Common use of Jurisdiction; Venue; Consent to Service of Process Clause in Contracts

Jurisdiction; Venue; Consent to Service of Process. (a) Each of the Fund, the Advisor and Sub-Advisor (each, a “Party”) irrevocably and unconditionally submits to the exclusive jurisdiction of the United States District Court for the District of Delaware, or if such court will not accept jurisdiction, the Chancery Court of the State of Delaware, or any court of competent civil jurisdiction sitting in Delaware (all of the above courts, “Delaware Courts”). In any action, suit or other proceeding brought in the Delaware Courts, each of the Parties irrevocably and unconditionally waives and agrees not to assert by way of motion, as a defense or otherwise any claims that it is not subject to the jurisdiction of the Delaware Courts, that such action, suit or other proceeding is brought in an inconvenient forum or that the venue of such action, suit or other proceeding is improper. Each of the Parties also hereby agrees that any final and unappealable judgment against a Party in connection with any action, suit or other proceeding shall be conclusive and binding on such Party and that such award or judgment may be enforced in any court of competent jurisdiction, either within or outside of the United States. A certified or exemplified copy of such award or judgment shall be conclusive evidence of the fact and amount of such award or judgment.

Jurisdiction; Venue; Consent to Service of Process. (a) Each of the Fund, the Advisor and Sub-Advisor (each, a “Party”) irrevocably and unconditionally submits to the exclusive jurisdiction of the United States District Court for the District of Delaware, Massachusetts or if such court will not accept jurisdiction, the Chancery Superior Court of the State Commonwealth of DelawareMassachusetts, or any court of competent civil jurisdiction sitting in Delaware Massachusetts (all of the above courts, “Delaware Massachusetts Courts”). In any action, suit or other proceeding brought in the Delaware Massachusetts Courts, each of the Parties irrevocably and unconditionally waives and agrees not to assert by way of motion, as a defense or otherwise any claims that it is not subject to the jurisdiction of the Delaware Massachusetts Courts, that such action, suit or other proceeding is brought in an inconvenient forum or that the venue of such action, suit or other proceeding is improper. Each of the Parties also hereby agrees that any final and unappealable judgment against a Party in connection with any action, suit or other proceeding shall be conclusive and binding on such Party and that such award or judgment may be enforced in any court of competent jurisdiction, either within or outside of the United States. A certified or exemplified copy of such award or judgment shall be conclusive evidence of the fact and amount of such award or judgment.

Jurisdiction; Venue; Consent to Service of Process. (a) Each of the Fund, the Advisor and Sub-Advisor (each, a “"Party”") irrevocably and unconditionally submits to the exclusive jurisdiction of the United States District Court for the District of Delaware, Massachusetts or if such court will not accept jurisdiction, the Chancery Superior Court of the State Commonwealth of DelawareMassachusetts, or any court of competent civil jurisdiction sitting in Delaware Massachusetts (all of the above courts, “Delaware "Massachusetts Courts”). In any action, suit or other proceeding brought in the Delaware Massachusetts Courts, each of the Parties irrevocably and unconditionally waives and agrees not to assert by way of motion, as a defense or otherwise any claims that it is not subject to the jurisdiction of the Delaware Massachusetts Courts, that such action, suit or other proceeding is brought in an inconvenient forum or that the venue of such action, suit or other proceeding is improper. Each of the Parties also hereby agrees that any final and unappealable judgment against a Party in connection with any action, suit or other proceeding shall be conclusive and binding on such Party and that such award or judgment may be enforced in any court of competent jurisdiction, either within or outside of the United States. A certified or exemplified copy of such award or judgment shall be conclusive evidence of the fact and amount of such award or judgment.

Jurisdiction; Venue; Consent to Service of Process. (a) Each of the Fund, the Advisor and Sub-Advisor (each, a “"Party”") irrevocably and unconditionally submits to the exclusive jurisdiction of the United States District Court for the District of Delaware, or if such court will not accept jurisdiction, the Chancery Court of the State of Delaware, or any court of competent civil jurisdiction sitting in Delaware (all of the above courts, “"Delaware Courts”"). In any action, suit or other proceeding brought in the Delaware Courts, each of the Parties irrevocably and unconditionally waives and agrees not to assert by way of motion, as a defense or otherwise any claims that it is not subject to the jurisdiction of the Delaware Courts, that such action, suit or other proceeding is brought in an inconvenient forum or that the venue of such action, suit or other proceeding is improper. Each of the Parties also hereby agrees that any final and unappealable judgment against a Party in connection with any action, suit or other proceeding shall be conclusive and binding on such Party and that such award or judgment may be enforced in any court of competent jurisdiction, either within or outside of the United States. A certified or exemplified copy of such award or judgment shall be conclusive evidence of the fact and amount of such award or judgment.