Proceedings to Enforce Agreement. The choice of New York law as the governing law of this Agreement is a valid choice of law and would be recognized and given effect to in any action brought before a court of competent jurisdiction in the Cayman Islands, except for those laws (a) which such court considers to be procedural in nature, (b) which are revenue or penal laws or (c) the application of which would be inconsistent with public policy, as such term is interpreted under the laws of the Cayman Islands. The courts of the Cayman Islands would recognize as a valid judgment, a final and conclusive judgment in personam obtained in the United States District Court for the Southern District of New York (the “New York Courts”) against the Company based upon this Agreement expressed to be governed by New York law under which a sum of money is payable (other than a sum of money payable in respect of multiple damages, taxes or other charges of a like nature or in respect of a fine or other penalty) or, in certain circumstances, an in personam judgment for non-monetary relief, and would give a judgment based thereon provided that (a) such courts had proper jurisdiction over the parties subject to such judgment; (b) such courts did not contravene the rules of natural justice of the Cayman Islands; (c) such judgment was not obtained by fraud; (d) the enforcement of the judgment would not be contrary to the public policy of the Cayman Islands; (e) no new admissible evidence relevant to the action is submitted prior to the rendering of the judgment by the courts of the Cayman Islands; and (f) there is due compliance with the correct procedures under the laws of the Cayman Islands.
Proceedings to Enforce Agreement. In any proceeding in a Specified Jurisdiction to enforce any Loan Document governed by New York law, the choice of New York law as the governing law of such Loan Document will be recognized and applied, the irrevocable submission of it to the jurisdiction of the courts of the State of New York or of the United States of America for the Southern District of New York will be valid, legal, binding and enforceable, and any judgment obtained in such a court will be recognized and enforceable in each Specified Jurisdiction without reconsideration as to the merits of such judgment.
Proceedings to Enforce Agreement. In any proceeding to enforce, this Agreement is governed by New York law and the choice of New York law as the governing law of this Agreement will be recognized and applied, the irrevocable submission of it to the jurisdiction of the courts of the State of New York located in the City and County of New York or in the United States District Court for the Southern District of New York will be valid, legal, binding and enforceable, and any judgment obtained in such a court will be recognized and enforceable without reconsideration as to the merits of such judgment.
Proceedings to Enforce Agreement. In any proceeding in Cayman Islands to enforce this Agreement governed by New York law, the choice of New York law as the governing law of this Agreement will be recognized and applied, the irrevocable submission of it to the jurisdiction of the courts of the State of New York located in the City and County of New York or in the United States District Court for the Southern District of New York will be valid, legal, binding and enforceable, and any judgment obtained in such a court will be recognized and enforceable in Cayman Islands without reconsideration as to the merits of such judgment.
Proceedings to Enforce Agreement. In any proceedings in the Borrower’s Country to enforce any Transaction Document, the choice of New York law or Japanese law (as the case may be) as the governing law thereof will be recognized and such law will be applied, the irrevocable submissions of the Borrower to the non-exclusive jurisdiction of the Tokyo District Court, the courts of the State of New York and the courts of the United States of America in New York and the appointment by the Borrower of the Tokyo Process Agent and the New York Process Agent are legal, valid, binding and enforceable and any judgment obtained in Japan or New York will be recognized and enforceable against the Borrower and its assets in the Borrower’s Country after having been duly ratified by the Federal Supreme Court of the Borrower’s Country; such ratification by the Supreme Court of the Borrower’s Country will occur if the court decision in such jurisdiction (i) complies with all formalities required for the enforcement thereof under the laws of such jurisdiction; (ii) was issued by a competent court in such jurisdiction after valid service of process upon the parties to the action (such service to have been made under the authority of a court or the clerk of a court), or after sufficient evidence of the parties’ absence has been given in accordance with the applicable law of such jurisdiction; (iii) is not subject to appeal; (iv) is not against public policy, national sovereignty or good morals of the Borrower’s Country and does not contain any other provision of a similar nature; (v) is duly authenticated by the competent consulate of the Borrower’s Country in such jurisdiction and is accompanied by a translation thereof into Portuguese made by a sworn translator; and (vi) in the case of proceedings in the Borrower’s Country to enforce a payment obligation under this Agreement, it is also required that any judgment obtained in Japan or New York be for the payment of a determined amount. Each Transaction Document is in proper legal form under the laws of the Borrower’s Country and is capable of enforcement in the courts of the Borrower’s Country. There is no requirement to file, register or otherwise record any Transaction Document or any instrument or agreement required hereunder or thereunder in any public office or elsewhere in the Borrower’s Country to ensure the validity, legality, effectiveness, enforceability or admissibility in evidence hereof or thereof, except for the approvals, registrations and other a...
Proceedings to Enforce Agreement. In any proceeding in the jurisdiction of organization of any Foreign Loan Party to enforce any Loan Document governed by New York law, the choice of New York law as the governing law of such Loan Document will be recognized and applied, the irrevocable submission of it to the jurisdiction of the courts of the State of New York or of the United States of America for the Southern District of New York will be valid, legal, binding and enforceable, and any judgment obtained in such a court will be recognized and enforceable in the jurisdiction of organization of such Foreign Loan Party without reconsideration as to the merits of such judgment.
Proceedings to Enforce Agreement. In any proceedings in the Borrower’s Country to enforce the Loan Agreement, the choice of Japanese law as the governing law of the Loan Agreement will be recognized and such law will be applied. The irrevocable submission of the Borrower to the non-exclusive jurisdiction of the Tokyo District Court and the courts of the State of New York and the courts of the United States of America in New York and the appointments by the Borrower of the Tokyo Process Agent, and the New York Process Agent are legal, valid, binding and enforceable.
Proceedings to Enforce Agreement. In any proceeding in Cayman Islands to enforce this Agreement governed by New York law, the choice of New York law as the governing law of this Agreement will be recognized and applied, the irrevocable submission of it to the jurisdiction of the courts of the State of New York located in the City and County of New York or in the United States District Court for the Southern District of New York will be valid, legal, binding and enforceable, and any judgment obtained in such a court will be recognized and enforceable in Cayman Islands without reconsideration as to the merits of such judgment. (uu) Any certificate signed by an officer of the Company and delivered to the Underwriters or to counsel for the Underwriters shall be deemed to be a representation and warranty by the Company to the Underwriters as to the matters set forth therein.
Proceedings to Enforce Agreement. In all proceedings to enforce this Agreement, including those brought in the Borrower’s Jurisdiction, the choice of the Laws of the State of New York as the governing Law hereof will be recognized and such Law will be applied. The Borrower’s submission to the jurisdiction of the New York courts as the court of first instance (as set forth in Article 13.3 below) is irrevocable, legal, valid, binding and enforceable. This Agreement is legal and binding on the Borrower under the Laws of the Borrower’s Jurisdiction and any judgment obtained in New York will be recognized and enforceable against the Borrower and its assets in the Borrower’s Jurisdiction. There is no requirement to file, register or otherwise record this Agreement , any other related document or any instrument, document or agreement required hereunder with any Governmental Agency in the Borrower’s Jurisdiction to ensure the validity, legality, effectiveness, enforceability or admissibility into evidence of the same.
Proceedings to Enforce Agreement. In any proceedings in the Kyrgyz Republic to enforce this Agreement, the choice of the laws of China as the governing law hereof will be recognized and such law will be applied. The waiver of immunity by the Borrower, the irrevocable submissions of the Borrower to the non-exclusive jurisdiction of the courts of China and the appointments of the Borrower’s Chinese Process Agent are legal, valid, binding and enforceable and any judgment obtained in Chinese court will be, if introduced, evidence for enforcement in any proceedings against the Borrower and its assets in the Kyrgyz Republic.
