Jurisdiction and Process. In any action between or among any of the parties, whether arising out of this Agreement or otherwise, (a) each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in the Commonwealth of Pennsylvania, (b) if any such action is commenced in a state court, then, subject to applicable law, no party shall object to the removal of such action to any federal court located in the Commonwealth of Pennsylvania, (c) each of the parties irrevocably waives the right to trial by jury, and (d) each of the parties irrevocably consents to service of process by first class certified mail, return receipt requested, postage prepaid, to the address at which such party is to receive notice in accordance with Section 12.5, and the prevailing parties shall be entitled to recover their reasonable attorneys' fees and court costs from the other parties.
Appears in 3 contracts
Samples: Shareholders' Agreement (Healthaxis Inc), Shareholders' Agreement (Healthaxis Inc), Shareholders' Agreement (Healthaxis Inc)
Jurisdiction and Process. In any action between or among any of the parties, whether arising out of this Agreement or otherwise, (a) each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in the Commonwealth of Pennsylvania, (b) if any such action is commenced in a state court, then, subject to applicable law, no party shall object to the removal of such action to any federal court located in the Commonwealth of Pennsylvania, (c) each of the parties irrevocably waives the right to trial by jury, and (d) each of the parties irrevocably consents to service of process by first class certified mail, return receipt requested, postage prepaid, to the address at which such party is to receive notice in accordance with Section 12.55(b), and (e) the prevailing parties shall be entitled to recover their reasonable attorneys' fees and court costs from the other parties.
Appears in 3 contracts
Samples: Affiliate Agreement (Sungard Data Systems Inc), Affiliate Agreement (Sungard Data Systems Inc), Affiliate Agreement (Sungard Data Systems Inc)
Jurisdiction and Process. In any action between or among any of the parties, whether arising out of this Agreement or otherwise, (ai) each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in the Commonwealth of Pennsylvania, (bii) if any such action is commenced in a state court, then, subject to applicable law, no party shall object to the removal of such action to any federal court located in the Commonwealth of Pennsylvania, (ciii) each of the parties irrevocably waives the right to trial by jury, and (div) each of the parties irrevocably consents to service of process by first class certified mail, return receipt requested, postage prepaid, to the address at which such party is to receive notice in accordance with Section 12.58(b), and (v) the prevailing parties shall be entitled to recover their reasonable attorneys' fees and court costs from the other parties.
Appears in 2 contracts
Samples: Voting and Cooperation Agreement (Sungard Data Systems Inc), Voting and Cooperation Agreement (Sungard Data Systems Inc)
Jurisdiction and Process. In any action between or among any of the parties, whether arising out of this Agreement or otherwise, (a) each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in the Commonwealth of Pennsylvania, (b) if any such action is commenced in a state court, then, subject to applicable law, no party shall object to the removal of such action to any federal court located in the Commonwealth of Pennsylvania, (c) each of the parties irrevocably waives the right to trial by jury, and (d) each of the parties irrevocably consents to service of process by first class certified mail, return receipt requested, postage prepaid, to the address at which such party is to receive notice in accordance with Section 12.511.4, and the prevailing parties shall be entitled to recover their reasonable attorneys' fees and court costs from the other parties.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Creditrust Corp), Agreement and Plan of Merger (Nco Group Inc)
Jurisdiction and Process. In any action between or among any of the parties, whether arising out of this Agreement or otherwise, (a) each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in the Commonwealth of Pennsylvania, ; (b) if any such action is commenced in a state court, then, subject to applicable law, no party shall object to the removal of such action to any federal court located in the Commonwealth of Pennsylvania, ; (c) each of the parties irrevocably waives the right to trial by jury, and ; (d) each of the parties irrevocably consents to service of process by first class certified mail, return receipt requested, postage prepaid, to the address at which such party is to receive notice in accordance with Section 12.5, 9.1; and (e) the prevailing parties shall be entitled to recover their reasonable attorneys' attorney's fees (including, if applicable, charges for in-house counsel) and court costs from the other parties.
Appears in 2 contracts
Samples: Noncompetition and Standstill Agreement (Nco Group Inc), Noncompetition and Standstill Agreement (Nco Group Inc)
Jurisdiction and Process. In any action between or among any of the parties, whether arising out of this Agreement or otherwise, (a) each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in the Commonwealth of Pennsylvania, (b) if any such action is commenced in a state court, then, subject to applicable law, no party shall object to the removal of such action to any federal court located in the Commonwealth of Pennsylvania, (c) each of the parties irrevocably waives the right to trial by jury, and (d) each of the parties irrevocably consents to service of process by first class certified air mail, return receipt requested, postage prepaid, to the address at which such party is to receive notice in accordance with Section 12.55(b), and (e) the prevailing parties shall be entitled to recover their reasonable attorneys' fees and court costs from the other parties.
Appears in 2 contracts
Samples: Company Affiliate Agreement (Sungard Data Systems Inc), Affiliate Agreement (Sungard Data Systems Inc)
Jurisdiction and Process. In any action between or among any of the parties, whether arising out of this Agreement or otherwise, (a) each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in the Commonwealth of Pennsylvania, (b) if any such action is commenced in a state court, then, subject to applicable law, no party shall object to the removal of such action to any federal court located in the Commonwealth of Pennsylvania, (c) each of the parties irrevocably waives the right to trial by jury, and (d) each of the parties irrevocably consents to service of process by first class certified mail, return receipt requested, postage prepaid, to the address at which such party is to receive notice in accordance with Section 12.5, 10.4 and (e) the prevailing parties shall be entitled to recover their reasonable attorneys' fees and court costs from the other parties.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Nco Group Inc), Agreement and Plan of Merger (RMH Teleservices Inc)
Jurisdiction and Process. In any action between or among any of the parties, whether arising out of this Voting Agreement or otherwise, (ai) each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in the Commonwealth of Pennsylvania, (bii) if any such action is commenced in a state court, then, subject to applicable law, no party shall object to the removal of such action to any federal court located in the Commonwealth of Pennsylvania, (ciii) each of the parties irrevocably waives the right to trial by jury, and (div) each of the parties irrevocably consents to service of process by first class certified mailairmail, return receipt requested, postage prepaid, to the address at which such party is to receive notice in accordance with Section 12.56(c), and (v) the prevailing parties shall be entitled to recover their reasonable attorneys' fees and court costs from the other parties.
Appears in 2 contracts
Samples: Voting Agreement (Sungard Data Systems Inc), Voting Agreement (Sungard Data Systems Inc)
Jurisdiction and Process. In any action between or among any of the parties, whether arising out of this Agreement or otherwise, (a) each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in the Commonwealth of Pennsylvania, ; (b) if any such action is commenced in a state court, then, subject to applicable law, no party shall object to the removal of such action to any federal court located in the Commonwealth of Pennsylvania, ; (c) each of the parties irrevocably waives the right to trial by jury, and ; (d) each of the parties irrevocably consents to service of process by first class certified mail, return receipt requested, postage prepaid, to the address at which such party is to receive notice in accordance with Section 12.5, 9(a); and (e) the prevailing parties shall be entitled to recover their reasonable attorneys' attorney's fees (including, if applicable, charges for in-house counsel) and court costs from the other parties.
Appears in 1 contract
Jurisdiction and Process. In any action between or among any of the parties, whether arising out of this Agreement or otherwise, (a) each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in the Commonwealth of Pennsylvania, ; (b) if any such action is commenced in a state court, then, subject to applicable law, no party shall object to the removal of such action to any federal court located in the Commonwealth of Pennsylvania, ; (c) each of the parties irrevocably waives the right to trial by jury, and ; (d) each of the parties irrevocably consents to service of process by first class certified mail, return receipt requested, postage prepaid, to the address at which such party is to receive notice in accordance with Section 12.5, 12.2; and (e) the prevailing parties shall be entitled to recover their reasonable attorneys' attorney's fees (including, if applicable, charges for in-house counsel) and court costs from the other parties.
Appears in 1 contract
Samples: Asset Acquisition Agreement (Safeguard Scientifics Inc Et Al)
Jurisdiction and Process. In any action between or among any of the parties, whether arising out of this Agreement or otherwise, (a) each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in the Commonwealth of Pennsylvania, ; (b) if any such action is commenced in a state court, then, subject to applicable law, no party shall object to the removal of such action to any federal court located in the Commonwealth of Pennsylvania, ; (c) each of the parties irrevocably waives the right to trial by jury, ; and (d) each of the parties irrevocably consents to service of process by first class certified mail, return receipt requested, postage prepaid, to the address at which such party is to receive notice in accordance with Section 12.5, and the prevailing parties shall be entitled to recover their reasonable attorneys' fees and court costs from the other parties15.4.
Appears in 1 contract
Jurisdiction and Process. In any action between or among any of the parties, whether arising out of this Agreement or otherwise, (a) each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in the Commonwealth of Pennsylvania, ; (b) if any such action is commenced in a state court, then, subject to applicable law, no party shall object to the removal of such action to any federal court located in the Commonwealth of Pennsylvania, ; (c) each of the parties irrevocably waives the right to trial by jury, and ; (d) each of the parties irrevocably consents to service of process by first class certified mail, return receipt requested, postage prepaid, to the address at which such party is to receive notice in accordance with Section 12.5, 16.4; and (e) the prevailing parties shall be entitled to recover their reasonable attorneys' attorney's fees and court costs from the other parties.
Appears in 1 contract
Jurisdiction and Process. In any action between or among any of ------------------------ the parties, whether arising out of this Agreement or otherwise, (a) each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in the Commonwealth of Pennsylvania, ; (b) if any such action is commenced in a state court, then, subject to applicable law, no party shall object to the removal of such action to any federal court located in the Commonwealth of Pennsylvania, ; (c) each of the parties irrevocably waives the right to trial by jury, ; and (d) each of the parties irrevocably consents to service of process by first class certified mail, return receipt requested, postage prepaid, to the address at which such party is to receive notice in accordance with Section 12.5, and the prevailing parties shall be entitled to recover their reasonable attorneys' fees and court costs from the other parties15.4.
Appears in 1 contract
Samples: Asset Acquisition Agreement (Telespectrum Worldwide Inc)
Jurisdiction and Process. In any action between or among any of the parties, whether arising out of this Stock Purchase Agreement or otherwise, (ai) each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in the Commonwealth of Pennsylvania, (bii) if any such action is commenced in a state court, then, subject to applicable law, no party shall object to the removal of such action to any federal court located in the Commonwealth of Pennsylvania, (ciii) each of the parties irrevocably waives the right to trial by jury, and (div) each of the parties irrevocably consents to service of process by first class certified air mail, return receipt requested, postage prepaid, to the address at which such party is to receive notice in accordance with Section 12.56(b), and (v) the prevailing parties shall be entitled to recover their reasonable attorneys' fees and court costs from the other parties.
Appears in 1 contract
Samples: Stock Purchase Agreement (Sungard Data Systems Inc)
Jurisdiction and Process. In any action between or among any of the parties, whether arising out of this Agreement or otherwise, (a) each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in the Commonwealth of Pennsylvania, (b) if any such action is commenced in a state court, then, subject to applicable law, no party shall object to the removal of such action to any federal court located in the Commonwealth of Pennsylvania, (c) each of the parties irrevocably waives the right to trial by jury, and (d) each of the parties irrevocably consents to service of process by first class certified mail, return receipt requested, postage prepaid, to the address at which such party is to receive notice in accordance with Section 12.512.2, and (e) the prevailing parties shall be entitled to recover their reasonable attorneys' fees and court costs from the other parties.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Sungard Data Systems Inc)
Jurisdiction and Process. In any action between or among any of the parties, whether arising out of this Agreement or otherwise, (a) each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in the Commonwealth of Pennsylvania, ; (b) if any such action is commenced in a state court, then, subject to applicable law, no party shall object to the removal of such action to any federal court located in the Commonwealth of Pennsylvania, ; (c) each of the parties irrevocably waives the right to trial by jury, and ; (d) each of the parties irrevocably consents to service of process by first class certified mail, return receipt requested, postage prepaid, to the address at which such party is to receive notice in accordance with Section 12.5, 10.2; and (e) the prevailing parties shall be entitled to recover their reasonable attorneys' attorney's fees (including, if applicable, charges for in-house counsel) and court costs from the other parties.
Appears in 1 contract
Samples: Final Asset (Nco Group Inc)
Jurisdiction and Process. In any action between or among any of the parties, whether arising out of this Agreement or otherwise, (a) each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in the Commonwealth of Pennsylvania, ; (b) if any such action is commenced in a state court, then, subject to applicable law, no party shall object to the removal of such action to any federal court located in the Commonwealth of Pennsylvania, ; (c) each of the parties irrevocably waives the right to trial by jury, and ; (d) each of the parties irrevocably consents to service of process by first class certified mail, return receipt requested, postage prepaid, to the address at which such party is to receive notice in accordance with Section 12.5, and the prevailing parties shall be entitled to recover their reasonable attorneys' fees and court costs from the other parties.
Appears in 1 contract
Jurisdiction and Process. In any action between or among any of the parties, whether arising out of this Agreement or otherwise, (ai) each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in the Commonwealth of Pennsylvania, (bii) if any such action is commenced in a state court, then, subject to applicable law, no party shall object to the removal of such action to any federal court located in the Commonwealth of Pennsylvania, (ciii) each of the parties irrevocably waives the right to trial by jury, and (div) each of the parties irrevocably consents to service of process by first class certified mail, return receipt requested, postage prepaid, to the address at which such party is to receive notice in accordance with Section 12.56(b), and (v) the prevailing parties shall be entitled to recover their reasonable attorneys' fees and court costs from the other parties.
Appears in 1 contract
Samples: Voting and Cooperation Agreement (Sungard Data Systems Inc)