Jurisdiction; Venue; Service of Process. This Agreement shall be subject to the exclusive jurisdiction of the Xxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York and if such court does not have proper jurisdiction, the State Courts of New York County, New York. The parties to this Agreement agree that any breach of any term or condition of this Agreement shall be deemed to be a breach occurring in the State of New York by virtue of a failure to perform an act required to be performed in the State of New York and irrevocably and expressly agree to submit to the jurisdiction of the Xxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York and if such court does not have proper jurisdiction, the State Courts of New York County, New York for the purpose of resolving any disputes among the parties relating to this Agreement or the transactions contemplated hereby. The parties irrevocably waive, to the fullest extent permitted by law, any objection which they may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement, or any judgment entered by any court in respect hereof brought in New York County, New York, and further irrevocably waive any claim that any suit, action or proceeding brought in Xxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York and if such court does not have proper jurisdiction, the State Courts of New York County, New York has been brought in an inconvenient forum. Each of the parties hereto consents to process being served in any such suit, action or proceeding, by mailing a copy thereof to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing in this Section 6.9 shall affect or limit any right to serve process in any other manner permitted by law.
Appears in 20 contracts
Samples: Common Stock and Warrant Purchase Agreement, Preferred Stock and Warrant Purchase Agreement (Access Pharmaceuticals Inc), Convertible Note and Warrant Purchase Agreement (Access Pharmaceuticals Inc)
Jurisdiction; Venue; Service of Process. This Agreement shall be subject to the exclusive jurisdiction of the Xxxxxxx Xxxxxxxx XxxxxFederal District Court, Xxxxxxxx Xxxxxxxx Southern District of New York and if such court does not have proper jurisdictioncxxxx xxxx xxx xxxx xxxxxx xxxxxxxxxxxx, the xhe State Courts of New York County, New York. The parties to this Agreement agree that any breach of any term or condition of this Agreement shall be deemed to be a breach occurring in the State of New York by virtue of a failure to perform an act required to be performed in the State of New York and irrevocably and expressly agree to submit to the jurisdiction of the Xxxxxxx Xxxxxxxx XxxxxFederal District Court, Xxxxxxxx Xxxxxxxx Southern District of New York and if such court does not have proper jurisdictioncxxxx xxxx xxx xxxx xxxxxx xxxxxxxxxxxx, the xhe State Courts of New York County, New York for the purpose of resolving any disputes among the parties relating to this Agreement or the transactions contemplated hereby. The parties irrevocably waive, to the fullest extent permitted by law, any objection which they may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement, or any judgment entered by any court in respect hereof brought in New York County, New York, and further irrevocably waive any claim that any suit, action or proceeding brought in Xxxxxxx Xxxxxxxx XxxxxFederal District Court, Xxxxxxxx Xxxxxxxx Southern District of New York and if such court does not have proper jurisdictioncxxxx xxxx xxx xxxx xxxxxx xxxxxxxxxxxx, the xhe State Courts of New York County, New York has been brought in an inconvenient forum. Each of the parties hereto consents to process being served in any such suit, action or proceeding, by mailing a copy thereof to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing in this Section 6.9 shall affect or limit any right to serve process in any other manner permitted by law.
Appears in 2 contracts
Samples: Preferred Stock and Warrant Purchase Agreement (Somanta Pharmaceuticals Inc.), Preferred Stock and Warrant Purchase Agreement (Somanta Pharmaceuticals Inc.)
Jurisdiction; Venue; Service of Process. This Agreement shall be subject to the exclusive jurisdiction of the Xxxxxxx Fxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York and if such court does not have proper jurisdiction, the State Courts of New York County, New York. The parties to this Agreement agree that any breach of any term or condition of this Agreement shall be deemed to be a breach occurring in the State of New York by virtue of a failure to perform an act required to be performed in the State of New York and irrevocably and expressly agree to submit to the jurisdiction of the Xxxxxxx Fxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York and if such court does not have proper jurisdiction, the State Courts of New York County, New York for the purpose of resolving any disputes among the parties relating to this Agreement or the transactions contemplated hereby. The parties irrevocably waive, to the fullest extent permitted by law, any objection which they may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement, or any judgment entered by any court in respect hereof brought in New York County, New York, and further irrevocably waive any claim that any suit, action or proceeding brought in Xxxxxxx Fxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York and if such court does not have proper jurisdiction, the State Courts of New York County, New York has been brought in an inconvenient forum. Each of the parties hereto consents to process being served in any such suit, action or proceeding, by mailing a copy thereof to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing in this Section 6.9 shall affect or limit any right to serve process in any other manner permitted by law.
Appears in 2 contracts
Samples: Preferred Stock and Warrant Purchase Agreement (Sco Capital Partners LLC), Preferred Stock and Warrant Purchase Agreement (Sco Capital Partners LLC)
Jurisdiction; Venue; Service of Process. This Agreement shall be subject to the exclusive jurisdiction of the Xxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York and if such court does not have proper jurisdiction, the State Courts of New York County, New York. The parties to this Agreement agree that any breach of any term or condition of this Agreement shall be deemed to be a breach occurring in the State of New York by virtue of a failure to perform an act required to be performed in the State of New York and irrevocably and expressly agree to submit to the jurisdiction of the Xxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York and if such court does not have proper jurisdiction, the State Courts of New York County, New York for the purpose of resolving any disputes among the parties relating to this Agreement or the transactions contemplated hereby. The parties irrevocably waive, to the fullest extent permitted by law, any objection which they may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement, or any judgment entered by any court in respect hereof brought in New York County, New York, and further irrevocably waive any claim that any suit, action or proceeding brought in Xxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York and if such court does not have proper jurisdiction, the State Courts of New York County, New York has been brought in an inconvenient forum. Each of the parties hereto consents to process being served in any such suit, action or proceeding, by mailing a copy thereof to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing in this Section 6.9 15 shall affect or limit any right to serve process in any other manner permitted by law.
Appears in 2 contracts
Samples: Security Agreement (Access Pharmaceuticals Inc), Security Agreement (Sco Capital Partners LLC)
Jurisdiction; Venue; Service of Process. This Agreement shall be subject to the exclusive jurisdiction of the Xxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York Delaware and if such court does not have proper jurisdiction, the State Courts of New York County, New YorkDelaware. The parties to this Agreement agree that any breach of any term or condition of this Agreement shall be deemed to be a breach occurring in the State of New York Delaware by virtue of a failure to perform an act required to be performed in the State of New York Delaware and irrevocably and expressly agree to submit to the jurisdiction of the Xxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York Delaware and if such court does not have proper jurisdiction, the State Courts of New York County, New York Delaware for the purpose of resolving any disputes among the parties relating to this Agreement or the transactions contemplated hereby. The parties irrevocably waive, to the fullest extent permitted by law, any objection which they may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement, or any judgment entered by any court in respect hereof brought in New York County, New YorkDelaware, and further irrevocably waive any claim that any suit, action or proceeding brought in Xxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York Delaware and if such court does not have proper jurisdiction, the State Courts of New York County, New York Delaware has been brought in an inconvenient forum. Each of the parties hereto consents to process being served in any such suit, action or proceeding, by mailing a copy thereof to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing in this Section 6.9 17 shall affect or limit any right to serve process in any other manner permitted by law.
Appears in 2 contracts
Samples: Security Agreement (Virtual Piggy, Inc.), Security Agreement (Virtual Piggy, Inc.)
Jurisdiction; Venue; Service of Process. This Agreement shall be subject to the exclusive jurisdiction of the Xxxxxxx Xxxxxxxx XxxxxFederal District Court, Xxxxxxxx Xxxxxxxx Southern District of New York and if such court does not have proper jurisdictioncoxxx xxxx xxx xxxx xxxxxx xxxxxxxxxxxx, the xxe State Courts of New York County, New York. The parties to this Agreement agree that any breach of any term or condition of this Agreement shall be deemed to be a breach occurring in the State of New York by virtue of a failure to perform an act required to be performed in the State of New York and irrevocably and expressly agree to submit to the jurisdiction of the Xxxxxxx Xxxxxxxx XxxxxFederal District Court, Xxxxxxxx Xxxxxxxx Southern District of New York and if such court does not have proper jurisdictioncoxxx xxxx xxx xxxx xxxxxx xxxxxxxxxxxx, the xxe State Courts of New York County, New York for the purpose of resolving any disputes among the parties relating to this Agreement or the transactions contemplated hereby. The parties irrevocably waive, to the fullest extent permitted by law, any objection which they may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement, or any judgment entered by any court in respect hereof brought in New York County, New York, and further irrevocably waive any claim that any suit, action or proceeding brought in Xxxxxxx Xxxxxxxx XxxxxFederal District Court, Xxxxxxxx Xxxxxxxx Southern District of New York and if such court does not have proper jurisdictioncoxxx xxxx xxx xxxx xxxxxx xxxxxxxxxxxx, the xxe State Courts of New York County, New York has been brought in an inconvenient forum. Each of the parties hereto consents to process being served in any such suit, action or proceeding, by mailing a copy thereof to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing in this Section 6.9 shall affect or limit any right to serve process in any other manner permitted by law.
Appears in 1 contract
Samples: Preferred Stock and Warrant Purchase Agreement (TRUEYOU.COM)
Jurisdiction; Venue; Service of Process. This Agreement shall be subject to the exclusive jurisdiction of the Xxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxx Xxxxxxxx of New York California and if such court does not have proper jurisdiction, the State Courts of New York Los Angeles County, New YorkCalifornia. The parties to this Agreement agree that any breach of any term or condition of this Agreement shall be deemed to be a breach occurring in the State of New York California by virtue of a failure to perform an act required to be performed in the State of New York California and irrevocably and expressly agree to submit to the jurisdiction of the Xxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxx Xxxxxxxx of New York California and if such court does not have proper jurisdiction, the State Courts of New York Los Angeles County, New York California for the purpose of resolving any disputes among the parties relating to this Agreement or the transactions contemplated hereby. The parties irrevocably waive, to the fullest extent permitted by law, any objection which they may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement, or any judgment entered by any court in respect hereof brought in New York Los Angeles County, New YorkCalifornia, and further irrevocably waive any claim that any suit, action or proceeding brought in Xxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxx Xxxxxxxx of New York California and if such court does not have proper jurisdiction, the State Courts of New York Los Angeles County, New York California has been brought in an inconvenient forum. Each of the parties hereto consents to process being served in any such suit, action or proceeding, by mailing a copy thereof to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing in this Section 6.9 17 shall affect or limit any right to serve process in any other manner permitted by law.
Appears in 1 contract
Jurisdiction; Venue; Service of Process. This Agreement shall be subject to the exclusive jurisdiction of the Xxxxxxx Fxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York York, and if such court does not have proper jurisdiction, the State Courts of New York County, New York. The parties to this Agreement hereto agree that any breach of any term or condition of this Agreement shall be deemed to be a breach occurring in the State of New York by virtue of a failure to perform an act required to be performed in the State of New York and irrevocably and expressly agree to submit to the jurisdiction of the Xxxxxxx Fxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York York, and if such court does not have proper jurisdiction, the State Courts of New York County, New York York, for the purpose of resolving any disputes among the parties hereto relating to this Agreement or the transactions contemplated hereby. The parties hereto irrevocably waive, to the fullest extent permitted by law, any objection which they may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement, or any judgment entered by any court in respect hereof brought in New York County, New York, and further irrevocably waive any claim that any suit, action or proceeding brought in Xxxxxxx Fxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York York, and if such court does not have proper jurisdiction, the State Courts of New York County, New York York, has been brought in an inconvenient forum. Each of the parties hereto consents to process being served in any such suit, action or proceeding, by mailing a copy thereof to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing in this Section 6.9 6.8 shall affect or limit any right to serve process in any other manner permitted by law.. - -
Appears in 1 contract
Jurisdiction; Venue; Service of Process. This Agreement shall be subject to the exclusive jurisdiction of the Xxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York and if such court does not have proper jurisdiction, the State Courts of New York County, New York. The parties to this Agreement agree that any breach of any term or condition of this Agreement shall be deemed to be a breach occurring in the State of New York by virtue of a failure to perform an act required to be performed in the State of New York and irrevocably and expressly agree to submit to the jurisdiction of the Xxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York and if such court does not have proper jurisdiction, the State Courts of New York County, New York for the purpose of resolving any disputes among the parties relating to this Agreement or the transactions contemplated hereby. The parties irrevocably waive, to the fullest extent permitted by law, any objection which they may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement, or any judgment entered by any court in respect hereof brought in New York County, New York, and further irrevocably waive any claim that any suit, action or proceeding brought in Xxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York and if such court does not have proper jurisdiction, the State Courts of New York County, New York has been brought in an inconvenient forum. Each of the parties hereto consents to process being served in any such suit, action or proceeding, by mailing a copy thereof to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing in this Section 6.9 shall affect or limit any right to serve process in any other manner permitted by law.mailing
Appears in 1 contract
Samples: Security Agreement (Axs One Inc)
Jurisdiction; Venue; Service of Process. This Agreement shall be subject to the exclusive jurisdiction of the Xxxxxxx Fxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York California and if such court does not have proper jurisdiction, the State Courts of New York Santa Cxxxx County, New YorkCalifornia. The parties to this Agreement agree that any breach of any term or condition of this Agreement shall be deemed to be a breach occurring in the State of New York California by virtue of a failure to perform an act required to be performed in the State of New York California and irrevocably and expressly agree to submit to the jurisdiction of the Xxxxxxx Fxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York California and if such court does not have proper jurisdiction, the State Courts of New York Santa Cxxxx County, New York California for the purpose of resolving any disputes among the parties relating to this Agreement or the transactions contemplated hereby. The parties irrevocably waive, to the fullest extent permitted by law, any objection which they may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement, or any judgment entered by any court in respect hereof brought in New York Santa Cxxxx County, New YorkCalifornia, and further irrevocably waive any claim that any suit, action or proceeding brought in Xxxxxxx Fxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York California and if such court does not have proper jurisdiction, the State Courts of New York Santa Cxxxx County, New York California has been brought in an inconvenient forum. Each of the parties hereto consents to process being served in any such suit, action or proceeding, by mailing a copy thereof to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing in this Section 6.9 shall affect or limit any right to serve process in any other manner permitted by law.
Appears in 1 contract
Jurisdiction; Venue; Service of Process. This Agreement shall be subject to the exclusive jurisdiction of the Xxxxxxx Xxxxxxxx XxxxxFederal District Court, Xxxxxxxx Xxxxxxxx Southern District of New York and if such court does not have proper jurisdictioncouxx xxxx xxx xxxx xxxxxx xxxxxxxxxxxx, the xhe State Courts of New York County, New York. The parties to this Agreement agree that any breach of any term or condition of this Agreement shall be deemed to be a breach occurring in the State of New York by virtue of a failure to perform an act required to be performed in the State of New York and irrevocably and expressly agree to submit to the jurisdiction of the Xxxxxxx Xxxxxxxx XxxxxFederal District Court, Xxxxxxxx Xxxxxxxx Southern District of New York and if such court does not have proper jurisdictioncouxx xxxx xxx xxxx xxxxxx xxxxxxxxxxxx, the xxe State Courts of New York County, New York for the purpose of resolving any disputes among the parties relating to this Agreement or the transactions contemplated hereby. The parties irrevocably waive, to the fullest extent permitted by law, any objection which they may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement, or any judgment entered by any court in respect hereof brought in New York County, New York, and further irrevocably waive any claim that any suit, action or proceeding brought in Xxxxxxx Xxxxxxxx XxxxxFederal District Court, Xxxxxxxx Xxxxxxxx Southern District of New York and if such court does not have proper jurisdictioncouxx xxxx xxx xxxx xxxxxx xxxxxxxxxxxx, the xxx State Courts of New York County, New York has been brought in an inconvenient forum. Each of the parties hereto consents to process being served in any such suit, action or proceeding, by mailing a copy thereof to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing in this Section 6.9 shall affect or limit any right to serve process in any other manner permitted by law.
Appears in 1 contract
Samples: Common Stock and Warrant Purchase Agreement (Electric & Gas Technology Inc)
Jurisdiction; Venue; Service of Process. This Agreement shall be subject to the exclusive jurisdiction of the Xxxxxxx Xxxxxxxx Xxxxx[Federal District Court, Xxxxxxxx Xxxxxxxx Southern District of New York York] and if such court does not have proper jurisdiction, the State Courts of [New York County, New York]. The parties to this Agreement agree that any breach of any term or condition of this Agreement shall be deemed to be a breach occurring in the State of [New York York] by virtue of a failure to perform an act required to be performed in the State of [New York York] and irrevocably and expressly agree to submit to the jurisdiction of the Xxxxxxx Xxxxxxxx Xxxxx[Federal District Court, Xxxxxxxx Xxxxxxxx Southern District of New York York] and if such court does not have proper jurisdiction, the State Courts of [New York County, New York York] for the purpose of resolving any disputes among the parties relating to this Agreement or the transactions contemplated hereby. The parties irrevocably waive, to the fullest extent permitted by law, any objection which they may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement, or any judgment entered by any court in respect hereof brought in [New York County, New York], and further irrevocably waive any claim that any suit, action or proceeding brought in Xxxxxxx Xxxxxxxx Xxxxx[Federal District Court, Xxxxxxxx Xxxxxxxx Southern District of New York York] and if such court does not have proper jurisdiction, the State Courts of [New York County, New York York] has been brought in an inconvenient forum. Each of the parties hereto consents to process being served in any such suit, action or proceeding, by mailing a copy thereof to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing in this Section 6.9 shall affect or limit any right to serve process in any other manner permitted by law.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Chatsworth Data Solutions, Inc.)
Jurisdiction; Venue; Service of Process. This Agreement shall be subject to the exclusive jurisdiction of the Xxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York and if such court does not have proper jurisdiction, the State Courts of New York County, New York. The parties to this Agreement agree that any breach of any term or condition of this Agreement shall be deemed to be a breach occurring in the State of New York by virtue of a failure to perform an act required to be performed in the State of New York and irrevocably and expressly agree to submit to the jurisdiction of the Xxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York and if such court does not have proper jurisdiction, the State Courts of New York County, New York for the purpose of resolving any disputes among the parties relating to this Agreement or the transactions contemplated hereby. The parties irrevocably waive, to the fullest extent permitted by law, any objection which they may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement, or any judgment entered by any court in respect hereof brought in New York County, New York, and further irrevocably waive any claim that any suit, action or proceeding brought in Xxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York and if such court does not have proper jurisdiction, the State Courts of New York County, New York has been brought in an inconvenient forum. Each of the parties hereto consents to process being served in any such suit, action or proceeding, by mailing a copy thereof to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing in this Section 6.9 7.9 shall affect or limit any right to serve process in any other manner permitted by law.
Appears in 1 contract
Samples: Common Stock and Warrant Purchase Agreement (Spectrum Pharmaceuticals Inc)