Common use of Submission to Jurisdiction; Consent to Service of Process; Waiver of Jury Trial Clause in Contracts

Submission to Jurisdiction; Consent to Service of Process; Waiver of Jury Trial. (a) Without limiting any Party’s right to appeal any order of the Bankruptcy Court, (i) the Bankruptcy Court will retain exclusive jurisdiction to enforce the terms of this Agreement and to decide any claims or disputes which may arise or result from, or be connected with, this Agreement, any breach or default hereunder, or the Transactions, and (ii) any and all proceedings related to the foregoing will be filed and maintained only in the Bankruptcy Court, and the Parties hereby consent to and submit to the jurisdiction and venue of the Bankruptcy Court for such purposes and will receive notices at such locations as indicated in ‎Section 9.2; provided, however, that if the Bankruptcy Proceeding has been closed pursuant to Section 350 of the Bankruptcy Code, the Parties agree to unconditionally and irrevocably submit to the exclusive jurisdiction of the United States District Court for the Southern District of New York, or in the event (but only in the event) that such court does not have subject matter jurisdiction over such Action, in the Supreme Court of the State of New York, New York County, for the resolution of any such claim or dispute. The Parties hereby irrevocably waive, to the fullest extent permitted by applicable Law, any objection which they may now or hereafter have to the laying of venue of any such Action brought in such court or any defense of inconvenient forum for the maintenance of such dispute. Each of the Parties agrees that a judgment in any such dispute may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by Law.

Submission to Jurisdiction; Consent to Service of Process; Waiver of Jury Trial. (a) Without limiting any Party’s right to appeal any order Each of the Bankruptcy Court, Parties hereby irrevocably and unconditionally (i) the Bankruptcy Court will retain exclusive jurisdiction to enforce the terms of this Agreement submits, for itself and to decide any claims or disputes which may arise or result fromits property, or be connected with, this Agreement, any breach or default hereunder, or the Transactions, and (ii) any and all proceedings related to the foregoing will be filed and maintained only in the Bankruptcy Court, and the Parties hereby consent to and submit to the exclusive jurisdiction and venue of any state court within the Bankruptcy Court for such purposes and will receive notices at such locations as indicated County of New York, State of New York (or in ‎Section 9.2; provided, however, that if the Bankruptcy Proceeding has been closed pursuant to Section 350 event of the Bankruptcy Codeexclusive federal jurisdiction, the Parties agree to unconditionally and irrevocably submit to the exclusive jurisdiction courts of the United States District Court for the Southern District of New York) in any Legal Proceeding arising out of or relating to any dispute, controversy or claim, whether based on contract, tort, statute, fraud, misrepresentation or any other legal theory arising out of or relating to this Agreement or any right or obligation under this Agreement (“Dispute”), including as to this Agreement’s existence, enforceability, validity, interpretation, performance, breach or damages, including claims in tort (but excluding any claims solely for specific performance, injunctive relief or any other equitable remedy), whether arising before or after the termination of this Agreement, and agrees that all claims in respect of any such Legal Proceeding shall be heard and determined in such state court within the County of New York, State of New York (or in the event (but only in of exclusive federal jurisdiction, the event) that such court does not have subject matter jurisdiction over such Action, in the Supreme Court courts of the State Southern District of New York), New York County, for the resolution of any such claim or dispute. The Parties hereby irrevocably waive(ii) waives, to the fullest extent permitted by applicable Lawit may legally and effectively do so, any objection which they it may now or hereafter have to the laying of venue of any Legal Proceeding arising out of or relating to any such Action brought Dispute in such any state court within the County of New York, State of New York, or any federal court of the Southern District of New York, (iii) waives, to the fullest extent permitted by Law, the defense of an inconvenient forum for or any other challenge to the maintenance laying of such dispute. Each of the Parties venue as set forth herein and (iv) agrees that a final non-appealable judgment in any such dispute Legal Proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the such judgment or in any other manner provided by Law.

Submission to Jurisdiction; Consent to Service of Process; Waiver of Jury Trial. (a) Without limiting any Party’s right to appeal any order of the Bankruptcy Court, (i) the Bankruptcy Court will retain exclusive jurisdiction to enforce the terms of this Agreement and to decide any claims or disputes which may arise or result from, or be connected with, this Agreement, any breach or default hereunder, or the Transactions, and (ii) any and all proceedings related to the foregoing will be filed and maintained only in the Bankruptcy Court, and the Parties hereby consent to and submit to the jurisdiction and venue of the Bankruptcy Court for such purposes and will receive notices at such locations as indicated in ‎Section 9.2Section 8.12; provided, however, that if the Bankruptcy Proceeding has been closed pursuant to Section section 350 of the Bankruptcy Code, the Parties agree to unconditionally and irrevocably submit to the exclusive jurisdiction of the United States District Court for the Southern District of New York, or in the event (but only in the event) that such court does not have subject matter jurisdiction over such Action, in the Supreme Court of the State of New York, County of New York CountyYork, for the resolution of any such claim or dispute. The Parties hereby irrevocably waive, to the fullest extent permitted by applicable Law, any objection which they may now or hereafter have to the laying of venue of any such Action brought in such court or any defense of inconvenient forum for the maintenance of such dispute. Each of the Parties agrees that a judgment in any such dispute may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by LawXxx.

Submission to Jurisdiction; Consent to Service of Process; Waiver of Jury Trial. (a) Without limiting any Party’s right to appeal any order of the Bankruptcy Court, (i) the Bankruptcy Court will retain exclusive jurisdiction to enforce the terms of this Agreement and to decide any claims or disputes which may arise or result from, or be connected with, this Agreement, any breach or default hereunder, or the Transactions, and (ii) any and all proceedings related to the foregoing will be filed and maintained only in the Bankruptcy Court, and the Parties hereby consent to and submit to the jurisdiction and venue of the Bankruptcy Court for such purposes and will receive notices at such locations as indicated in ‎Section 9.2Section 8.8 (Notices); provided, however, that if the Bankruptcy Proceeding has been closed pursuant to Section section 350 of the Bankruptcy Code, the Parties agree to unconditionally and irrevocably submit to the exclusive jurisdiction of the United States District Court for the Southern District of New York, or in the event (but only in the event) that such court does not have subject matter jurisdiction over such Action, in the Supreme Court courts of the State of New York located in the City of New York, New York CountyBorough of Manhattan, for the resolution of any such claim or dispute. The Parties hereby irrevocably waive, to the fullest extent permitted by applicable Law, any objection which they may now or hereafter have to the laying of venue of any such Action brought in such court or any defense of inconvenient forum for the maintenance of such dispute. Each of the Parties agrees that a judgment in any such dispute may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by LawXxx.

Submission to Jurisdiction; Consent to Service of Process; Waiver of Jury Trial. (a) Without limiting any Party’s right to appeal any order Each of the Bankruptcy Court, (i) the Bankruptcy Court will retain exclusive jurisdiction to enforce the terms of this Agreement Purchaser and to decide any claims or disputes which may arise or result from, or be connected with, this Agreement, any breach or default hereunder, or the Transactions, and (ii) any and all proceedings related to the foregoing will be filed and maintained only in the Bankruptcy Court, and the Parties hereby consent to and submit to the jurisdiction and venue of the Bankruptcy Court for such purposes and will receive notices at such locations as indicated in ‎Section 9.2; provided, however, that if the Bankruptcy Proceeding has been closed pursuant to Section 350 of the Bankruptcy Code, the Parties agree to unconditionally and Seller irrevocably submit submits to the exclusive jurisdiction of any New York federal court (or if jurisdiction is not available therein, a New York state court) sitting in the United States District Court for Borough of Manhattan of the Southern District City of New York, and any appellate court from any thereof, for the purposes of any suit, action, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of or relating to this Agreement, the other agreements contemplated hereby or any transaction contemplated hereby. Each of Purchaser and Seller hereby agree to commence any action, suit or proceeding relating hereto in a New York federal court (or if jurisdiction is not available therein, a New York state court) sitting in the event (but only in the event) that such court does not have subject matter jurisdiction over such Action, in the Supreme Court Borough of Manhattan of the State City of New York, New York County, for . To the resolution of any such claim or dispute. The Parties hereby irrevocably waive, to the fullest extent process by mail is permitted by applicable Lawlaw, each of Purchaser and Seller agrees that service of any process, summons, notice or document by U.S. registered mail to such party’s respective address set forth above shall be effective service of process for any action, suit or proceeding in New York with respect to any matters to which it has submitted to jurisdiction in this Section 8.7. Each of Purchaser and Seller irrevocably and unconditionally waives any objection which they may now or hereafter have to the laying of venue of any action, suit or proceeding arising out of this Agreement or the transactions contemplated hereby in any New York federal court sitting in the Borough of Manhattan of the City of New York, and any appellate court from any thereof, and hereby further irrevocably and unconditionally waives and agrees not to plead or claim in any such Action court that any such action, suit or proceeding brought in any such court or any defense of has been brought in an inconvenient forum for the maintenance of such disputeforum. Each of Purchaser and Seller irrevocably waives any objections or immunities to jurisdiction to which it may otherwise be entitled or become entitled (including sovereign immunity, immunity to pre-judgment attachment, post-judgment attachment and execution) in any legal suit, action or proceeding against it arising out of or relating to this Agreement or the Parties agrees that a judgment transactions contemplated hereby which is instituted in any such dispute may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by Lawcourt.

Submission to Jurisdiction; Consent to Service of Process; Waiver of Jury Trial. (a) Without limiting any Party’s right to appeal any order of the Bankruptcy Court, (i) the Bankruptcy Court will retain exclusive jurisdiction to enforce the terms of this Agreement and to decide any claims or disputes which may arise or result from, or be connected with, this Agreement, any breach or default hereunder, or the Transactions, and (ii) any and all proceedings related to the foregoing will be filed and maintained only in the Bankruptcy Court, and the Parties The parties hereto hereby consent to and submit to the jurisdiction and venue of the Bankruptcy Court for such purposes and will receive notices at such locations as indicated in ‎Section 9.2; provided, however, that if the Bankruptcy Proceeding has been closed pursuant to Section 350 of the Bankruptcy Code, the Parties agree to unconditionally and irrevocably submit to the exclusive jurisdiction of any federal or state court located within the United States District Court for the Southern District borough of New York, or in the event (but only in the event) that such court does not have subject matter jurisdiction over such Action, in the Supreme Court Manhattan of the City, County and State of New YorkYork over any dispute arising out of or relating to this Warrant or any suit, New York County, for the resolution of any action proceeding related thereto may be heard and determined in such claim or disputecourts. The Parties parties hereby irrevocably waive, to the fullest extent permitted by applicable Lawlaw, any objection which they may now or hereafter have to the laying of venue of any such Action dispute brought in such court or any defense of inconvenient forum for the maintenance of such dispute. Each of the Parties parties hereto agrees that a judgment in any such dispute may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by Lawlaw. Each of the parties hereto hereby consents to process being served by any party to this Warrant in any suit, action or proceeding by the delivery of a copy thereof in accordance with the provisions of Section 16. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHTS TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS WARRANT.

Submission to Jurisdiction; Consent to Service of Process; Waiver of Jury Trial. (a) Without limiting any Party’s right to appeal any order of the Bankruptcy Court, (i) the Bankruptcy Court will retain exclusive jurisdiction to enforce the terms of this Agreement and to decide any claims or disputes which may arise or result from, or be connected with, this Agreement, any breach or default hereunder, or the Transactions, and (ii) any and all proceedings related to the foregoing will be filed and maintained only in the Bankruptcy Court, and the Parties The parties hereto hereby consent to and submit to the jurisdiction and venue of the Bankruptcy Court for such purposes and will receive notices at such locations as indicated in ‎Section 9.2; provided, however, that if the Bankruptcy Proceeding has been closed pursuant to Section 350 of the Bankruptcy Code, the Parties agree to unconditionally and irrevocably submit to the exclusive jurisdiction of the United States District Court for the Southern District of New York, York (and any courts from which appeals from judgments of that court are heard) as to any dispute or in the event (but only in the event) that such court does not have claim as to which there is subject matter jurisdiction over such Actionin that court and, for all other disputes or claims, the parties consent to exclusive jurisdiction in the Supreme Court of the State of New York, New York CountyCounty (and any courts from which appeals from judgments of that court are heard) over any dispute arising out of or relating to this Agreement or any of the transactions contemplated hereby and each party hereby irrevocably agrees that all claims in respect of such dispute or any suit, for the resolution of any action proceeding related thereto may be heard and determined in such claim or disputecourts. The Parties parties hereby irrevocably waive, to the fullest extent permitted by applicable Applicable Law, any objection which they may now or hereafter have to the laying of venue of any such Action dispute brought in such court or any defense of inconvenient forum for the maintenance of such dispute. Each of the Parties parties hereto agrees that a judgment in any such dispute may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by Applicable Law.