English courts. The courts of England have exclusive jurisdiction to settle any dispute (a "Dispute"), arising out of or in connection with this Agreement (including a dispute relating to the existence, validity or termination of this Agreement or any non-contractual obligation arising out of or in connection with this Agreement) or the consequences of its nullity.
English courts. Each of the parties hereto irrevocably agrees for the benefit of the Agent, the Banks and the Security Trustee that the courts of England shall have jurisdiction to hear and determine any suit, action or proceeding, and to settle any disputes, which may arise out of or in connection with this Agreement and, for such purposes, irrevocably submits to the jurisdiction of such courts.
English courts. The courts of England have exclusive jurisdiction to settle any Dispute.
English courts. For the benefit of the Agent, each Arranger and each Bank, all the parties irrevocably agree that the High Court of Justice in England are to have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with this Agreement and that, accordingly, any legal action or proceedings arising out of or in connection with this Agreement (“Proceedings”) may be brought in that court and the Borrower irrevocably submits to the jurisdiction of such court.
English courts. Subject to Clause 16.5 (Rights of Agents to take proceedings outside England), in the event that notice pursuant to Clause 16.3 (Option to litigate) is issued, the Courts of England shall have exclusive jurisdiction to settle any Dispute. The Issuer and the Guarantor agree that the Courts of England are the most appropriate and convenient courts to settle any Dispute, submit to the exclusive jurisdiction of such courts, and accordingly no party will argue to the contrary.
English courts. Each of the Lender and the Borrower agrees that the courts of England shall have jurisdiction to hear and determine any suit, action or proceedings, and to settle any disputes, which arise out of or in connection with this Agreement (“Proceedings”) and, for such purposes, irrevocably submit to the jurisdiction of such courts.
English courts. Subject to the option exercisable by the Lender set out in Clause 25.6 (Arbitration):
English courts. Each party irrevocably agrees that any suit, legal action or proceedings (together in this Clause 20 referred to as "Proceedings") in connection with this Agreement may be brought in the courts of England.
English courts. Subject to the option exercisable by the Lender set out in Clause 25.6 (Arbitration):
(a) each of the Lender and the Borrower agrees that the courts of England shall have non-exclusive jurisdiction to hear and determine any suit, action or proceedings, and to settle any Disputes, which arise out of or in connection with this Agreement (“Proceedings”) and, for such purposes, irrevocably submit to the jurisdiction of such courts; and
(b) each of the Lender and the Borrower irrevocably waives any objection which it might now or hereafter have to the jurisdiction of the courts of England to hear and determine any Proceedings and to settle any Disputes, and agrees not to claim that any such court is not the most convenient or appropriate forum.
English courts. English courts have taken a very different approach to French courts to optional agreements. This approach, which is well-established, 145 assumes that unilateral optional agreements are legitimate and therefore that they should be enforced.146 In most cases in which the issue has arisen, the English courts have held that the option holder’s entitlement to exercise its option prevails over the non-option holder’s rights. 147 Until recently, the non-option holder rarely challenged the clause on the basis of its optional nature. In the following subsections, we describe the leading decision of the English Court of Appeal, as well as several of the more prominent first instance decisions.
