Jurisdiction and Designation. The Company has the power to submit, and pursuant to Section 10.7 of this Agreement has, to the extent permitted by law, legally, validly, effectively and irrevocably submitted, to the jurisdiction of any New York State or United States Federal court sitting in The City of New York, Borough of Manhattan.
Jurisdiction and Designation. The Company has the power to submit, and pursuant to Section 10.7 of this Agreement has, to the extent permitted by law, legally, validly, effectively and irrevocably submitted, to the jurisdiction of any New York State or United States Federal court sitting in The City of New York, Borough of Manhattan, and has the power to designate, appoint and empower, and pursuant to Section 10.7 of this Agreement has legally, validly and effectively designated, appointed and empowered an agent for service of process in any suit or proceeding based on or arising under this Agreement in any New York State or United States Federal court sitting in The City of New York.
Jurisdiction and Designation. Except as disclosed under the caption “Notes Regarding Our Choice of British Virgin Islands and the Enforceability of Civil Liabilities” in the Registration Statement, the Statutory Prospectus and the Prospectus, any final judgment for a liquidated 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 the Company based upon this Agreement would be recognized and enforced against the Company by the courts of the British Virgin Islands, without reconsideration or reexamination of the merits of the underlying dispute, by an action commenced on the foreign judgment debt in the courts of the British Virgin Islands, provided that such judgment (i) was not obtained in a fraudulent manner, (ii) is not of a kind the enforcement of which is contrary to natural justice or the public policy of the British Virgin Islands, and (iii) is not in respect of penalties, taxes, fines or similar fiscal or revenue obligations of the Company. The choice of laws of the State of New York as the governing law of this Agreement is a valid choice of law under the laws of the British Virgin Islands and the courts of the British Virgin Islands will observe and give effect to such choice of law, subject to the restrictions described under the caption “Notes Regarding Our Choice of British Virgin Islands and the Enforceability of Civil Liabilities” in the Registration Statement, the Statutory Prospectus and the Prospectus. The Company has the power to submit, and pursuant to Section 10.7 of this Agreement, has legally, validly, effectively and irrevocably submitted, to the personal jurisdiction of each New York state and United States federal court sitting in the Borough of Manhattan in the City of New York and has validly and irrevocably waived any objection to the laying of venue of any suit, action or proceeding brought in such court.
Jurisdiction and Designation. The Company has the power to submit, and pursuant to Section 9.7 of this Agreement has, to the extent permitted by law, legally, validly, effectively and irrevocably submitted, to the jurisdiction of any New York State or United States Federal court sitting in The City of New York, Borough of Manhattan, has validly and irrevocably waived any objection to the laying of venue of any suit, action or proceeding brought in such court, and has the power to designate, appoint and empower, and pursuant to Section 9.7 of this Agreement has legally, validly and effectively designated, appointed and empowered an agent for service of process in any suit or proceeding based on or arising under this Agreement in any New York State or United States Federal court sitting in The City of New York. To the Company’s knowledge, except as disclosed under the caption “Certain Differences in Corporate Law-Enforcement of civil liabilities” in the Registration Statement and the Prospectus, any final judgment for a liquidated 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 the Company based upon this Agreement would be recognized and enforced against the Company by the courts of the Cayman Islands, without reconsideration or reexamination of the merits of the underlying dispute, by an action commenced on the foreign judgment debt in the courts of the Cayman Islands, provided that such judgment (i) cannot be impeached on the ground of fraud, (ii) is not of a kind the enforcement of which is contrary to natural justice or the public policy of the Cayman Islands, and (iii) is not in respect of penalties, taxes, fines or similar fiscal or revenue obligations of the Company. To the Company’s knowledge, the choice of laws of the State of New York as the governing law of this Agreement is a valid choice of law under the laws of the Cayman Islands and the courts of the Cayman Islands will observe and give effect to such choice of law.
