Common use of Retention of Jurisdiction Clause in Contracts

Retention of Jurisdiction. Without in any way limiting Article X of the Plan, notwithstanding the Effective Date, and to the fullest extent permitted by law, the Bankruptcy Court shall retain exclusive jurisdiction over the Liquidating Trust after the Effective Date, including, without limitation, jurisdiction to resolve any and all controversies, suits and issues that may arise in connection therewith, including, without limitation, this Liquidating Trust Agreement, or any entity’s obligations incurred in connection herewith, including without limitation, any action against the Liquidating Trustee or any professional retained by the Liquidating Trustee, in each case in its capacity as such. Each party to this Liquidating Trust Agreement hereby irrevocably consents to the exclusive jurisdiction and venue of the Bankruptcy Court in any action to enforce, interpret or construe any provision of this Liquidating Trust Agreement or of any other agreement or document delivered in connection with this Liquidating Trust Agreement, and also hereby irrevocably waives any defense of improper venue, forum non conveniens or lack of personal jurisdiction to any such action brought in the Bankruptcy Court. Each party further irrevocably agrees that any action to enforce, interpret, or construe any provision of this Liquidating Trust Agreement will be brought only in the Bankruptcy Court. Each party hereby irrevocably consents to the service by certified or registered mail, return receipt requested, of any process in any action to enforce, interpret or construe any provision of this Liquidating Trust Agreement.

Retention of Jurisdiction. Without in any way limiting Article X of the Plan, notwithstanding Notwithstanding the Effective Date, and to the fullest extent permitted by law, the Bankruptcy Court shall retain exclusive jurisdiction over the Liquidating Trust after the Effective Date, including, without limitation, jurisdiction to resolve any and all controversies, suits and issues that may arise in connection therewith, including, without limitation, this Liquidating Trust Agreement, or any entity’s obligations incurred in connection herewith, including without limitation, any action against the Liquidating Trustee or any professional retained by the Liquidating Trustee, in each case in its capacity as such. Each party to this Liquidating Trust Agreement hereby irrevocably consents to the exclusive jurisdiction and venue of the Bankruptcy Court in any action to enforce, interpret or construe any provision of this Liquidating Trust Agreement or of any other agreement or document delivered in connection with this Liquidating Trust Agreement, and also hereby irrevocably waives any defense of improper venue, forum non conveniens or lack of personal jurisdiction to any such action brought in the Bankruptcy Court. Each party further irrevocably agrees that any action to enforce, interpret, interpret or construe any provision of this Liquidating Trust Agreement will be brought only in the Bankruptcy Court. Each party hereby irrevocably consents to the service by certified or registered mail, return receipt requested, of any process in any action to enforce, interpret or construe any provision of this Liquidating Trust Agreement.

Retention of Jurisdiction. Without in any way limiting Article X Notwithstanding the Effective Date of the Plan, notwithstanding the Effective Date, and to the fullest extent permitted by law, the Bankruptcy Court shall retain exclusive jurisdiction over the Liquidating Trust after the Effective DateDate of the Plan, including, without limitation, jurisdiction to resolve any and all controversies, suits suits, and issues that may arise in connection therewith, including, without limitation, this Liquidating Trust Agreement, or any entity’s obligations incurred in connection herewith, including without limitation, any action against the Liquidating Trustee TrusteeLiquidating Trustees or any professional retained by the Liquidating Trustee, in each case in its capacity as suchTrusteeLiquidating Trustees. Each party to this Agreement and each beneficiary of the Liquidating Trust Agreement hereby irrevocably consents to the exclusive jurisdiction and venue of the Bankruptcy Court in any action to enforce, interpret interpret, or construe any provision of this Liquidating Trust Agreement or of any other agreement or document delivered in connection with this Liquidating Trust Agreement, and also hereby irrevocably waives any defense of improper venue, forum non conveniens conveniens, or lack of personal jurisdiction to any such action brought in the Bankruptcy Court. Each party further irrevocably agrees that any action to enforce, interpret, or construe any provision of this Liquidating Trust Agreement will be brought only in the Bankruptcy Court. Each party hereby irrevocably consents to the service by certified or registered mail, return receipt requested, of any process in any action to enforce, interpret or construe any provision of this Liquidating Trust Agreement.

Retention of Jurisdiction. Without in any way limiting Article X of the Plan, notwithstanding the Effective Date, and to To the fullest extent permitted by law, the Bankruptcy 614 Court shall retain exclusive jurisdiction over the Liquidating Liquidation Trust after the Effective Date, 615 including, without limitation, jurisdiction to resolve any and all controversies, suits and issues that 616 may arise in connection therewith, including, without limitation, this Liquidating Trust Agreement, or any entity’s 617 obligations incurred in connection herewith, including without limitation, any action against the Liquidating 618 Liquidation Trustee or any professional retained by the Liquidating Liquidation Trustee, in each case in its 619 capacity as such. , Each party to this Liquidating Trust Agreement hereby irrevocably consents to the exclusive 620 jurisdiction and venue of the Bankruptcy Court in any action to enforce, interpret or construe any provision of 621 this Liquidating Trust Agreement or of any other agreement or document delivered in connection with this Liquidating Trust 622 Agreement, and also hereby irrevocably waives any defense of improper venue, forum non 623 conveniens or lack of personal jurisdiction to any such action brought in the Bankruptcy Court. 624 Each party further irrevocably agrees that any action to enforce, interpret, or construe any 625 provision of this Liquidating Trust Agreement will be brought only in the Bankruptcy Court. Each party hereby 626 irrevocably consents to the service by certified or registered mail, return receipt requested, of any 627 process in any action to enforce, interpret or construe any provision of this Liquidating Trust Agreement. The 628 foregoing notwithstanding, after the Case is closed or if the Bankruptcy Court declines to exercise 629 jurisdiction over any controversy, suit or issue that may arise in connection herewith or any 630 entity’s obligations incurred in connection herewith, including without limitation, any action 631 against the Liquidation Trustee or any professional retained by the Liquidation Trustee, such 632 jurisdiction may be exercised by any other court of competent jurisdiction.

Retention of Jurisdiction. Without in any way limiting Article X of the Plan, notwithstanding Notwithstanding the Effective Date, and to the fullest extent permitted by law, the Bankruptcy Court shall retain exclusive jurisdiction over the Liquidating Liquidation Trust after the Effective Date, including, without limitation, jurisdiction to resolve any and all controversies, suits and issues that may arise in connection therewith, including, without limitation, this Liquidating Liquidation Trust Agreement, or any entityEntity’s obligations incurred in connection herewith, including without limitation, any action against the Liquidating Liquidation Trustee or any professional retained by the Liquidating Liquidation Trustee, in each case in its capacity as such. Each party to this Liquidating Liquidation Trust Agreement hereby irrevocably consents to the exclusive jurisdiction and venue of the Bankruptcy Court in any action to enforce, interpret or construe any provision of this Liquidating Liquidation Trust Agreement or of any other agreement or document delivered in connection with this Liquidating Liquidation Trust Agreement, and also hereby irrevocably waives any defense of improper venue, forum non conveniens or lack of personal jurisdiction to any such action brought in the Bankruptcy Court. Each party further irrevocably agrees that any action to enforce, interpret, or construe any provision of this Liquidating Liquidation Trust Agreement will be brought only in the Bankruptcy Court. Each party hereby irrevocably consents to the service by certified or registered mail, return receipt requested, of any process in any action to enforce, interpret or construe any provision of this Liquidating Liquidation Trust Agreement.

Retention of Jurisdiction. Without in any way limiting Article X of the Plan, notwithstanding Notwithstanding the Effective Date, and to the fullest extent permitted by lawlaw and as set forth in Article X of the Plan, the Bankruptcy Court shall retain exclusive jurisdiction over the Liquidating Liquidation Trust after the Effective Date, including, without limitation, jurisdiction to resolve any and all controversies, suits suits, and issues that may arise in connection therewith, including, without limitation, this Liquidating Trust Agreement, or any entity’s obligations incurred in connection herewith, including without limitation, any action against the Liquidating Liquidation Trustee, any director, officer, affiliate, employee, employer, professional, agent, or representative of the Liquidation Trustee (including, but not limited to, in the Trustee’s capacity as Litigation Representative), or any Member of the Liquidation Trust Advisory Board or any professional retained by the Liquidating TrusteeLiquidation Trustee or the Liquidation Trust Advisory Board, in each case in its capacity as such. Each party to this Liquidating Agreement and each beneficiary of the Liquidation Trust Agreement hereby irrevocably consents to the exclusive jurisdiction and venue of the Bankruptcy Court in any action to enforce, interpret interpret, or construe any provision of this Liquidating Trust Agreement or of any other agreement or document delivered in connection with this Liquidating Trust Agreement, and also hereby irrevocably waives any defense of improper venue, forum non conveniens conveniens, or lack of personal jurisdiction to any such action brought in the Bankruptcy Court. Each party further irrevocably agrees that any action to enforce, interpret, or construe any provision of this Liquidating Trust Agreement will be brought only in the Bankruptcy Court. Each party hereby irrevocably consents to the service by certified or registered mail, return receipt requested, of any process in any action to enforce, interpret or construe any provision of this Liquidating Trust Agreement. Notwithstanding the preceding, nothing herein shall be interpreted as requiring the commencement or prosecution of any of the Retained Causes of Action in the Bankruptcy Court, and all determinations regarding the proper forum for initiating any Cause of Action shall be at the discretion of the Liquidation Trust, consistent with applicable law. Nothing contained herein is intended to limit or abrogate the jurisdiction of the Canadian Court with respect to the CCAA Approval Order and the conduct of the CCAA Proceedings.

Retention of Jurisdiction. Without in any way limiting Article X of the Plan, notwithstanding the Effective Date, and to the fullest extent permitted by law, the Bankruptcy Court shall retain exclusive jurisdiction over the Liquidating Litigation Trust after the Effective Date, including, without limitation, jurisdiction to resolve any and all controversies, suits and issues that may arise in connection therewith, including, without limitation, this Liquidating Litigation Trust Agreement, or any entity’s obligations incurred in connection herewith, including without limitation, any action against the Liquidating Litigation Trustee or any professional retained by the Liquidating Litigation Trustee, in each case in its capacity as such, or any disputes with the EPC Reorganizing Debtors and/or the Responsible Person. Each party to this Liquidating Litigation Trust Agreement hereby irrevocably consents to the exclusive jurisdiction and venue of the Bankruptcy Court in any action to enforce, interpret or construe any provision of this Liquidating Litigation Trust Agreement or of any other agreement or document delivered in connection with this Liquidating Litigation Trust Agreement, and also hereby irrevocably waives any defense of improper venue, forum non conveniens or lack of personal jurisdiction to any such action brought in the Bankruptcy Court. Each party further irrevocably agrees that any action to enforce, interpret, or construe any provision of this Liquidating Litigation Trust Agreement will be brought only in the Bankruptcy Court. Each party hereby irrevocably consents to the service by certified or registered mail, return receipt requested, of any process in any action to enforce, interpret or construe any provision of this Liquidating Litigation Trust Agreement.