Common use of Enforcement of Foreign Judgments Clause in Contracts

Enforcement of Foreign Judgments. Pursuant to the terms of this Agreement and the Deposit Agreement, the Company has agreed to submit to the jurisdiction of any New York state or federal court in the City of New York in which the relevant suit or proceeding may be instituted. The enforcement of foreign judgments will be recognized by the Argentine Courts provided that the requirements of Articles 517 through 519 of the Civil and Commercial Procedure Code (approved by Law No. 17,454, as amended) are met, as follows: (a) the judgment, which must be final in the jurisdiction where rendered, was issued by a court competent in accordance with Argentine laws regarding conflict of laws and jurisdiction and other principles and rules of international law and resulted from (i) a personal action or (ii) an in rem action with respect to property which was transferred to Argentina during or after the prosecution of the foreign action; (b) the defendant against whom enforcement of the judgment is sought was personally served with the summons, and in accordance with due process of law, was given an opportunity to defend against the foreign action; (c) the judgment must be valid in the jurisdiction where rendered and its authenticity must be established in accordance with the requirements of Argentine law; (d) the judgment does not violate the principles of public policy of Argentine law (including Argentine Law No. 24,871); and (e) the judgment is not contrary to a prior or simultaneous judgment of an Argentine court. In addition, (i) in respect of any document in a language other than Spanish (including, without limitation a foreign judgment and other documents related thereto), a duly legalized translation by a sworn public translator into the Spanish language shall be submitted to the relevant court, (ii) the filing of claims with the Argentine judicial system shall be subject to the payment of a court tax to be paid by the person filing a claim and which tax rates vary from one jurisdiction to another (the current court tax in the courts sitting in the City of Buenos Aires is levied at a rate of 3% of the amount claimed in conformity with Article 2 of Argentine Law No. 23,898, and (iii) pursuant to Argentine Law No. 26,589, as amended, certain mediation procedures must be exhausted prior to the initiation of lawsuits in Argentina (with the exception, among others, of bankruptcy and executory proceedings, which executory proceedings include the enforcement of foreign judgments, in which case mediation procedures remain optional for the plaintiff).

Enforcement of Foreign Judgments. Pursuant Any final judgment for a fixed or determined sum of money rendered by any U.S. federal or New York state court located in the State of New York having jurisdiction under its own laws in respect of any suit, action or proceeding against such Selling Stockholder based upon this Agreement would be declared enforceable against such Selling Stockholder by the courts of Argentina, Uruguay and England, to the terms extent applicable to such Selling Stockholder, provided that for the enforceability of this Agreement and and/or any other Transaction Document before Argentine courts the Deposit Agreement, following requirements must be satisfied: (i) the Company has agreed to submit to the jurisdiction of any New York state or federal court original judgment shall fulfill all enforceability requirements in the City of New York in which the relevant suit or proceeding may be instituted. The enforcement of foreign judgments will be recognized by the Argentine Courts provided that the requirements of compliance with Articles 517 through 519 of the Law No. 17,454 (Argentine Code for Civil and Commercial Procedure Code (approved by Law No. 17,454Procedures), as amended) are met, as followsnamely that: (aA) the judgment, which must be final in the jurisdiction where rendered, was issued by a competent court competent in accordance with Argentine laws regarding conflict conflicts of laws and jurisdiction and other principles and rules of international law law, and resulted from (i) a personal action or (ii) an in rem action with respect to property personal property, as opposed to real property, which was transferred to Argentina during or after the prosecution of the foreign action; (bB) the defendant against whom enforcement of the judgment is sought was personally served with the summonssummons of the action and, and in accordance with due process of law, was given an opportunity to defend itself against the foreign action; (cC) the judgment must be valid in the jurisdiction where rendered and its authenticity must be established in accordance with the requirements of Argentine law; (dD) the judgment does not violate the principles of public policy of Argentine law (including Argentine Law No. 24,871); and (eE) the judgment is not contrary to a prior or simultaneous judgment of an Argentine court. In addition, ; (iii) in respect of any document in a language other than Spanish (including, without limitation a limitation, the foreign judgment and other documents related thereto), a duly legalized translation by a sworn public translator into the Spanish language shall be submitted to the relevant court, ; (iiiii) the filing of claims with the Argentine judicial system shall be subject to the payment of a court tax to be paid by the person filing a claim and which tax rates vary from one jurisdiction to another (the current court tax in the courts sitting in the City of Buenos Aires is levied at a rate of 3% of the amount claimed in conformity with Article 2 of Argentine Law No. 23,898, as amended); and (iiiiv) pursuant to Argentine Law No. 26,589, 26,589 (as amended), certain mediation procedures must be exhausted prior to the initiation of lawsuits in Argentina (with the exception, among others, of bankruptcy and executory proceedings, which executory proceedings include the enforcement of foreign judgments, in which case mediation procedures remain optional for the plaintiff).

Enforcement of Foreign Judgments. Pursuant to Any final judgment for a fixed or determined sum of money rendered by any U.S. federal or New York state court located in the terms State of New York having jurisdiction under its own laws in respect of any suit, action or proceeding against such Selling Shareholder based upon this Agreement would be declared enforceable against the Company by the courts of Argentina, provided that for the enforceability of this Agreement and and/or any other Transaction Document before Argentine courts the Deposit Agreement, following requirements must be satisfied: (i) the Company has agreed to submit to the jurisdiction of any New York state or federal court original judgment shall fulfill all enforceability requirements in the City of New York in which the relevant suit or proceeding may be instituted. The enforcement of foreign judgments will be recognized by the Argentine Courts provided that the requirements of compliance with Articles 517 through 519 of the Civil and Commercial Procedure Code (approved by Law No. 17,454, as amended) are metamended (Argentine Code for Civil and Commercial Procedures), as followsamended, namely that: (aA) the judgment, which must be final in the jurisdiction where rendered, was issued by a competent court competent in accordance with Argentine laws regarding conflict conflicts of laws and jurisdiction and other principles and rules of international law law, and resulted from (i) a personal action or (ii) an in rem action with respect to property personal property, as opposed to real property, which was transferred to Argentina during or after the prosecution of the foreign action; (bB) the defendant against whom enforcement of the judgment is sought was personally served with the summonssummons of the action and, and in accordance with due process of law, was given an opportunity to defend itself against the foreign action; (cC) the judgment must be valid in the jurisdiction where rendered and its authenticity must be established in accordance with the requirements of Argentine law; (dD) the judgment does not violate the principles of public policy of Argentine law (including Argentine Law No. 24,871); and (eE) the judgment is not contrary to a prior or simultaneous judgment of an Argentine court. In addition, ; (iii) in respect of any document in a language other than Spanish (including, without limitation a limitation, the foreign judgment and other documents related thereto), a duly legalized translation by a sworn public translator into the Spanish language shall be submitted to the relevant court, ; (iiiii) the filing of claims with the Argentine judicial system shall be subject to the payment of a court tax to be paid by the person filing a claim and which tax rates vary from one jurisdiction to another (the current court tax in the courts sitting in the City of Buenos Aires is levied at a rate of 3% of the amount claimed in conformity with Article 2 of Argentine Law No. 23,898, as amended); and (iiiiv) pursuant to Argentine Law No. 26,589, 26,589 (as amended), certain mediation procedures must be exhausted prior to the initiation of lawsuits in Argentina (with the exception, among others, of bankruptcy and executory proceedings, which executory proceedings include the enforcement of foreign judgments, in which case mediation procedures remain optional for the plaintiff).

Enforcement of Foreign Judgments. Pursuant to the terms Any final judgment for a fixed or determined sum of this Agreement and the Deposit Agreement, the Company has agreed to submit to the jurisdiction of money rendered by any U.S. federal or New York state or federal court located in the City State of New York having jurisdiction under its own laws in which the relevant suit respect of any suit, action or proceeding may against the Company based upon any of the Transaction Documents would be instituted. The enforcement of foreign judgments will be recognized declared enforceable against the Company by the courts of Argentina, without reconsideration or reexamination of the merits, provided that, for the enforceability of any Transaction Document before Argentine Courts provided that courts, the following requirements of must be satisfied: (i) the original judgment shall fulfill all enforceability requirements in compliance with Articles 517 through 519 of the Argentine Law No. 17,454 (Argentine Code for Civil and Commercial Procedure Code (approved by Law No. 17,454Procedures), as amended) are met, as followsnamely that: (aA) the judgment, which must be final in the jurisdiction where rendered, was issued by a competent court competent in accordance with Argentine laws regarding conflict conflicts of laws and jurisdiction and other principles and rules of international law law, and resulted from (i) a personal action or (ii) an in rem action with respect to property personal property, as opposed to real property, which was transferred to Argentina during or after the prosecution of the foreign action; (bB) the defendant against whom enforcement of the judgment is sought was personally served with the summonssummons of the action and, and in accordance with due process of law, was given an opportunity to defend itself against the foreign action; (cC) the judgment must be valid in the jurisdiction where rendered and its authenticity must be established in accordance with the requirements of Argentine law; (dD) the judgment does not violate the principles of public policy of Argentine law (including Argentine Law No. 24,871); and (eE) the judgment is not contrary to a prior or simultaneous judgment of an Argentine court. In addition, ; (iii) in respect of any document in a language other than Spanish (including, without limitation a limitation, the foreign judgment and other documents related thereto), a duly legalized translation by a sworn public translator into the Spanish language shall be submitted to the relevant court, ; (iiiii) the filing of claims with the Argentine judicial system shall be subject to the payment of a court tax to be paid by the person filing a claim and which tax rates vary from one jurisdiction to another (the current court tax in the courts sitting in the City of Buenos Aires is levied at a rate of 3% of the amount claimed in conformity with Article 2 of Argentine Law No. 23,898, as amended); and (iiiiv) pursuant to Argentine Law No. 26,589, 26,589 (as amended), certain mediation procedures must be exhausted prior to the initiation of lawsuits in Argentina (with the exception, among others, of bankruptcy and executory proceedings, which executory proceedings include the enforcement of foreign judgments, in which case mediation procedures remain optional for the plaintiff).

Enforcement of Foreign Judgments. Pursuant to Any final judgment for a fixed or determined sum of money rendered by any U.S. federal or New York state court located in the terms State of New York having jurisdiction under its own laws in respect of any suit, action or proceeding against the Company based upon any of the Transaction Documents would be declared enforceable against the Company by the courts of Argentina, without reconsideration or reexamination of the merits, provided that for the enforceability of this Agreement and and/or any other Transaction Document before Argentine courts the Deposit Agreement, following requirements must be satisfied: (i) the Company has agreed to submit to the jurisdiction of any New York state or federal court original judgment shall fulfill all enforceability requirements in the City of New York in which the relevant suit or proceeding may be instituted. The enforcement of foreign judgments will be recognized by the Argentine Courts provided that the requirements of compliance with Articles 517 through 519 of the Civil and Commercial Procedure Code (approved by Argentine Law No. 17,454, as amended) are metamended (Argentine Code for Civil and Commercial Procedures), as followsamended, namely that: (aA) the judgment, which must be final in the jurisdiction where rendered, was issued by a competent court competent in accordance with Argentine laws regarding conflict conflicts of laws and jurisdiction and other principles and rules of international law law, and resulted from (i) a personal action or (ii) an in rem action with respect to property personal property, as opposed to real property, which was transferred to Argentina during or after the prosecution of the foreign action; (bB) the defendant against whom enforcement of the judgment is sought was personally served with the summonssummons of the action and, and in accordance with due process of law, was given an opportunity to defend itself against the foreign action; (cC) the judgment must be valid in the jurisdiction where rendered and its authenticity must be established in accordance with the requirements of Argentine law; (dD) the judgment does not violate the principles of public policy of Argentine law (including Argentine Law No. 24,871); and (eE) the judgment is not contrary to a prior or simultaneous judgment of an Argentine court. In addition, ; (iii) in respect of any document in a language other than Spanish (including, without limitation a limitation, the foreign judgment and other documents related thereto), a duly legalized translation by a sworn public translator into the Spanish language shall be submitted to the relevant court, ; (iiiii) the filing of claims with the Argentine judicial system shall be subject to the payment of a court tax to be paid by the person filing a claim and which tax rates vary from one jurisdiction to another (the current court tax in the courts sitting in the City of Buenos Aires is levied at a rate of 3% of the amount claimed in conformity with Article 2 of Argentine Law No. 23,898, as amended); and (iiiiv) pursuant to Argentine Law No. 26,589, 26,589 (as amended), certain mediation procedures must be exhausted prior to the initiation of lawsuits in Argentina (with the exception, among others, of bankruptcy and executory proceedings, which executory proceedings include the enforcement of foreign judgments, in which case mediation procedures remain optional for the plaintiff).