Immunity from Judicial Proceedings Sample Clauses

Immunity from Judicial Proceedings. 1. The Bank shall enjoy immunity from every form of legal process, except in cases arising out of or in connection with the exercise of its powers to raise funds, through borrowings or other means, to guarantee obligations, or to buy and sell or underwrite the sale of securities, in which cases actions may be brought against the Bank only in a court of competent jurisdiction in the territory of a country in which the Bank has an office, or has appointed an agent for the purpose of accepting service or notice of process, or has issued or guaranteed securities. 2. Notwithstanding the provisions of paragraph 1 of this Article, no action shall be brought against the Bank by any member, or by any agency or instrumentality of a member, or by any entity or person directly or indirectly acting for or deriving claims from a member or from any agency or instrumentality of a member. Members shall have recourse to such special procedures for the settlement of controversies between the Bank and its members as may be prescribed in this Agreement, in the by-laws and regulations of the Bank, or in the contracts entered into with the Bank. 3. Property and assets of the Bank shall, wheresoever located and by whomsoever held, be immune from all forms of seizure, attachment or execution before the delivery of final judgment against the Bank.
Sample 1Sample 2Sample 3See All (14)
AutoNDA by SimpleDocs
Immunity from Judicial Proceedings. 1. The Bank shall enjoy immunity from every legal process except in cases arising out of or in connection with the exercise of its powers to borrow money, to guarantee obligations, or to buy and sell or underwrite the sale of securities, in which cases actions may be brought against the Bank in a court of competent jurisdiction in the territory of the BSEC Participating State in which the Bank has its Headquarters or in any country where the Bank has appointed an agent for the purpose of accepting service or notice of process or has issued or guaranteed securities. 2. Notwithstanding the provisions of Paragraph 1 of this Article, no action shall be brought against the Bank by any Member, or by any agency or instrumentality of a Member, or any entity or person directly or indirectly acting for or deriving claims from a Member, or from any agency or instrumentality of the Member. Members shall have recourse to such special procedures for the settlement of controversies between the Bank and its Members as may be prescribed in this Agreement, in the by-laws and regulations of the Bank, or in contracts entered into with the Bank. 3. Property and assets of the Bank shall, wheresoever located and by whomsoever held, be immune from all forms of seizure, attachment or execution before the delivery of final judgment against the Bank.
Sample 1Sample 2
Immunity from Judicial Proceedings. 1. The Bank shall enjoy immunity from every form of legal process, except that the immunity of the Bank shall not apply: (a) to the extent that the Bank shall have expressly waived any such immunity in any particular case or in any written document; (b) in respect of a civil action arising out of or in connection with its powers to raise funds, through borrowings or other means, to guarantee obligations, or to buy and sell or underwrite the sale of securities; (c) in respect of the enforcement of an arbitration award made against the Bank as a result of an express submission to arbitration by or on behalf of the Bank; (d) in respect of a civil action brought by a third party for damages arising from an accident in the People’s Republic of China caused by a vehicle belonging to the Bank or operated on its behalf; or (e) in respect of any counter-claim directly connected with court proceedings initiated by the Bank. 2. Notwithstanding the provisions of paragraph 1 of this Article, no action shall be brought against the Bank by the Government, or by any agency or instrumentality of the Government, or by any entity or person directly or indirectly acting for or deriving claims from the Government or from any agency or instrumentality of the Government. The Government shall have recourse to such special procedures for the settlement of controversies between the Bank and its members as may be prescribed in the Articles of Agreement of the Bank, in the by-Laws and regulations of the Bank or in contracts entered into with the Bank. 3. The property and assets of the Bank, wheresoever located and by whomsoever held, shall be immune from all forms of restraint, seizure, attachment or execution except upon the delivery of final judgment against the Bank.
Sample 1Sample 2
Immunity from Judicial Proceedings. 1. The Fund shall enjoy immunity from every form of legal process, except in cases arising out of or in connection with the exercise of its powers to borrow money, to guarantee obligations or to buy and sell or underwrite the sale of securities, in which cases actions may be brought against the Fund in a court of competent jurisdiction in the territory of a country in which the Fund has its principal or a branch office, or has appointed དགོས་དོན། མ་དངུལ་ཡིག་ཚང་འདི་གིས་དགོས་དོན་ཚུ་ དོན་སྨིན་ཅན་སྦེ་འགྲུབ་ཚུགས་ནི་དང་ འགན་ཁག་ཕོག་པའི་བྱ་སྒོ་ཚུ་ ལག་ལེན་ འཐབ་ནིའི་དོན་ལས་ གནས་འབབ་དང་ ཁེ་དབང་ཡངས་ཆག་ དེ་ལས་ བཀག་ཆ་འཁོད་ཡོད་མི་འདི་ འབྲུག་རྒྱལ་ཁབ་ཀྱི་ ཁྱབ་དབང་ནང་འཁོད་ཀྱི་ མ་དངུལ་ཡིག་ཚང་གི་དོན་ལུ་ཡོད། མ་དངུལ་ཡིག་ཚང་འདི་གིས་ དམིགས་བསལ་དུ་གཤམ་འཁོད་ཀྱི་ཁྲིམས་དོན་ཚུ་དང་འཁྲིལ་ འབད་ཆོགཔ་དེ་ཡང་། (ཀ) ཁ་འབག་གན་འཛིན་དང་། (ཁ) འགུལ་སྤོད་ཀྱི་ཅ་ཆས་མཁོ་སྒྲུབ་དང་བཀོག་ནི། (ག) མ་དངུལ་ཡིག་ཚང་གིས་དགོས་དོན་ཚུ་ དོན་སྨིན་ཅན་སྦེ་འགྲུབ་ནིའི་ནང་དགོས་མཁོ་འཐོན་ཚེ་ ས་གཞི་དང་ གཞན་ འགུལ་མེད་ཀྱི་ཅ་ཆས་མཁོ་སྒྲུབ་འབད་ནི་དང་བཀོག་ནི་ དེ་ལས་ མ་དངུལ་ཡིག་ཚང་འདི་གི་བྱ་སྒོ་ཚུ་ འབྲུག་གཞུང་ གི་ཁྲིམས་ལུགས་དང་འཁྲིལ་ཏེ་འཐབ་དགོ། (ང) ཁྲིམས་མཐུན་གྱི་བྱ་རིམ་གཞི་བཙུགས་འབད་ནི། ༡. མ་དངུལ་ཡིག་ཚང་གིས་དབང་ཚད་ཏི་རུ་བསྐྱི་ནི་ འགན་ལེན་གྱི་ཁས་ལེན་འགན་སྤོད་ཕོག་ལམ་ ཡང་ན་ ཉོ་བཙོང་ ཡང་ན་ ཉེན་འགན་ལེན་ནི་ཚོང་སྒྱུར་ལས་ རྩོད་རྙོག་འབྱུང་པ་ཅིན་ མ་དངུལ་ཡིག་ཚང་གི་གཙོ་བོ་ ཡང་ན་ ཞབས་ ཏོག་བྱིན་ནི་དོན་ལུ་ བསྐོ་བཞག་འབད་བའི་ངོ་ཚབ་ཚུ་ གཞི་བཙུགས་ཡོད་པའི་རྒྱལ་ཁབ་ནང་གི་ཁྲིམས་ཀྱི་འདུན་ས་ an agent for the purpose of accepting service or notice of process, or has issued or guaranteed securities. 2. Notwithstanding the provisions of paragraph 1 of this Article, no action shall be brought against the Fund by the Kingdom of Bhutan, or by any agency or instrumentality of the Kingdom of Bhutan, or by any entity or person directly or indirectly acting for or deriving claims from the Kingdom of Bhutan or from any agency or instrumentality of the Kingdom of Bhutan. 3. Property of the Fund shall, wheresoever located and by whomsoever held, be immune from all forms of seizure, attachment or execution before the delivery of final judgment against the Fund.
Sample 1
Immunity from Judicial Proceedings. 1. Within the scope of its Official Activities the Bank shall enjoy immunity from jurisdiction, except that the immunity of the Bank shall not apply: a) to the extent that the Bank shall have expressly waived any such immunity in any particular case or in any written document; b) in respect of civil action arising out of the exercise of its powers to borrow money, to guarantee obligations and to buy or sell or underwrite the sale of any securities; c) in respect of a civil action by a third party for damage arising from a road traffic accident caused by a Person Connected with the Bank, acting on behalf of the Bank; d) in respect of a civil action relating to death or personal injury caused by an act or omission, in the Hellenic Republic, of the Bank or a Person Connected with the Bank; e) in respect of the enforcement of an arbitration award made against the Bank as a result of an express submission to arbitration by the Bank; or f) in respect of any counter-claim directly connected with court proceedings initiated by the Bank. 2. The property and assets of the Bank shall, wheresoever located and by whomsoever held, be immune from all forms of restraint, seizure, attachment or execution except upon the delivery of final judgement against the Bank.
Sample 1

Related to Immunity from Judicial Proceedings

  • Judicial Proceedings (a) The Teekay Parties irrevocably (i) agree that any legal suit, action or proceeding against the Teekay Parties arising out of or based upon this Agreement, the transactions contemplated hereby or alleged violations of the securities laws of the United States or any state in the United States may be instituted in any New York court, (ii) waive, to the fullest extent it may effectively do so, any objection which it may now or hereafter have to the laying of venue of any such proceeding in any New York court and (iii) submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. Each of the Teekay Parties has appointed Xxxxxx, Xxxxxx & Xxxxxxxx, New York, New York, as its authorized agent (the “Authorized Agent”), upon whom process may be served in any such action arising out of or based on this Agreement, the transactions contemplated hereby or any alleged violation of the securities laws of the United States or any state in the United States which may be instituted in any New York court, expressly consents to the jurisdiction of any such court in respect of any such action, and waives any other requirements of or objections to personal jurisdiction with respect thereto. Such appointment shall be irrevocable. The Teekay Parties represent and warrant that the Authorized Agent has agreed to act as such agent for service of process and agrees to take any and all action, including the filing of any and all documents and instruments, that may be necessary to continue such appointment in full force and effect as aforesaid. Service of process upon the Authorized Agent and written notice of such service to the Teekay Parties shall be deemed, in every respect, effective service of process upon the Teekay Parties. (b) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in the City of New York on the business day proceeding that on which final judgment is given. The obligations of the Teekay Parties in respect of any sum due from it to the Underwriters shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day, following receipt by the Underwriters of any sum adjudged to be so due in such other currency, on which (and only to the extent that) the Underwriters may in accordance with normal banking procedures purchase United States dollars with such other currency; if the United States dollars so purchased are less than the sum originally due to the Underwriters hereunder, the Teekay Parties agree, as a separate obligation and notwithstanding any such judgment, that the party responsible for such judgment shall indemnify the Underwriters against such loss. If the United States dollars so purchased are greater than the sum originally due to the Underwriters hereunder, the Underwriters agree to pay to the Teekay Parties an amount equal to the excess of the dollars so purchased over the sum originally due to the Underwriters hereunder.

  • Waivers and Judicial Proceedings 36 10.1 Waivers............................................................................... 36 10.2 Delay; No Waiver of Defaults.......................................................... 36 10.3

  • Judicial Actions Issuance of a notice of Lien, levy, assessment, injunction or attachment against any Borrower’s Inventory or Receivables or against a material portion of any Borrower’s other property which is not stayed or lifted within thirty (30) days;

  • Defense of Proceedings The Company will be entitled to participate, at its own expense, in any Proceeding which may be subject to indemnification or advancement of Expenses covered hereunder of which it has notice, and the Company will be entitled to assume the defense of the Indemnified Parties therein, with counsel reasonably satisfactory to the Indemnitee; provided, however, that the Company shall not be entitled to assume the defense of the Indemnified Parties in any Proceeding if the Indemnitee has reasonably concluded that there may be a conflict of interest between the Company and the Indemnified Parties with respect to such Proceeding. The Indemnitee shall have the right to employ his own counsel in any such Proceeding, but the fees and expenses of such counsel incurred after notice from the Company of its assumption of the defense thereof shall be at the expense of the Indemnitee unless (i) the employment of separate counsel by the Indemnitee (and the Company’s payment of the expenses of such counsel) has been authorized by the Company; (ii) there may be one or more defenses or claims available to the Indemnitee that are different from or additional to those available to the Company; (iii) Indemnitee has reasonably concluded that there may be a conflict of interest between the Company and the Indemnified Parties with respect to such Proceeding or (iv) the Company shall not in fact have employed counsel to assume the defense of the Indemnitee in such Proceeding after being provided notice thereof, such counsel shall not in fact have assumed such defense or such counsel shall not be acting, in connection therewith, with reasonable diligence; it being understood that in the case of any of the foregoing clauses (i), (ii) or (iii) the fees and expenses of the Indemnitee’s counsel shall be advanced by the Company in accordance with this Agreement.

  • Criminal Proceedings Any criminal complaint, indictment or criminal proceedings;

  • Notification and Defense of Proceeding Promptly after receipt by the Indemnitee of notice of any Proceeding, the Indemnitee shall, if a request for indemnification or an advancement of Expenses in respect thereof is to be made against the Company under this Agreement, notify the Company in writing of the commencement thereof; but the omission so to notify the Company shall not relieve it from any liability that it may have to the Indemnitee. Notwithstanding any other provision of this Agreement, with respect to any such Proceeding of which the Indemnitee notifies the Company: (a) The Company shall be entitled to participate therein at its own expense; (b) Except as otherwise provided in this Section 15(b), to the extent that it may wish, the Company, jointly with any other indemnifying party similarly notified, shall be entitled to assume the defense thereof, with counsel satisfactory to the Indemnitee. After notice from the Company to the Indemnitee of its election so to assume the defense thereof, the Company shall not be liable to the Indemnitee under this Agreement for any expenses of counsel subsequently incurred by the Indemnitee in connection with the defense thereof except as otherwise provided below. The Indemnitee shall have the right to employ the Indemnitee’s own counsel in such Proceeding, but the fees and expenses of such counsel incurred after notice from the Company of its assumption of the defense thereof shall be at the expense of the Indemnitee unless (i) the employment of counsel by the Indemnitee has been authorized by the Company, (ii) the Indemnitee shall have reasonably concluded that there may be a conflict of interest between the Company and the Indemnitee in the conduct of the defense of such Proceeding, or (iii) the Company shall not within 60 calendar days of receipt of notice from the Indemnitee in fact have employed counsel to assume the defense of the Proceeding, in each of which cases the fees and expenses of the Indemnitee’s counsel shall be at the expense of the Company. The Company shall not be entitled to assume the defense of any Proceeding brought by or on behalf of the Company or as to which the Indemnitee shall have made the conclusion provided for in (ii) above; and (c) Notwithstanding any other provision of this Agreement, the Company shall not be liable to indemnify the Indemnitee under this Agreement for any amounts paid in settlement of any Proceeding effected without the Company’s written consent, or for any judicial or other award, if the Company was not given an opportunity, in accordance with this Section 15, to participate in the defense of such Proceeding. The Company shall not settle any Proceeding in any manner that would impose any penalty or limitation on or disclosure obligation with respect to the Indemnitee, or that would directly or indirectly constitute or impose any admission or acknowledgment of fault or culpability with respect to the Indemnitee, without the Indemnitee’s written consent. Neither the Company nor the Indemnitee shall unreasonably withhold its consent to any proposed settlement.

  • Limitation on Judicial Council 's Liability The Judicial Council will not be responsible for loss or damage to any non-Judicial Council equipment or property arising from causes beyond the Judicial Council's control. In any event, the Judicial Council's responsibility for repairs and liability for damages or loss shall be limited to that made necessary by or resulting from the negligent acts or omissions of the Judicial Council or its officers, employees, or agents. The Judicial Council will not be liable for any charges incurred in connection with this Program, or any Judicial Council activities, unless expressly provided for under this Agreement.

  • Governing Law; Injunctive Relief; Consent to Jurisdiction; Waiver of Trial by Jury 9.9.1 THIS AGREEMENT AND ANY NON-CONTRACTUAL OBLIGATIONS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK (WITHOUT REGARD TO ANY PRINCIPLES OF CONFLICTS OF LAW THAT WOULD HAVE THE EFFECT OF GIVING EFFECT TO THE LAWS OF ANOTHER JURISDICTION). 9.9.2 Each party acknowledges that it would be impossible to determine the amount of damages that would result from any breach of any of the provisions of this Agreement and that the remedy at Law for any breach, or threatened breach, of any of such provisions would likely be inadequate and, accordingly, agrees that each other party, in addition to any other rights or remedies which it may have, shall be entitled to seek such equitable and injunctive relief as may be available from any court of competent jurisdiction to compel specific performance of, or restrain any party from violating, any of such provisions. In connection with any action or Proceeding for equitable and injunctive relief permitted hereunder, each party hereby waives the claim or defense that a remedy at Law alone is adequate and, to the maximum extent permitted by Law, agrees to have each provision of this Agreement specifically enforced against it, without the necessity of posting bond or other security against it, and consents to the entry of equitable and injunctive relief against it enjoining or restraining any breach or threatened breach of such provisions of this Agreement. 9.9.3 Each of the parties hereto (i) consents to submit itself to the personal jurisdiction of the Federal District Court for the Southern District of New York or the courts of the State of New York sitting in the Borough of Manhattan in connection with any dispute that arises out of this Agreement or the Sale, (ii) agrees that it will not attempt to deny or defeat such personal jurisdiction by motion or other request for leave from any such court and (iii) agrees that it will not bring any action relating to this Agreement (or any other agreement contemplated hereby) in any court other than the Federal District Court for the Southern District of New York or the courts of the State of New York sitting in the Borough of Manhattan unless venue would not be proper under rules applicable in such courts. Notwithstanding the previous sentence, a party may commence any such action in a court other than the above-named courts solely for the purpose of enforcing an order or judgment issued by one of the above-named courts. 9.9.4 EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT (OR ANY OTHER AGREEMENT CONTEMPLATED HEREBY).

  • Judicial Action Beneficiary may bring an action in any court of competent jurisdiction to foreclose this instrument or to enforce any of the covenants and agreements hereof.

  • Litigation; Governmental Proceedings There is no action, suit, proceeding, inquiry, arbitration, investigation, litigation or governmental proceeding pending or, to the Company’s knowledge, threatened against, or involving the Company or, to the Company’s knowledge, any executive officer or director which has not been disclosed in the Registration Statement, the Pricing Disclosure Package and the Prospectus or in connection with the Company’s listing application for the listing of the Public Securities on the Exchange.

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