained by fraudulent means and do not conflict with any other valid judgment in the same matter between the same parties and (iv) an action between the same parties in the same matter is not pending in any Cayman Islands court at the time the lawsuit is instituted in the foreign court; and (Bii) PRC courts, subject to compliance with relevant civil procedural requirements under the PRC civil law and rules of civil proceduresCivil Procedures Law. It is not necessary for such recognition and enforcement that this Agreement, the Transaction DocumentsDeposit Agreement, the Registration Statement, the General Pricing Disclosure Package, the Final Prospectus or any other document be filed or recorded with any court or other authority in the Cayman Islands or the PRC. The Company is not aware of any reason why the enforcement in the Cayman Islands or the PRC of such a New York Court judgment would be, as of the date hereof, contrary to public policy of the Cayman Islands or PRC.

Enforceability of Judgment. Except as disclosed in the General Disclosure Package, any Any final judgment for a fixed or readily calculable sum of money rendered by a New York Court having jurisdiction under its own domestic laws in respect of any suit, action or proceeding against the Company based upon this Agreement or the Transaction Documents Deposit Agreement and any instruments or agreements entered into for the consummation of the transactions contemplated herein and therein would be recognized and enforced by (A) Cayman Islands courts against the Company, without re-examining examination or review of the merits of the case under cause of action in respect of which the common law doctrine original judgment was given or re-litigation of obligation; the matters adjudicated upon, by the courts of the Cayman Islands and PRC, provided that (i) such judgments must be final and conclusive and for a liquidated sumwith respect to courts of the Cayman Islands, (iiA) such judgments must courts had proper jurisdiction over the parties subject to such judgment, (B) such courts did not contravene the rules of natural justice of the Cayman Islands, (C) such judgment was not obtained by fraud, (D) the enforcement of the judgment would not be in respect of taxes or fine or penalty; (iii) such judgments or the enforcement thereof are not contrary to natural justice or the public policy of the Cayman Islands, (ivE) such judgments were not obtained no new admissible evidence relevant to the action is submitted prior to the rendering of the judgment by fraudulent means and do not conflict with any other valid judgment in the same matter between courts of the same parties Cayman Islands, and (ivF) an action between there is due compliance with the same parties in correct procedures under the same matter is not pending in any laws of the Cayman Islands court at the time the lawsuit is instituted in the foreign court; Islands, and (Bii) PRC courtswith respect to courts of the PRC, any application or request for recognition and execution of such judgment is subject to compliance with relevant civil procedural requirements under in the PRC civil law and rules public policy considerations as stipulated under applicable PRC laws relating to the recognition and enforceability of civil proceduresforeign court judgment. It The Company is not necessary that aware of any reason why the Transaction Documents, the Registration Statement, the General Disclosure Package, the Final Prospectus or any other document be filed or recorded with any court or other authority enforcement in the Cayman Islands or the PRC of such a New York Court judgment would be, as of the date hereof, contrary to public policy of the Cayman Islands or PRC.

Enforceability of Judgment. Except as disclosed in the Registration Statement, the General Disclosure PackagePackage or the Final Prospectus, any final judgment for a fixed sum of money rendered by a New York Court having jurisdiction under its own domestic laws in respect of any suit, action or proceeding against the Company based upon the Transaction Documents would be recognized and enforced by by: (Ai) Cayman Islands courts without re-examining the merits of the case under the common law doctrine of obligation; provided that (iA) the New York court had proper jurisdiction over the parties subject to such judgment; (B) the New York court did not contravene the rules of natural justice of the Cayman Islands; (C) such judgments must be final and conclusive and for a liquidated sum, judgment was not obtained by fraud; (iiD) such judgments must the enforcement of the judgment would not be in respect of taxes or fine or penalty; (iii) such judgments or the enforcement thereof are not contrary to natural justice or the public policy of the Cayman Islands, ; (ivE) such judgments were not obtained no new admissible evidence relevant to the action is submitted prior to the rendering of the judgment by fraudulent means and do not conflict with any other valid judgment in the same matter between courts of the same parties and (iv) an action between the same parties in the same matter is not pending in any Cayman Islands court at the time the lawsuit is instituted in the foreign courtIslands; and (BF) there is due compliance with the correct procedures under the laws of the Cayman Islands; and (ii) PRC courts, subject to compliance with relevant requirements under the PRC civil law and rules of civil procedures. It is not necessary that the Transaction Documents, the Registration Statement, the General Disclosure Package, the Final Prospectus or any other document be filed or recorded with any court or other authority in the Cayman Islands or the PRC.

Enforceability of Judgment. Except as disclosed in the General Disclosure PackageRegistration Statement, the Time of Sale Prospectus and the Prospectus, any final judgment for a fixed or readily calculable sum of money rendered by a New York Court having jurisdiction under its own domestic laws in respect of any suit, action or proceeding against the Company based upon this Agreement or the Transaction Documents Deposit Agreement and any instruments or agreements entered into for the consummation of the transactions contemplated herein and therein would be recognized and enforced by (Ai) Cayman Islands courts without re-examining the merits of the case under the common law doctrine of obligation; , provided that such judgment (iA) such judgments must be final and conclusive and for is given by a foreign court of competent jurisdiction, (B) imposes on the judgment debtor a liability to pay a liquidated sumsum for which the judgment has been given, (iiC) such judgments must is final judgment, (D) is not be in respect of taxes or taxes, a fine or a penalty; , and (iiiE) such judgments or was not obtained in a manner and is not of a kind the enforcement thereof are not of which is contrary to natural justice or the public policy of the Cayman Islands, (iv) such judgments were not obtained by fraudulent means and do not conflict with any other valid judgment in the same matter between the same parties and (iv) an action between the same parties in the same matter is not pending in any Cayman Islands court at the time the lawsuit is instituted in the foreign court; and (Bii) PRC courts, subject to compliance with relevant civil procedural requirements under the PRC civil Civil Procedures Law, provided that a PRC court does not find the judgment in violation with the basic principal of PRC law or national sovereignty, security and rules of civil procedurespublic interest. It is not necessary for such recognition and enforcement that this Agreement, the Transaction DocumentsDeposit Agreement, the Registration Statement, the General Disclosure PackageTime of Sale Prospectus, the Final Prospectus or any other document be filed or recorded with any court or other authority in the Cayman Islands or the PRC. The Company is not aware of any reason why the enforcement in the Cayman Islands or the PRC of such a New York Court judgment would be, as of the date hereof, contrary to public policy of the Cayman Islands or PRC.

Enforceability of Judgment. Except as disclosed in the General Disclosure PackageRegistration Statement, the Time of Sale Prospectus and the Prospectus, any final judgment for a fixed or readily calculable sum of money rendered by a New York Court having jurisdiction under its own domestic laws in respect of any suit, action or proceeding against the Company based upon this Agreement or the Transaction Documents Deposit Agreement and any instruments or agreements entered into for the consummation of the transactions contemplated herein and therein would be recognized and enforced by (Ai) Cayman Islands courts without re-examining the merits of the case under the common law doctrine of obligation; , provided that such judgment (iA) such judgments must be final and conclusive and for is given by a foreign court of competent jurisdiction, (B) imposes on the judgment debtor a liability to pay a liquidated sumsum for which the judgment has been given, (iiC) such judgments must is final judgment, (D) is not be in respect of taxes or taxes, a fine or a penalty; , and (iiiE) such judgments or was not obtained in a manner and is not of a kind the enforcement thereof are not of which is contrary to natural justice or the public policy of the Cayman Islands, (iv) such judgments were not obtained by fraudulent means and do not conflict with any other valid judgment in the same matter between the same parties and (iv) an action between the same parties in the same matter is not pending in any Cayman Islands court at the time the lawsuit is instituted in the foreign court; and (Bii) PRC courts, subject to compliance with relevant civil procedural requirements under the PRC civil Civil Procedures Law, provided that a PRC court does not find the judgment in violation with the basic principles of PRC law or national sovereignty, security and rules of civil procedurespublic interest. It is not necessary for such recognition and enforcement that this Agreement, the Transaction DocumentsDeposit Agreement, the Registration Statement, the General Disclosure PackageTime of Sale Prospectus, the Final Prospectus or any other document be filed or recorded with any court or other authority in the Cayman Islands or the PRC. The Company is not aware of any reason why the enforcement in the Cayman Islands or the PRC of such a New York Court judgment would be, as of the date hereof, contrary to public policy of the Cayman Islands or PRC.

Enforceability of Judgment. Except as disclosed described in the General Disclosure PackageTime of Sale Prospectus and the Prospectus, any final judgment for a fixed or readily calculable sum of money rendered by a New York Court having jurisdiction under its own domestic laws in respect of any suit, action or proceeding against the Company based upon this Agreement or the Transaction Documents Deposit Agreement and any instruments or agreements entered into for the consummation of the transactions contemplated herein and therein would be recognized and enforced by (A) Cayman Islands courts enforceable against the Company, without re-examining examination or review of the merits of the case under cause of action in respect of which the common law doctrine original judgment was given or re-litigation of obligation; the matters adjudicated upon, by the courts of the Cayman Islands and PRC, provided that (i) with respect to courts of the Cayman Islands, (A) such judgments must be courts had proper jurisdiction over the parties subject to such judgment, (B) such judgement did not contravene the rules of natural justice of the Cayman Islands, (C) such judgment is final and conclusive was not obtained by fraud, and for a liquidated sum, (ii) such judgments must is not be in respect of taxes or taxes, a fine or a penalty; , (iiiD) such judgments or the enforcement thereof are of the judgment would not be contrary to natural justice or the public policy of the Cayman Islands, (ivE) such judgments were not obtained no new admissible evidence relevant to the action is submitted prior to the rendering of the judgment by fraudulent means and do not conflict with any other valid judgment in the same matter between courts of the same parties Cayman Islands, and (ivF) an action between there is due compliance with the same parties in correct procedures under the same matter is not pending in any laws of the Cayman Islands court at the time the lawsuit is instituted in the foreign court; Islands, and (Bii) PRC courtswith respect to courts of the PRC, any application or request for recognition and execution of such judgment is subject to compliance with relevant requirements under the PRC General Principle of Civil Law, the PRC Civil Procedures Law and the relevant civil law and rules procedural requirements in the PRC relating to the enforceability of civil proceduresjudgments rendered by courts outside the PRC. It The Company is not necessary that aware of any reason why the Transaction Documents, the Registration Statement, the General Disclosure Package, the Final Prospectus or any other document be filed or recorded with any court or other authority enforcement in the Cayman Islands or the PRC of such a New York Court judgment would be, as of the date hereof, contrary to public policy of the Cayman Islands or PRC.

Enforceability of Judgment. Except as disclosed in the General Disclosure Package, any Any final judgment for a fixed or readily calculable sum of money rendered by a New York Court having jurisdiction under its own domestic laws in respect of any suit, action or proceeding against the Company based upon this Agreement or the Transaction Documents Deposit Agreement and any instruments or agreements entered into for the consummation of the transactions contemplated herein and therein would be recognized and enforced by (A) Cayman Islands courts enforceable against the Company, without re-examining examination or review of the merits of the case under cause of action in respect of which the common law doctrine original judgment was given or re-litigation of obligation; the matters adjudicated upon, by the courts of the Cayman Islands and PRC, provided that (i) with respect to courts of the Cayman Islands, (A) such judgments must be courts had proper jurisdiction over the parties subject to such judgment, (B) such judgement did not contravene the rules of natural justice of the Cayman Islands, (C) such judgment is final and conclusive was not obtained by fraud, and for a liquidated sum, (ii) such judgments must is not be in respect of taxes or taxes, a fine or a penalty; , (iiiD) such judgments or the enforcement thereof are of the judgment would not be contrary to natural justice or the public policy of the Cayman Islands, (ivE) such judgments were not obtained no new admissible evidence relevant to the action is submitted prior to the rendering of the judgment by fraudulent means and do not conflict with any other valid judgment in the same matter between courts of the same parties Cayman Islands, and (ivF) an action between there is due compliance with the same parties in correct procedures under the same matter is not pending in any laws of the Cayman Islands court at the time the lawsuit is instituted in the foreign court; Islands, and (Bii) PRC courtswith respect to courts of the PRC, any application or request for recognition and execution of such judgment is subject to compliance with relevant requirements under the PRC civil law and rules of civil proceduresCivil Procedures Law. It The Company is not necessary that aware of any reason why the Transaction Documents, the Registration Statement, the General Disclosure Package, the Final Prospectus or any other document be filed or recorded with any court or other authority enforcement in the Cayman Islands or the PRC of such a New York Court judgment would be, as of the date hereof, contrary to public policy of the Cayman Islands or PRC.