Common use of Enforceability of Judgments Clause in Contracts

Enforceability of Judgments. Each Subsidiary Guarantor not organized in the United States agrees, to the fullest extent that it lawfully may do so, that final judgment in any such suit, action or proceeding brought in a court in the United States shall be conclusive and binding upon it and may be enforced in the courts of its domicile or jurisdiction of organization (or any other courts to the jurisdiction of which the Guarantor is subject) by a suit upon such judgment, provided that service of process is effected upon such Subsidiary Guarantor, as applicable, in the manner specified in the foregoing paragraph or as otherwise permitted by law; provided, however, that such Subsidiary Guarantors do not waive, and the foregoing provisions of this sentence shall not constitute or be deemed to constitute a waiver of, (i) any right to appeal any such judgment, to seek any stay or otherwise to seek reconsideration or review of any such judgment, (ii) any stay of execution or levy pending an appeal from, or a suit, action or proceeding for reconsideration of, any such judgment, or (iii) any other right or remedy of any such Guarantor to the extent not expressly waived in accordance with this Section 11.12.

Appears in 2 contracts

Samples: Indenture (Portola Packaging Inc), Indenture (Portola Packaging, Inc. Mexico, S.A. De C.V.)

AutoNDA by SimpleDocs

Enforceability of Judgments. Each Subsidiary of the Company and each Guarantor not organized in the United States agrees, to the fullest extent that it lawfully may do so, that final judgment in any such suit, action or proceeding brought in a court in the United States shall be conclusive and binding upon it and may be enforced in the courts of its domicile or jurisdiction of organization Canada (or any other courts to the jurisdiction of which the Guarantor is subject) by a suit upon such judgment, provided that service of process is effected upon the Company or such Subsidiary Guarantor, as applicable, in the manner specified in the foregoing paragraph or as otherwise permitted by law; provided, however, that the Company and such Subsidiary Guarantors do not waive, and the foregoing provisions of this sentence shall not constitute or be deemed to constitute a waiver of, (i) any right to appeal any such judgment, to seek any stay or otherwise to seek reconsideration or review of any such judgment, (ii) any stay of execution or levy pending an appeal from, or a suit, action or proceeding for reconsideration of, any such judgment, or (iii) any other right or remedy of the Company or any such Guarantor to the extent not expressly waived in accordance with this Section 11.12.

Appears in 1 contract

Samples: Gerdau Usa Inc

AutoNDA by SimpleDocs

Enforceability of Judgments. Each Subsidiary of the Company and each non-U.S. Guarantor not organized in the United States agrees, to the fullest extent that it lawfully may do so, that final judgment in any such suit, action or proceeding brought in a court in the United States shall be conclusive and binding upon it and may be enforced in the courts of its domicile or jurisdiction of organization Canada (or any other courts to the jurisdiction of which the Guarantor is subject) by a suit upon such judgment, provided that service of process is effected upon the Company or such Subsidiary non-U.S. Guarantor, as applicable, in the manner specified in the foregoing paragraph or as otherwise permitted by law; provided, however, that such Subsidiary the Company and the non-U.S. Guarantors do not waive, and the foregoing provisions of this sentence shall not constitute or be deemed to constitute a waiver of, (i) any right to appeal any such judgment, to seek any stay or otherwise to seek reconsideration or review of any such judgment, (ii) any stay of execution or levy pending an appeal from, or a suit, action or proceeding for reconsideration of, any such judgment, or (iii) any other right or remedy of the Company or any such non-U.S. Guarantor to the extent not expressly waived in accordance with this Section 11.126(k).

Appears in 1 contract

Samples: Registration Rights Agreement (Gerdau Ameristeel Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!