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 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 Registration Statement, General Disclosure PackagePackage and 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 (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 adequate service of process has been effected and the defendant has had a reasonable opportunity to be final and conclusive and for a liquidated sumheard, (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 the law, public policy, security or public policy sovereignty of the Cayman Islands, (iviii) 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 parties, (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 courtcourt and (v) is not in respect of taxes, a fine or a penalty; and (B) PRC courts, subject to compliance with relevant requirements under the PRC civil 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 rules of civil procedurespublic interest. 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.