Common use of SERVICE OF PROCESS AND ENFORCEMENT OF CIVIL LIABILITIES Clause in Contracts

SERVICE OF PROCESS AND ENFORCEMENT OF CIVIL LIABILITIES. Each of the Issuer and the Guarantor is a corporation organised under the laws of Hong Kong. All of the officers and directors of the Issuer and the Guarantor named herein reside outside the United States and all or a substantial portion of the assets of the Issuer and the Guarantor and such officers and directors are or may be located outside the United States. As a result, it may not be possible for investors to effect service of process outside Hong Kong upon the Issuer and the Guarantor or such persons, or to enforce judgments against them obtained in courts outside Hong Kong predicated upon civil liabilities of the Issuer and the Guarantor or such directors and officers under laws other than Hong Kong law, including any judgment predicated upon United States federal or state securities laws. The Issuer and the Guarantor have been advised by Xxxxxxxxx and Xxx, their counsel, that there is doubt as to the enforceability in Hong Kong in original actions or in actions for enforcement of judgments of United States courts of civil liabilities predicated solely upon the federal or state securities laws of the United States.