Common use of Jurisdiction and Process Clause in Contracts

Jurisdiction and Process. In any action between or among any of the parties, whether arising out of this Agreement or otherwise, (i) each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in the State of Delaware, (ii) 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 State of Delaware, (iii) each of the parties irrevocably waives the right to trial by jury, (iv) 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 8(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: Agreement and Plan of Merger (Compass International Services Corp), Voting Agreement (Nco Group Inc)

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Jurisdiction and Process. In any action between or among any of the parties, whether arising out of this Agreement or otherwise, (ia) each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in the State of Delaware, (iib) 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 State of Delaware, (iiic) each of the parties irrevocably waives the right to trial by jury, (ivd) 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 8(b), 10.4 and (ve) 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 (Nco Portfolio Management Inc)

Jurisdiction and Process. In any action between or among any of the parties, whether arising out of this Agreement or otherwise, : (ia) each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in the State of Delaware, ; (iib) 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 State of Delaware, ; (iiic) each of the parties irrevocably waives the right to trial by jury, ; (ivd) 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 8(b), 14.3; and (ve) the prevailing parties shall be entitled to recover their reasonable attorneys' fees and court costs from the other parties.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Widepoint Corp), Asset Purchase Agreement (Vuance)

Jurisdiction and Process. In any action between or among any of the parties, whether arising out of this Agreement or otherwise, (iA) each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in the State of Delaware, (iiB) 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 State of Delaware, (iiiC) each of the parties irrevocably waives the right to trial by jury, (ivD) 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 8(b), 10.4 and (vE) 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 Merger (Compass International Services Corp)

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Jurisdiction and Process. In any action between or among any of the parties, whether arising out of this Agreement or otherwise, : (ia) each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in the State of Delaware, ; (iib) 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 State of Delaware, ; (iiic) each of the parties irrevocably waives the right to trial by jury, ; (ivd) 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 8(b), 15.3; and (ve) the prevailing parties shall be entitled to recover their reasonable attorneys' fees and court costs from the other parties.

Appears in 1 contract

Samples: Asset Purchase Agreement (Widepoint Corp)

Jurisdiction and Process. In any action between or among any of the parties, whether arising out of this Agreement or otherwise, (ia) each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in the State of Delaware, (iib) 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 State of Delaware, (iiic) each of the parties irrevocably waives the right to trial by jury, (ivd) 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 8(b)4.2 hereof, and (ve) the prevailing parties shall be entitled to recover their reasonable attorneys' fees and court costs from the other parties.

Appears in 1 contract

Samples: Employment Agreement (Providence Service Corp)

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