Submission to Jurisdiction, Etc. Each party hereby submits to the exclusive jurisdiction of the U.S. federal and New York state courts sitting in the Borough of Manhattan, City of New York, in any suit or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby. The parties hereby irrevocably and unconditionally waive any objection to the laying of venue of any lawsuit, action or other proceeding in such courts, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such lawsuit, action or other proceeding brought in any such court has been brought in an inconvenient forum. The Company irrevocably designates and appoints Fulgent Genetics, Inc., 0000 Xxxxx Xxxxx Xxxxxx, Suite 205, Temple City, California 91780, as its authorized agent in the United States upon which process may be served in any such suit or proceeding, and agrees that service of process upon such authorized agent be certified or registered mail, or by personal delivery by Federal Express, to such authorized agent shall be deemed in every respect effective service of process upon the Company in any such suit or proceeding. The Company further agrees to take any and all actions as may be necessary to maintain such designation and appointment of such agent in full force and effect for a period of five years from the date of this Agreement.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Fulgent Genetics, Inc.), Equity Distribution Agreement (Fulgent Genetics, Inc.), Equity Distribution Agreement (Fulgent Genetics, Inc.)
Submission to Jurisdiction, Etc. Each party The Company hereby submits to the non-exclusive jurisdiction of the U.S. federal and New York state courts sitting in the Borough of Manhattan, The City of New York, York in any suit or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby. The parties hereby irrevocably and unconditionally waive any objection to the laying of venue of any lawsuit, action or other proceeding in such courts, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such lawsuit, action or other proceeding brought in any such court has been brought in an inconvenient forum. The Company irrevocably designates and appoints Fulgent Genetics, Kornit Digital North America Inc., 0000 Xxxxx Xxxxx Xxxxxx, Suite 205, Temple City, California 91780, as its authorized agent in the United States Borough of Manhattan, The City of New York, New York upon which process may be served in any such suit or proceeding, and agrees that service of process upon such authorized agent be certified or registered mailagent, or and written notice of said service to the Company by personal delivery by Federal Express, the person serving the same to such authorized agent the address provided in Section 8 shall be deemed in every respect effective service of process upon the Company in any such suit or proceeding. The Company further agrees to take any and all actions as may be necessary to maintain such designation and appointment of such agent in full force and effect for a period of five seven years from the date of this Agreement.
Appears in 2 contracts
Samples: Underwriting Agreement (Kornit Digital Ltd.), Underwriting Agreement (Kornit Digital Ltd.)
Submission to Jurisdiction, Etc. Each party The Company hereby submits to the exclusive jurisdiction of the U.S. federal and New York state courts sitting in the Borough of Manhattan, the City of New York, York in any suit or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby. The parties hereby irrevocably and unconditionally waive any objection to the laying of venue of any lawsuit, action or other proceeding in such courts, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such lawsuit, action or other proceeding brought in any such court has been brought in an inconvenient forum. The Company irrevocably designates and appoints Fulgent GeneticsReWalk Robotics, Inc.Inc. 00 Xxxxx Xxxxx, 0000 Xxxxx Xxxxx XxxxxxMarlborough, Suite 205, Temple City, California 91780Massachusetts 01752, as its authorized agent in the United States upon which process may be served in any such suit or proceeding, and agrees that service of process upon such authorized agent be certified or registered mailagent, or and written notice of said service to the Company by personal delivery by Federal Express, the person serving the same to such authorized agent the address provided in Section 14 shall be deemed in every respect effective service of process upon the Company in any such suit or proceeding. The Company further agrees to take any and all actions as may be necessary to maintain such designation and appointment of such agent in full force and effect for a period of five years from the date of this Agreement.
Appears in 2 contracts
Samples: Underwriting Agreement (ReWalk Robotics Ltd.), Underwriting Agreement (ReWalk Robotics Ltd.)
Submission to Jurisdiction, Etc. Each party hereby submits to the exclusive jurisdiction of the U.S. federal and New York state courts sitting in the Borough of Manhattan, City of New York, in any suit or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby. The parties hereby irrevocably and unconditionally waive any objection to the laying of venue of any lawsuit, action or other proceeding in such courts, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such lawsuit, action or other proceeding brought in any such court has been brought in an inconvenient forum. The Company irrevocably designates and appoints Fulgent Genetics, EDAP Technomed Inc., 0000 5000 Xxxxxxxxxx Xxxx Xxxx., Xxxxx Xxxxx 000, Xxxxxx, Suite 205, Temple City, California 91780XX 00000, as its authorized agent in the United States upon which process may be served in any such suit or proceeding, and agrees that service of process upon such authorized agent be certified or registered mail, or by personal delivery by Federal Express, to such authorized agent shall be deemed in every respect effective service of process upon the Company in any such suit or proceeding. The Company further agrees to take any and all actions as may be necessary to maintain such designation and appointment of such agent in full force and effect for a period of five years from the date of this Agreement.
Appears in 2 contracts
Samples: Underwriting Agreement (Edap TMS Sa), Purchase Agreement (Edap TMS Sa)
Submission to Jurisdiction, Etc. Each party The Company and the Selling Shareholder hereby submits submit to the exclusive jurisdiction of the U.S. federal and New York state courts sitting in the Borough of Manhattan, The City of New York, York in any suit or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby. The parties hereby irrevocably and unconditionally waive any objection to the laying of venue of any lawsuit, action or other proceeding in such courts, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such lawsuit, action or other proceeding brought in any such court has been brought in an inconvenient forum. The Company irrevocably designates and appoints Fulgent Genetics, Kornit Digital North America Inc., 0000 Xxxxx Xxxxx Xxxxxx, Suite 205, Temple City, California 91780, as its authorized agent in the United States Borough of Manhattan, The City of New York, New York upon which process may be served in any such suit or proceeding, and agrees agree that service of process upon such authorized agent be certified or registered mailagent, or and written notice of said service to the Company by personal delivery by Federal Express, the person serving the same to such authorized agent the address provided in Section 16 shall be deemed in every respect effective service of process upon the Company in any such suit or proceeding. The Company further agrees to take any and all actions as may be necessary to maintain such designation and appointment of such agent in full force and effect for a period of five seven years from the date of this Agreement.
Appears in 2 contracts
Samples: Underwriting Agreement (Kornit Digital Ltd.), Underwriting Agreement (Kornit Digital Ltd.)
Submission to Jurisdiction, Etc. Each party hereby submits to the exclusive jurisdiction of the U.S. federal and New York state courts sitting in the Borough of Manhattan, City of New York, in any suit or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby. The parties hereby irrevocably and unconditionally waive any objection to the laying of venue of any lawsuit, action or other proceeding in such courts, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such lawsuit, action or other proceeding brought in any such court has been brought in an inconvenient forum. The Company irrevocably designates and appoints Fulgent Genetics, Inc., 0000 Xxxxx Xxxxx C T Corporation System 00 Xxxxxxx Xxxxxx, Suite 205Xxx Xxxx, Temple City, California 91780XX 00000, as its authorized agent in the United States upon which process may be served in any such suit or proceeding, and agrees that service of process upon such authorized agent be certified or registered mail, or by personal delivery by Federal Express, to such authorized agent shall be deemed in every respect effective service of process upon the Company in any such suit or proceeding. The Company further agrees to take any and all actions as may be necessary to maintain such designation and appointment of such agent in full force and effect for a period of five years from the date of this Agreement.
Appears in 2 contracts
Samples: Equity Distribution Agreement (IMV Inc.), Equity Distribution Agreement (IMV Inc.)
Submission to Jurisdiction, Etc. Each party The Company hereby submits to the non-exclusive jurisdiction of the U.S. federal and New York state courts sitting in the Borough of Manhattan, The City of New York, York in any suit or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby. The parties hereby irrevocably and unconditionally waive any objection to the laying of venue of any lawsuit, action or other proceeding in such courts, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such lawsuit, action or other proceeding brought in any such court has been brought in an inconvenient forum. The Company irrevocably designates and appoints Fulgent Genetics, Invasix Inc., 0000 20000 Xxxx Xxxxxxx, Xxxxx Xxxxx 000, Xxxx Xxxxxx, Suite 205, Temple City, California 91780Xxxxxxxxxx 00000, as its authorized agent in the United States upon which process may be served in any such suit or proceeding, and agrees that service of process upon such authorized agent be certified or registered mailagent, or and written notice of said service to the Company by personal delivery by Federal Express, the person serving the same to such authorized agent the address provided in Section 14 shall be deemed in every respect effective service of process upon the Company in any such suit or proceeding. The Company further agrees to take any and all actions as may be necessary to maintain such designation and appointment of such agent in full force and effect for a period of five seven years from the date of this Agreement.
Appears in 2 contracts
Samples: Underwriting Agreement (InMode Ltd.), Underwriting Agreement (InMode Ltd.)
Submission to Jurisdiction, Etc. Each party The Company hereby submits to the non-exclusive jurisdiction of the U.S. federal and New York state courts sitting in the Borough of Manhattan, The City of New York, York in any suit or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby. The parties hereby irrevocably and unconditionally waive any objection to the laying of venue of any lawsuit, action or other proceeding in such courts, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such lawsuit, action or other proceeding brought in any such court has been brought in an inconvenient forum. The Company irrevocably designates and appoints Fulgent Geneticsits wholly owned U.S. subsidiary, Foamix Pharmaceuticals Inc., 0000 Xxxxx Xxxxx Xxxxxx, Suite 205, Temple City, California 91780, as its authorized agent in the United States upon which process may be served in any such suit or proceeding, and agrees agree that service of process upon such authorized agent be certified or registered mailagent, or and written notice of said service to the Company by personal delivery by Federal Express, the person serving the same to such authorized agent the address provided on the signature page hereto shall be deemed in every respect effective service of process upon the Company in any such suit or proceeding. The Company further agrees to take any and all actions as may be necessary to maintain such designation and appointment of such agent in full force and effect for a period of five seven years from the date of this Agreement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Foamix Pharmaceuticals Ltd.), Securities Purchase Agreement (Foamix Pharmaceuticals Ltd.)
Submission to Jurisdiction, Etc. Each party The Company hereby submits to the non-exclusive jurisdiction of the U.S. federal and New York state courts sitting in the Borough of Manhattan, The City of New York, York in any suit or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby. The parties hereby irrevocably and unconditionally waive any objection to the laying of venue of any lawsuit, action or other proceeding in such courts, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such lawsuit, action or other proceeding brought in any such court has been brought in an inconvenient forum. The Company irrevocably designates and appoints Fulgent Genetics, Xxxxxx Fiduciary Services (Delaware) Inc., 0000 Xxxxx Xxxxx XxxxxxXxxxxxx Xxxx, Suite 205302, Temple CityWilmington, California 91780Delaware 19807, as its authorized agent in the United States State of Delaware upon which process may be served in any such suit or proceeding, and agrees that service of process upon such authorized agent be certified or registered mailagent, or and written notice of said service to the Company by personal delivery by Federal Express, the person serving the same to such authorized agent the address provided in Section 14 shall be deemed in every respect effective service of process upon the Company in any such suit or proceeding. The Company further agrees to take any and all actions as may be necessary to maintain such designation and appointment of such agent in full force and effect for a period of five seven years from the date of this Agreement.
Appears in 2 contracts
Samples: Underwriting Agreement (Aurora Acquisition Corp.), Underwriting Agreement (Aurora Acquisition Corp.)
Submission to Jurisdiction, Etc. Each party The Company hereby submits to the exclusive jurisdiction of the U.S. federal and New York state courts sitting in the Borough of Manhattan, The City of New York, York in any suit or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby. The parties hereby irrevocably and unconditionally waive any objection to the laying of venue of any lawsuit, action or other proceeding in such courts, and hereby further irrevocably and unconditionally waive and agree agrees not to plead or claim in any such court that any such lawsuit, action or other proceeding brought in any such court has been brought in an inconvenient forum. The Company irrevocably designates and appoints Fulgent Genetics, Cogency Global Inc., 0000 Xxxxx Xxxxx Xxxxxx, Suite 205, Temple City, California 91780, as its authorized agent in the United States Borough of Manhattan, The City of New York, New York upon which process may be served in any such suit or proceeding, and agrees that service of process upon such authorized agent be certified or registered mailagent, or and written notice of said service to the Company by personal delivery by Federal Express, the person serving the same to such authorized agent the address provided in Section 16 shall be deemed in every respect effective service of process upon the Company in any such suit or proceeding. The Company further agrees to take any and all actions as may be necessary to maintain such designation and appointment of such agent in full force and effect for a period of five seven years from the date of this Agreement.
Appears in 1 contract
Samples: Underwriting Agreement (Ebang International Holdings Inc.)
Submission to Jurisdiction, Etc. Each party hereby submits to the exclusive jurisdiction of the U.S. federal and New York state courts sitting in the Borough of Manhattan, City of New York, in any suit or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby. The parties hereby irrevocably and unconditionally waive any objection to the laying of venue of any lawsuit, action or other proceeding in such courts, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such lawsuit, action or other proceeding brought in any such court has been brought in an inconvenient forum. The Company irrevocably designates and appoints Fulgent GeneticsXBiotech USA, Inc., 0000 Xxxxx Xxxxx Xxxxxxxxx Xxxx, Xxxxxx, Suite 205, Temple City, California 91780XX 00000, as its authorized agent in the United States upon which process may be served in any such suit or proceeding, and agrees that service of process upon such authorized agent be certified or registered mail, or by personal delivery by Federal Express, to such authorized agent shall be deemed in every respect effective service of process upon the Company in any such suit or proceeding. The Company further agrees to take any and all actions as may be necessary to maintain such designation and appointment of such agent in full force and effect for a period of five years from the date of this Agreement.
Appears in 1 contract
Submission to Jurisdiction, Etc. Each party The Company hereby submits to the non-exclusive jurisdiction of the U.S. federal and New York state courts sitting in the Borough of Manhattan, The City of New York, York in any suit or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby. The parties hereby irrevocably and unconditionally waive any objection to the laying of venue of any lawsuit, action or other proceeding in such courts, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such lawsuit, action or other proceeding brought in any such court has been brought in an inconvenient forum. The Company irrevocably designates and appoints Fulgent Genetics, Inc., 0000 Xxxxx Xxxxx Xxxxxx, Suite 205, Temple City, California 91780, Xxxxxxx & Associates as its authorized agent in the United States Borough of Manhattan, The City of New York, New York upon which process may be served in any such suit or proceeding, and agrees that service of process upon such authorized agent be certified or registered mailagent, or and written notice of said service to the Company by personal delivery by Federal Express, the person serving the same to such authorized agent the address provided in Section 14 shall be deemed in every respect effective service of process upon the Company in any such suit or proceeding. The Company further agrees to take any and all actions as may be necessary to maintain such designation and appointment of such agent in full force and effect for a period of five seven years from the date of this Agreement.
Appears in 1 contract
Samples: Underwriting Agreement (Foamix Pharmaceuticals Ltd.)
Submission to Jurisdiction, Etc. Each party The Company hereby submits to the non-exclusive jurisdiction of the U.S. federal and New York state courts sitting in the Borough of Manhattan, The City of New York, York in any suit or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby. The parties hereby irrevocably and unconditionally waive any objection to the laying of venue of any lawsuit, action or other proceeding in such courts, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such lawsuit, action or other proceeding brought in any such court has been brought in an inconvenient forum. The Company irrevocably designates and appoints Fulgent Genetics, Kornit Digital North America Inc., 0000 Xxxxx Xxxxx Xxxxxx, Suite 205, Temple City, California 91780, as its authorized agent in the United States Borough of Manhattan, The City of New York, New York upon which process may be served in any such suit or proceeding, and agrees that service of process upon such authorized agent be certified or registered mailagent, or and written notice of said service to the Company by personal delivery by Federal Express, the person serving the same to such authorized agent the address provided in Section 14 shall be deemed in every respect effective service of process upon the Company in any such suit or proceeding. The Company further agrees to take any and all actions as may be necessary to maintain such designation and appointment of such agent in full force and effect for a period of five seven years from the date of this Agreement.
Appears in 1 contract
Submission to Jurisdiction, Etc. Each party The Company hereby submits to the non-exclusive jurisdiction of the U.S. federal and New York state courts sitting in the Borough of Manhattan, The City of New York, York in any suit or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby. The parties hereby irrevocably and unconditionally waive any objection to the laying of venue of any lawsuit, action or other proceeding in such courts, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such lawsuit, action or other proceeding brought in any such court has been brought in an inconvenient forum. The Company irrevocably designates and appoints Fulgent Genetics, Inc., 0000 Xxxxx Xxxxx Xxxxxx, Suite 205000 Xxxxx Xxxxxx, Temple CityGreenwich, California 91780Connecticut 06830, as its authorized agent in the United States State of Connecticut upon which process may be served in any such suit or proceeding, and agrees that service of process upon such authorized agent be certified or registered mailagent, or and written notice of said service to the Company by personal delivery by Federal Express, the person serving the same to such authorized agent the address provided in Section 14 shall be deemed in every respect effective service of process upon the Company in any such suit or proceeding. The Company further agrees to take any and all actions as may be necessary to maintain such designation and appointment of such agent in full force and effect for a period of five seven years from the date of this Agreement.
Appears in 1 contract
Samples: Underwriting Agreement (Pegasus Digital Mobility Acquisition Corp.)
Submission to Jurisdiction, Etc. Each party The Company hereby submits to the exclusive jurisdiction of the U.S. federal and New York state courts sitting in the Borough of Manhattan, Manhattan in The City of New York, York in any suit or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby. The parties hereby irrevocably and unconditionally waive any objection to the laying of venue of any lawsuit, action or other proceeding in such courts, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such lawsuit, action or other proceeding brought in any such court has been brought in an inconvenient forum. The Company irrevocably designates and appoints Fulgent Genetics, Inc., 0000 Xxxxx Xxxxx Xxxxxx, Suite 205, Temple City, California 91780CT Corporation System, as its authorized agent in the United States upon which process may be served in any such suit or proceeding, and agrees that service of process upon such authorized agent be certified or registered mailagent, or and written notice of said service to the Company by personal delivery by Federal Express, the person serving the same to such authorized agent the address provided in Section 16(a) shall be deemed in every respect effective service of process upon the Company in any such suit or proceeding. The Company represents and warrants that such agent has agreed to act as the Company’s agent for service of process, and the Company further agrees to take any and all actions as may be necessary to maintain such designation and appointment of such agent in full force and effect for a period of five seven years from the date of this Agreement.
Appears in 1 contract
Submission to Jurisdiction, Etc. Each party hereby submits to the exclusive jurisdiction of the U.S. federal and New York state courts sitting in the Borough of Manhattan, City of New York, in any suit or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby. The parties hereby irrevocably and unconditionally waive any objection to the laying of venue of any lawsuit, action or other proceeding in such courts, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such lawsuit, action or other proceeding brought in any such court has been brought in an inconvenient forum. The Company irrevocably designates and appoints Fulgent Genetics, Inc.Xxxx Xxxxxx, 0000 Xxxxx Xxxxx Xxxx 00xx Xxxxxx, Suite 205Xxxxxxxxxxxx, Temple City, California 91780XX 00000, as its authorized agent in the United States upon which process may be served in any such suit or proceeding, and agrees that service of process upon such authorized agent be certified or registered mail, or by personal delivery by Federal Express, to such authorized agent shall be deemed in every respect effective service of process upon the Company in any such suit or proceeding. The Company further agrees to take any and all actions as may be necessary to maintain such designation and appointment of such agent in full force and effect for a period of five years from the date of this Agreement.
Appears in 1 contract
Samples: Equity Distribution Agreement (POINT Biopharma Global Inc.)
Submission to Jurisdiction, Etc. Each party The Company hereby submits to the non-exclusive jurisdiction of the U.S. federal and New York state courts sitting in the Borough of Manhattan, The City of New York, York in any suit or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby. The parties Company hereby irrevocably and unconditionally waive waives any objection to the laying of venue of any lawsuit, action or other proceeding in such courts, and hereby further irrevocably and unconditionally waive waives and agree agrees not to plead or claim in any such court that any such lawsuit, action or other proceeding brought in any such court has been brought in an inconvenient forum. The Company irrevocably designates and appoints Fulgent Geneticsits wholly-owned subsidiary, Foamix Pharmaceuticals Inc., 0000 Xxxxx Xxxxx Xxxxxx, Suite 205, Temple City, California 91780, as its authorized agent in the United States upon which process may be served in any such suit or proceeding, and agrees agree that service of process upon such authorized agent be certified or registered mailagent, or and written notice of said service to the Company by personal delivery by Federal Express, the person serving the same to such authorized agent the address provided in Section 14 shall be deemed in every respect effective service of process upon the Company in any such suit or proceeding. The Company further agrees to take any and all actions as may be necessary to maintain such designation and appointment of such agent in full force and effect for a period of five seven years from the date of this Agreement.
Appears in 1 contract
Samples: Underwriting Agreement (Foamix Pharmaceuticals Ltd.)
Submission to Jurisdiction, Etc. Each party hereby submits to the exclusive jurisdiction of the U.S. federal and New York state courts sitting in the Borough of Manhattan, City of New York, in any suit or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby. The parties hereby irrevocably and unconditionally waive any objection to the laying of venue of any lawsuit, action or other proceeding in such courts, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such lawsuit, action or other proceeding brought in any such court has been brought in an inconvenient forum. The Company irrevocably designates and appoints Fulgent GeneticsXxxxxx Xxxxx, Inc.with offices at 00000 Xxxxxxxx Xxxx, 0000 Xxxxx Xxxxx XxxxxxXxxxxxx, Suite 205, Temple City, California 91780Xxxxxxxxxx 00000, as its authorized agent in the United States upon which process may be served in any such suit or proceeding, and agrees that service of process upon such authorized agent be certified or registered mail, or by personal delivery by Federal Express, to such authorized agent shall be deemed in every respect effective service of process upon the Company in any such suit or proceeding. The Company further agrees to take any and all actions as may be necessary to maintain such designation and appointment of such agent in full force and effect for a period of five years from the date of this Agreement.
Appears in 1 contract
Samples: Equity Distribution Agreement (Cytek Biosciences, Inc.)
Submission to Jurisdiction, Etc. Each party The Company hereby submits to the non-exclusive jurisdiction of the U.S. federal and New York state courts sitting in the Borough of Manhattan, The City of New York, York in any suit or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby. The parties hereby irrevocably and unconditionally waive any objection to the laying of venue of any lawsuit, action or other proceeding in such courts, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such lawsuit, action or other proceeding brought in any such court has been brought in an inconvenient forum. The Company irrevocably designates and appoints Fulgent GeneticsJxxxx Xxxxxx, Inc., 0000 Xxxxx 200 Xxxxx Xxxxxx, Suite 205Greenwich, Temple City, California 91780Connecticut 06830, as its authorized agent in the United States State of Connecticut upon which process may be served in any such suit or proceeding, and agrees that service of process upon such authorized agent be certified or registered mailagent, or and written notice of said service to the Company by personal delivery by Federal Express, the person serving the same to such authorized agent the address provided in Section 14 shall be deemed in every respect effective service of process upon the Company in any such suit or proceeding. The Company further agrees to take any and all actions as may be necessary to maintain such designation and appointment of such agent in full force and effect for a period of five seven years from the date of this Agreement.
Appears in 1 contract
Samples: Underwriting Agreement (Pegasus Digital Mobility Acquisition Corp.)
Submission to Jurisdiction, Etc. Each party hereby submits to the exclusive jurisdiction of the U.S. federal and New York state courts sitting in the Borough of Manhattan, City of New York, in any suit or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby. The parties hereby irrevocably and unconditionally waive any objection to the laying of venue of any lawsuit, action or other proceeding in such courts, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such lawsuit, action or other proceeding brought in any such court has been brought in an inconvenient forum. The Company irrevocably designates and appoints Fulgent Genetics, Inc., 0000 Xxxxx Xxxxx Xxxxxx, Suite 205, Temple City, California 91780[Name of Process Agent] [Address of Process Agent], as its authorized agent in the United States upon which process may be served in any such suit or proceeding, and agrees that service of process upon such authorized agent be certified or registered mail, or by personal delivery by Federal Express, to such authorized agent shall be deemed in every respect effective service of process upon the Company in any such suit or proceeding. The Company further agrees to take any and all actions as may be necessary to maintain such designation and appointment of such agent in full force and effect for a period of five years from the date of this Agreement.
Appears in 1 contract
Samples: Purchase Agreement (OncoCyte Corp)
Submission to Jurisdiction, Etc. Each party hereby submits to the exclusive jurisdiction of the U.S. federal and New York state courts sitting in the Borough of Manhattan, City of New York, in any suit or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby. The parties hereby irrevocably and unconditionally waive any objection to the laying of venue of any lawsuit, action or other proceeding in such courts, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such lawsuit, action or other proceeding brought in any such court has been brought in an inconvenient forum. The Company irrevocably designates and appoints Fulgent GeneticsThe Corporation Trust Company, Inc.Corporation Trust Center, 0000 Xxxxx Xxxxx XxxxxxXxxxxx Xx., Suite 205Xxxxxxxxxx, Temple City, California 91780XX 00000, as its authorized agent in the United States upon which process may be served in any such suit or proceeding, and agrees that service of process upon such authorized agent be certified or registered mail, or by personal delivery by Federal Express, to such authorized agent shall be deemed in every respect effective service of process upon the Company in any such suit or proceeding. The Company further agrees to take any and all actions as may be necessary to maintain such designation and appointment of such agent in full force and effect for a period of five years from the date of this Agreement.
Appears in 1 contract
Submission to Jurisdiction, Etc. Each party The Company hereby submits to the exclusive jurisdiction of the U.S. federal and New York state courts sitting in the Borough of Manhattan, the City of New York, York in any suit or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby. The parties hereby irrevocably and unconditionally waive any objection to the laying of venue of any lawsuit, action or other proceeding in such courts, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such lawsuit, action or other proceeding brought in any such court has been brought in an inconvenient forum. The Company irrevocably designates and appoints Fulgent GeneticsReWalk Robotics, Inc., 0000 000 Xxxxxx Xxxxx Xxxxx XxxxxxBlvd., Suite 205Marlborough, Temple City, California 91780Massachusetts 01752, as its authorized agent in the United States upon which process may be served in any such suit or proceeding, and agrees that service of process upon such authorized agent be certified or registered mailagent, or and written notice of said service to the Company by personal delivery by Federal Express, the person serving the same to such authorized agent the address provided in Section 15 shall be deemed in every respect effective service of process upon the Company in any such suit or proceeding. The Company further agrees to take any and all actions as may be necessary to maintain such designation and appointment of such agent in full force and effect for a period of five years from the date of this Agreement.
Appears in 1 contract
Submission to Jurisdiction, Etc. Each party The Company hereby submits to the non-exclusive jurisdiction of the U.S. federal and New York state courts sitting in the Borough of Manhattan, The City of New York, York in any suit or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby. The parties hereby irrevocably and unconditionally waive any objection to the laying of venue of any lawsuit, action or other proceeding in such courts, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such lawsuit, action or other proceeding brought in any such court has been brought in an inconvenient forum. The Company irrevocably designates and appoints Fulgent GeneticsZIM American Integrated Shipping Services Company, Inc., 0000 Xxxxx Xxxxx Xxxxxx, Suite 205, Temple City, California 91780LLC, as its authorized agent in the United States Borough of Manhattan, The City of New York, New York upon which process may be served in any such suit or proceeding, and agrees that service of process upon such authorized agent be certified or registered mailagent, or and written notice of said service to the Company by personal delivery by Federal Express, the person serving the same to such authorized agent the address provided in Section 15 shall be deemed in every respect effective service of process upon the Company in any such suit or proceeding. The Company further agrees to take any and all actions as may be necessary to maintain such designation and appointment of such agent in full force and effect for a period of five seven years from the date of this Agreement.
Appears in 1 contract
Samples: Underwriting Agreement (ZIM Integrated Shipping Services Ltd.)
Submission to Jurisdiction, Etc. Each party The Company hereby submits to the exclusive jurisdiction of the U.S. federal and New York state courts sitting in the Borough of Manhattan, the City of New York, York in any suit or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby. The parties hereby irrevocably and unconditionally waive any objection to the laying of venue of any lawsuit, action or other proceeding in such courts, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such lawsuit, action or other proceeding brought in any such court has been brought in an inconvenient forum. The Company irrevocably designates and appoints Fulgent GeneticsReWalk Robotics, Inc.Inc. 30 Xxxxx Xxxxx, 0000 Xxxxx Xxxxx XxxxxxMarlborough, Suite 205, Temple City, California 91780Massachusetts 01752, as its authorized agent in the United States upon which process may be served in any such suit or proceeding, and agrees that service of process upon such authorized agent be certified or registered mailagent, or and written notice of said service to the Company by personal delivery by Federal Express, the person serving the same to such authorized agent the address provided in Section 9 shall be deemed in every respect effective service of process upon the Company in any such suit or proceeding. The Company further agrees to take any and all actions as may be necessary to maintain such designation and appointment of such agent in full force and effect for a period of five years from the date of this Agreement.
Appears in 1 contract
Samples: Equity Distribution Agreement (ReWalk Robotics Ltd.)
Submission to Jurisdiction, Etc. Each party The Company hereby submits to the exclusive jurisdiction of the U.S. federal and New York state courts sitting in the Borough of Manhattan, the City of New York, York in any suit or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby. The parties hereby irrevocably and unconditionally waive any objection to the laying of venue of any lawsuit, action or other proceeding in such courts, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such lawsuit, action or other proceeding brought in any such court has been brought in an inconvenient forum. The Company irrevocably designates and appoints Fulgent GeneticsReWalk Robotics, Inc., 0000 30 Xxxxx Xxxxx XxxxxxXxxxx, Suite 205Marlborough, Temple City, California 91780Massachusetts 01752, as its authorized agent in the United States upon which process may be served in any such suit or proceeding, and agrees that service of process upon such authorized agent be certified or registered mailagent, or and written notice of said service to the Company by personal delivery by Federal Express, the person serving the same to such authorized agent the address provided in Section 14 shall be deemed in every respect effective service of process upon the Company in any such suit or proceeding. The Company further agrees to take any and all actions as may be necessary to maintain such designation and appointment of such agent in full force and effect for a period of five years from the date of this Agreement.
Appears in 1 contract
Submission to Jurisdiction, Etc. Each party The Company hereby submits to the non-exclusive jurisdiction of the U.S. federal and New York state courts sitting in the Borough of Manhattan, The City of New York, York in any suit or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby. The parties hereby irrevocably and unconditionally waive any objection to the laying of venue of any lawsuit, action or other proceeding in such courts, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such lawsuit, action or other proceeding brought in any such court has been brought in an inconvenient forum. The Company irrevocably designates and appoints Fulgent Genetics, Inc., 0000 Xxxxx Xxxxx Xxxxxx, Suite 205, Temple City, California 91780, Pxxxxxx & Associates as its authorized agent in the United States Borough of Manhattan, The City of New York, New York upon which process may be served in any such suit or proceeding, and agrees that service of process upon such authorized agent be certified or registered mailagent, or and written notice of said service to the Company by personal delivery by Federal Express, the person serving the same to such authorized agent the address provided in Section 14 shall be deemed in every respect effective service of process upon the Company in any such suit or proceeding. The Company further agrees to take any and all actions as may be necessary to maintain such designation and appointment of such agent in full force and effect for a period of five seven years from the date of this Agreement.
Appears in 1 contract
Samples: Underwriting Agreement (Foamix Pharmaceuticals Ltd.)
Submission to Jurisdiction, Etc. Each party hereby submits to the exclusive jurisdiction of the U.S. federal and New York state courts sitting in the Borough of Manhattan, City of New York, in any suit or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby. The parties hereby irrevocably and unconditionally waive any objection to the laying of venue of any lawsuit, action or other proceeding in such courts, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such lawsuit, action or other proceeding brought in any such court has been brought in an inconvenient forum. The Company irrevocably designates and appoints Fulgent Genetics, Inc., 0000 Xxxxx Xxxxx C T Corporation System 20 Xxxxxxx Xxxxxx, Suite 205Xxx Xxxx, Temple City, California 91780XX 00000, as its authorized agent in the United States upon which process may be served in any such suit or proceeding, and agrees that service of process upon such authorized agent be certified or registered mail, or by personal delivery by Federal Express, to such authorized agent shall be deemed in every respect effective service of process upon the Company in any such suit or proceeding. The Company further agrees to take any and all actions as may be necessary to maintain such designation and appointment of such agent in full force and effect for a period of five years from the date of this Agreement.
Appears in 1 contract
Submission to Jurisdiction, Etc. Each party The Company hereby submits to the non-exclusive jurisdiction of the U.S. federal and New York state courts sitting in the Borough of Manhattan, The City of New York, York in any suit or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby. The parties hereby irrevocably and unconditionally waive any objection to the laying of venue of any lawsuit, action or other proceeding in such courts, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such lawsuit, action or other proceeding brought in any such court has been brought in an inconvenient forum. The Company irrevocably designates and appoints Fulgent GeneticsXxxxxxxx Xxxxxx, Orbotech, Inc., 0000 Xxxxx Xxxxx Xxxxxx00 Xxxxxxx Xxxx, Suite 205Billerica, Temple City, California 91780Massachusetts 01821, as its an authorized agent in the United States upon which whom process may be served in any such suit or proceeding, and agrees that service of process upon such authorized agent be certified or registered mailagent, or and written notice of said service to the Company by personal delivery by Federal Express, the person serving the same to such authorized agent the address provided in Section 15(b) shall be deemed in every respect effective service of process upon the Company in any such suit or proceeding. The Company further agrees to take any and all actions as may be necessary to maintain such designation and appointment of such agent in full force and effect for a period of five years from the date of this Agreementas aforesaid.
Appears in 1 contract
Samples: Orbotech LTD
Submission to Jurisdiction, Etc. Each party The Company hereby submits to the exclusive jurisdiction of the U.S. federal and New York state courts sitting in the Borough of Manhattan, the City of New York, York in any suit or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby. The parties hereby irrevocably and unconditionally waive any objection to the laying of venue of any lawsuit, action or other proceeding in such courts, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such lawsuit, action or other proceeding brought in any such court has been brought in an inconvenient forum. The Company irrevocably designates and appoints Fulgent GeneticsReWalk Robotics, Inc., 0000 00 Xxxxx Xxxxx XxxxxxXxxxx, Suite 205Marlborough, Temple City, California 91780Massachusetts 01752, as its authorized agent in the United States upon which process may be served in any such suit or proceeding, and agrees that service of process upon such authorized agent be certified or registered mailagent, or and written notice of said service to the Company by personal delivery by Federal Express, the person serving the same to such authorized agent the address provided in Section 14 shall be deemed in every respect effective service of process upon the Company in any such suit or proceeding. The Company further agrees to take any and all actions as may be necessary to maintain such designation and appointment of such agent in full force and effect for a period of five years from the date of this Agreement.
Appears in 1 contract
Submission to Jurisdiction, Etc. Each party hereby submits to the exclusive jurisdiction of the U.S. federal and New York state courts sitting in the Borough of Manhattan, City of New York, in any suit or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby. The parties hereby irrevocably and unconditionally waive any objection to the laying of venue of any lawsuit, action or other proceeding in such courts, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such lawsuit, action or other proceeding brought in any such court has been brought in an inconvenient forum. The Company irrevocably designates and appoints Fulgent GeneticsCo-Diagnostics, Inc., 0000 Xxxxx Xxxxx XxxxxxAttn: Kxxxx Xxxxxxxxx, Suite 205General Counsel, Temple 2000 X. Xxxxxxxx Xxxxx, Xxx. D, Salt Lake City, California 91780Utah 84109, as its authorized agent in the United States upon which process may be served in any such suit or proceeding, and agrees that service of process upon such authorized agent be certified or registered mail, or by personal delivery by Federal Express, to such authorized agent shall be deemed in every respect effective service of process upon the Company in any such suit or proceeding. The Company further agrees to take any and all actions as may be necessary to maintain such designation and appointment of such agent in full force and effect for a period of five years from the date of this Agreement.
Appears in 1 contract
Samples: Equity Distribution Agreement (Co-Diagnostics, Inc.)
Submission to Jurisdiction, Etc. Each party hereby submits to the exclusive jurisdiction of the U.S. federal and New York state courts sitting in the Borough of Manhattan, City of New York, in any suit or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby. The parties hereby irrevocably and unconditionally waive any objection to the laying of venue of any lawsuit, action or other proceeding in such courts, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such lawsuit, action or other proceeding brought in any such court has been brought in an inconvenient forum. The Company irrevocably designates and appoints Fulgent GeneticsThe Corporation Trust Company, Inc.Corporation Trust Center 1209 Orange St. Wilmington, 0000 Xxxxx Xxxxx Xxxxxx, Suite 205, Temple City, California 91780DE, as its authorized agent in the United States upon which process may be served in any such suit or proceeding, and agrees that service of process upon such authorized agent be certified or registered mail, or by personal delivery by Federal Express, to such authorized agent shall be deemed in every respect effective service of process upon the Company in any such suit or proceeding. The Company further agrees to take any and all actions as may be necessary to maintain such designation and appointment of such agent in full force and effect for a period of five years from the date of this Agreement.
Appears in 1 contract
Samples: Equity Distribution Agreement (Miromatrix Medical Inc.)