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 Massachusetts or if such court will not accept jurisdiction, the Superior Court of the Commonwealth of Massachusetts, or any court of competent civil jurisdiction sitting in Massachusetts (all of the above courts, “Massachusetts Courts). In any action, suit or other proceeding brought in the 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 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. (b) Each Party irrevocably consents to the service of process in the manner provided for the giving of notices pursuant to Section 19 of this Agreement. Nothing in this Section 18 shall affect the right of any Party to serve process in any other manner permitted by law.

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 Massachusetts Delaware, or if such court will not accept jurisdiction, the Superior Chancery Court of the Commonwealth State of MassachusettsDelaware, or any court of competent civil jurisdiction sitting in Massachusetts Delaware (all of the above courts, “Massachusetts Delaware Courts”). In any action, suit or other proceeding brought in the Massachusetts 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 Massachusetts 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. (b) Each Party irrevocably consents to the service of process in the manner provided for the giving of notices pursuant to Section 19 of this Agreement. Nothing in this Section 18 shall affect the right of any Party to serve process in any other manner permitted by law.

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 Massachusetts or if such court will not accept jurisdiction, the Superior Court of the Commonwealth of Massachusetts, or any court of competent civil jurisdiction sitting in Massachusetts (all of the above courts, “"Massachusetts Courts). In any action, suit or other proceeding brought in the 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 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. (b) Each Party irrevocably consents to the service of process in the manner provided for the giving of notices pursuant to Section 19 of this Agreement. Nothing in this Section 18 shall affect the right of any Party to serve process in any other manner permitted by law.