Enforcement of Judgments. Subject to the conditions and qualifications set forth in the Registration Statement and the Prospectus, a final and conclusive judgment against the Company for a definitive sum of money entered by any court in the United States may be enforced by an Israeli court.
Enforcement of Judgments. Reimburse Lender for all costs and expenses, including attorneys' fees, which Lender incurs in enforcing any judgment rendered in connection with this Agreement. This provision is severable from all other provisions hereof and shall survive, and not be deemed merged into, such judgment.
Enforcement of Judgments. A judgment granted by a foreign court against the Partnership may be recognized in the Republic of The Xxxxxxxx Islands, so long as the foreign judgment grants or denies recovery of a sum of money, and is final and conclusive and enforceable where rendered even though an appeal therefrom is pending, or subject to appeal. A foreign judgment is not conclusive if: (A) the judgment was rendered under a system which does not provide impartial tribunals or procedures compatible with the requirements of due process of law, (B) the foreign court did not have personal jurisdiction over the defendant, (C) the foreign court did not have jurisdiction over the subject matter, or (D) the foreign court does not recognize or enforce the judgments of any other foreign nation. A foreign judgment need not be recognized if: (A) the defendant in the proceedings in the foreign court did not receive notice of the proceedings in sufficient time to enable him to defend, (B) the judgment was obtained by fraud, (C), the cause of action on which the judgment is based is repugnant to the public policy of the Republic of The Xxxxxxxx Islands, (D) the judgment conflicts with another final and conclusive judgment, (E) the proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be settled otherwise than by proceedings in the court, or (F) in the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action.
Enforcement of Judgments. Under the laws of the Cayman Islands, the courts of the Cayman Islands will recognize and give effect to the choice of law provisions set forth in Section 4.2 hereof and would recognize and enforce a final and conclusive judgment in personam obtained in any U.S. court against the Company to enforce this Agreement under which a sum of money is payable (other than a sum of money payable in respect of multiple damages, taxes or other charges of a like nature or in respect of a fine or other penalty) without any re-examination of the merits of the underlying dispute, provided that (i) such court had proper jurisdiction over the parties subject to such judgment; (ii) such court did not contravene the rules of natural justice of the Cayman Islands; (iii) such judgment was not obtained by fraud; (iv) the enforcement of the judgment would not be contrary to the public policy of the Cayman Islands; (v) such judgment imposes on the judgment debtor a liability to pay a liquidated sum for which the judgment has been given; and (vi) there is due compliance with the correct procedures under the laws of the Cayman Islands. Except as described in the Relevant Public Filings, under the laws of the PRC, the choice of law provisions set forth in Section 15 hereof will be recognized by the courts of the PRC and any final and conclusive judgment obtained in any Specified Court (as defined below) arising out of or in relation to the obligations of the Company under this Agreement would be recognized in PRC courts if and only if all procedural and substantive requirements under Article 282 of the PRC Civil Procedure Law and other relevant rules and regulations thereunder as applicable to the said judgment are determined by such court to have been satisfied.
Enforcement of Judgments. A final, non-appealable judgment granted by a foreign court against the Partnership Parties would be enforceable in the courts of the Republic of the Xxxxxxxx Islands without a retrial of the merits of the matter provided that:
(a) the judgment was for a sum of money and was final in the jurisdiction granting the judgment;
(b) the court granting the judgment had jurisdiction under the laws of the place where it sat and the judgment did not offend principles of the Republic of the Xxxxxxxx Islands as to due process, propriety or public order; and
(c) the defendant was actually present in person or by duly appointed representative, and the judgment did not constitute in effect a default judgment; In rendering such opinion, such counsel may (A) rely in respect of matters of fact upon certificates of officers and employees of the Partnership Entities and upon information obtained from public officials, (B) assume that all documents submitted to them as originals are authentic, that all copies submitted to them conform to the originals thereof, and that the signatures on all documents examined by them are genuine, and (C) state that their opinion is limited to the laws of the Republic of Liberia and the Republic of The Xxxxxxxx Islands.
(i) The Registration Statement has become effective under the Act; any required filing of the Prospectus, and any supplements thereto, pursuant to Rule 424(b) has been made in the manner and within the time period required by Rule 424(b) (excluding the effect of Rule 424(b)(8)); to such counsel’s knowledge, no stop order suspending the effectiveness of the Registration Statement or any notice objecting to its use has been issued and no proceedings for that purpose have been instituted or threatened by the Commission.
(ii) The Registration Statement, on the Effective Date, and the Prospectus, when filed with the Commission pursuant to Rule 424(b) and on the date hereof, appeared, on their face to be appropriately responsive, in all material respects, to the requirements of the Act, except that in each case such counsel expresses no opinion with respect to the financial statements and related schedules (including the notes and schedules thereto and the auditors’ reports thereon), and any other financial or accounting data contained in or omitted from the Registration Statement or the Prospectus.
(iii) To the knowledge of such counsel, other than as set forth in the Partnership Agreement, there are no contracts, agreements or under...
Enforcement of Judgments. A judgment granted by a foreign court against the Company may be enforced in the Republic of The Xxxxxxxx Islands without a retrial on the merits of the matter provided that: (i) the judgment is for a sum of money and is final in the jurisdiction granting the judgment; (ii) the court granting the judgment had jurisdiction under the laws of the place where it sat and the judgment does not offend principles of the Republic of The Xxxxxxxx Islands as to due process, propriety or public order, and (iii) the defendant was actually present in person or by a duly appointed representative and the judgment does not constitute in effect a default judgment. In rendering such opinion, such counsel may (A) rely in respect of matters of fact upon certificates of officers and employees of the Teekay Entities and upon information obtained from public officials, (B) assume that all documents submitted to them as originals are authentic, that all copies submitted to them conform to the originals thereof, and that the signatures on all documents examined by them are genuine, (C) state that their opinion is limited to Federal laws, the laws of the State of New York and the laws of the Republic of The Xxxxxxxx Islands, (D) state that they express no opinion with respect to the title of any of the Teekay Entities to any of their respective real or personal property purported to be transferred by the Contribution Documents nor with respect to the accuracy or descriptions of real or personal property. References to the Final Prospectus in this paragraph (c) shall also include any supplements thereto at the Closing Date.
Enforcement of Judgments. A judgment granted by a foreign court against the Partnership may be enforced in the Republic of The Mxxxxxxx Islands without a retrial on the merits of the matter provided that: (i) the judgment is for a sum of money and is final in the jurisdiction granting the judgment; (ii) the court granting the judgment had jurisdiction under the laws of the place where it sat and the judgment does not offend principles of the Republic of The Mxxxxxxx Islands as to due process, propriety or public order, and (iii) the defendant was actually present in person or by a duly appointed representative and the judgment does not constitute in effect a default judgment. In rendering such opinion, such counsel may (A) rely in respect of matters of fact upon certificates of officers and employees of the Teekay Entities and upon information obtained from public officials, (B) assume that all documents submitted to them as originals are authentic, that all copies submitted to them conform to the originals thereof, and that the signatures on all documents examined by them are genuine, (C) state that their opinion is limited to the laws of The Republic of the Mxxxxxxx Islands and United States federal law.
Enforcement of Judgments. Any final and conclusive monetary judgment obtained against such Selling Shareholder in the courts of New York in respect of this Agreement or the Custody Agreement, for a definite sum, may be treated by the courts of such jurisdiction as a cause of action in itself so that no retrial of the issues would be necessary.
Enforcement of Judgments. Any final and conclusive monetary judgment for a definite sum obtained against the Company in a New York Court in respect of this Agreement would be treated by the courts of the Cayman Islands as a cause of action in itself and sued upon as a debt at common law so that no retrial of the issues would be necessary; provided that (A) the New York Court had jurisdiction in the matter and the Company either submitted to such jurisdiction or was resident or carrying on business within such jurisdiction and was duly served with process; (B) the judgment given by the New York Court was not in respect of penalties, fines, taxes or similar fiscal or revenue obligations; (C) in obtaining judgment there was no fraud on the part of the person in whose favour judgment was given or on the part of the New York Court; (D) recognition or enforcement in the Cayman Islands would not be contrary to public policy; and (E) the proceedings pursuant to which judgment was obtained were not contrary to the principles of natural justice.
Enforcement of Judgments. A final and conclusive judgment in respect of the Underwriting Agreement obtained against the Companies in the federal courts of the United States of America located in the City and County of New York or courts of the State of New York would be recognised and enforced by Luxembourg courts subject to the applicable enforcement procedure (exequatur). Pursuant to Luxembourg case law, the granting of exequatur is subject to the following requirements:
(a) the foreign court order must be enforceable in the country of origin,
(b) the court of origin must have had jurisdiction both according to its own laws and to the Luxembourg conflict of jurisdictions rules,
(c) the foreign procedure must have been regular according to the laws of the country of origin,
(d) the foreign decision must not violate the rights of defense,
