Common use of Enforceability of Judgment Clause in Contracts

Enforceability of Judgment. Except as disclosed in the Registration Statement, the Pricing Disclosure Package 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 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 (i) Cayman Islands courts without re-examining the merits of the case under the common law doctrine of obligation, provided that such judgment (A) is given by a foreign court of competent jurisdiction, (B) imposes on the judgment debtor a liability to pay a liquidated sum for which the judgment has been given, (C) is final judgment, (D) is not in respect of taxes, a fine or a penalty, and (E) was not obtained in a manner and is not of a kind the enforcement of which is contrary to natural justice or the public policy of the Cayman Islands, and (ii) PRC courts, subject to compliance with relevant civil procedural requirements under the PRC Civil Procedures Law. It is not necessary for such recognition and enforcement that this Agreement, the Deposit Agreement, the Registration Statement, the Pricing Disclosure Package, the 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 Registration Statement, the Pricing General Disclosure Package and the ProspectusPackage, 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 Deposit Agreement and any instruments or agreements entered into for the consummation of the transactions contemplated herein and therein Transaction Documents would be recognized and enforced by (iA) Cayman Islands courts without re-examining the merits of the case under the common law doctrine of obligation, ; provided that (i) such judgment (A) is given by judgments must be final and conclusive and for a foreign court of competent jurisdictionliquidated sum, (Bii) imposes on the judgment debtor a liability to pay a liquidated sum for which the judgment has been given, (C) is final judgment, (D) is such judgments must not be in respect of taxes, a taxes or fine or a penalty, and ; (Eiii) was not obtained in a manner and is not of a kind such judgments or the enforcement of which is thereof are not 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 (iiiv) 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 civil procedural requirements under the PRC Civil Procedures Lawcivil law and rules of civil procedures. It is not necessary for such recognition and enforcement that this Agreement, the Deposit AgreementTransaction Documents, the Registration Statement, the Pricing 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. 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 Registration Statement, the Pricing Disclosure Package 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 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 (i) Cayman Islands courts without re-examining the merits of the case under the common law doctrine of obligation, provided that such judgment (A) is given by a foreign court of competent jurisdiction, (B) imposes on the judgment debtor a liability to pay a liquidated sum for which the judgment has been given, (C) is final judgment, (D) is not in respect of taxes, a fine or a penalty, and (E) was not obtained in a manner and is not of a kind the enforcement of which is contrary to natural justice or the public policy of the Cayman Islands, and (ii) PRC courts, subject to compliance with relevant civil procedural requirements under the PRC Civil Procedures Law. It is not necessary for such recognition and enforcement that this Agreement, the Deposit Agreement, the Registration Statement, the Pricing Disclosure PackageTime of Sale Prospectus, the 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 Registration Statement, the Pricing General Disclosure Package and the Final 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 Deposit Agreement and any instruments or agreements entered into for the consummation of the transactions contemplated herein and therein Transaction Documents would be recognized and enforced by (iA) Cayman Islands courts without re-examining the merits of the case under the common law doctrine of obligation, ; provided that (i) adequate service of process has been effected and the defendant has had a reasonable opportunity to be heard, (ii) such judgments or the enforcement thereof are not contrary to the law, public policy, security or sovereignty of the Cayman Islands, (iii) 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, (Aiv) an action between the same parties in the same matter is given by a not pending in any Cayman Islands court at the time the lawsuit is instituted in the foreign court of competent jurisdiction, and (B) imposes on the judgment debtor a liability to pay a liquidated sum for which the judgment has been given, (C) is final judgment, (Dv) is not in respect of taxes, a fine or a penalty, ; and (E) was not obtained in a manner and is not of a kind the enforcement of which is contrary to natural justice or the public policy of the Cayman Islands, and (iiB) PRC courts, subject to compliance with relevant civil procedural requirements under the PRC Civil Procedures Law, provided that the PRC court does not find the judgment in violation with the basic principles of PRC law or national sovereignty, security and public interest. It is not necessary for such recognition and enforcement that this Agreement, the Deposit AgreementTransaction Documents, the Registration Statement, the Pricing 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. 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.