Common use of Submission to Jurisdiction; Appointment of Agents for Service Clause in Contracts

Submission to Jurisdiction; Appointment of Agents for Service. Each of the Company and Desert Newco irrevocably submits to the non-exclusive jurisdiction of any New York State or United States Federal court sitting in The City of New York over any suit, action or proceeding arising out of or relating to this Agreement, the Prospectus, the Registration Statement or the offering of the Shares (each, a “Related Proceeding”). Each of the Company and Desert Newco irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of venue of any Related Proceeding brought in such a court and any claim that any such Related Proceeding brought in such a court has been brought in an inconvenient forum. To the extent that each of the Company or Desert Newco has or hereafter may acquire any immunity (on the grounds of sovereignty or otherwise) from the jurisdiction of any court or from any legal process with respect to itself or its property, each of the Company and Desert Newco irrevocably waives, to the fullest extent permitted by law, such immunity in respect of any such suit, action or proceeding.