Common use of Submission to Jurisdiction; Venue; Waiver of Jury Trial Clause in Contracts

Submission to Jurisdiction; Venue; Waiver of Jury Trial. (a) The Company agrees that any suit or proceeding arising in respect of this Agreement or the Underwriters’ engagement will be tried exclusively in the U.S. District Court for the Southern District of New York or, if that court does not have subject matter jurisdiction, in any state court located in The City and County of New York and the Company agrees to submit to the jurisdiction of, and to venue in, such courts. Each of the parties to this Agreement agrees that a final action in any such suit or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other lawful manner. (b) Each party hereto hereby irrevocably waives, to the fullest extent permitted by applicable law, and agrees not to assert, by stay of motion, as a defense, or otherwise, in any legal action or proceeding brought hereunder in any of the above-named courts, that such action or proceeding is brought in an inconvenient forum, or that venue for the action or proceeding is improper. (c) Each party hereto hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 18 contracts

Samples: Underwriting Agreement (American Airlines, Inc.), Underwriting Agreement (American Airlines, Inc.), Underwriting Agreement (American Airlines, Inc.)

AutoNDA by SimpleDocs

Submission to Jurisdiction; Venue; Waiver of Jury Trial. (a) The Company agrees that any suit or proceeding arising in respect Each party hereto hereby irrevocably agrees, accepts and submits itself to the exclusive jurisdiction of this Agreement or the Underwriters’ engagement will be tried exclusively courts of the State of New York in the U.S. City and County of New York and of the United States District Court for the Southern District of New York or, if that court does not have subject matter jurisdictionYork, in connection with any state court located legal action, suit or proceeding with respect to any matter relating to or arising out of or in The City and County of New York and the Company agrees to submit to the jurisdiction of, and to venue in, such courtsconnection with this Agreement. Each of the parties to this Agreement agrees that a final action in any such suit or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other lawful manner. (b) Each party hereto hereby irrevocably waives, to the fullest extent permitted by applicable law, and agrees not to assert, by stay of motion, as a defense, or otherwise, in any legal action or proceeding brought hereunder in any of the above-named courts, that such action or proceeding is brought in an inconvenient forum, or that venue for the action or proceeding is improper. (c) Each party hereto hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated herebyAgreement.

Appears in 14 contracts

Samples: Underwriting Agreement (United Airlines, Inc.), Underwriting Agreement (United Airlines, Inc.), Underwriting Agreement (United Airlines, Inc.)

Submission to Jurisdiction; Venue; Waiver of Jury Trial. (a) The Company agrees that any suit or proceeding arising in respect Each party hereto hereby irrevocably agrees, accepts and submits itself to the exclusive jurisdiction of this Agreement or the Underwriters’ engagement will be tried exclusively in courts of the U.S. District Court for the Southern District State of New York or, if that court does not have subject matter jurisdiction, in any state court located in The the City and County of New York and of the Company agrees United States for the Southern District of New York, in connection with any legal action, suit or proceeding with respect to submit any matter relating to the jurisdiction of, and to venue in, such courtsor arising out of or in connection with this Agreement. Each of the parties to this Agreement agrees that a final action in any such suit or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other lawful manner. (b) Each party hereto hereby irrevocably waives, to the fullest extent permitted by applicable law, and agrees not to assert, by stay of motion, as a defense, or otherwise, in any legal action or proceeding brought hereunder in any of the above-named courts, that such action or proceeding is brought in an inconvenient forum, or that venue for the action or proceeding is improper. (c) Each party hereto hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated herebyAgreement.

Appears in 4 contracts

Samples: Underwriting Agreement (United Airlines, Inc.), Underwriting Agreement (United Airlines, Inc.), Underwriting Agreement (United Airlines, Inc.)

Submission to Jurisdiction; Venue; Waiver of Jury Trial. (a) The Company Unless the General Partner otherwise agrees that in writing, any suit legal action or proceeding arising with respect to this Agreement may be brought in the courts of the State of New York, and, by execution and delivery of this Agreement, each Partner hereby irrevocably accepts for itself and in respect of its property, generally and unconditionally, the non-exclusive jurisdiction of the aforesaid courts, and hereby irrevocably waives any objection that it may now or hereafter have to the laying of venue of any of the aforesaid actions or proceedings arising out of or in connection with this Agreement or the Underwriters’ engagement will be tried exclusively brought in the U.S. District Court for the Southern District of New York or, if that court does not have subject matter jurisdiction, in any state court located in The City and County of New York and the Company agrees to submit to the jurisdiction ofaforesaid courts, and to venue in, such courts. Each of the parties to this Agreement agrees that a final action in any such suit or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other lawful manner. (b) Each party hereto hereby further irrevocably waives, to the fullest extent permitted by applicable law, its rights to plead or claim and agrees not to assert, by stay of motion, as a defense, plead or otherwise, claim in any legal such court that any such action or proceeding brought hereunder in any of the above-named courts, that such action or proceeding is court has been brought in an inconvenient forum. UNLESS THE GENERAL PARTNER OTHERWISE AGREES IN WRITING, or that venue for the action or proceeding is improperEACH PARTNER HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THAT SUCH PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CLAIM OR CAUSE OF ACTION DIRECTLY OR INDIRECTLY BASED UPON OR ARISING OUT OF THIS AGREEMENT. (c) Each party hereto hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 3 contracts

Samples: Limited Partnership Agreement (Lauder Ronald S), Purchase Agreement (Lauder Ronald S), Purchase Agreement (Apax Partners Europe Managers LTD)

Submission to Jurisdiction; Venue; Waiver of Jury Trial. (a) The Company agrees that any suit or proceeding arising in respect of this Agreement or the Underwriters' engagement will be tried exclusively in the U.S. District Court for the Southern District of New York or, if that court does not have subject matter jurisdiction, in any state court located in The City and County of New York and the Company agrees to submit to the jurisdiction of, and to venue in, such courts. Each of the parties to this Agreement agrees that a final action in any such suit or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other lawful manner. (b) Each party hereto hereby irrevocably waives, to the fullest extent permitted by applicable law, and agrees not to assert, by stay of motion, as a defense, or otherwise, in any legal action or proceeding brought hereunder in any of the above-named courts, that such action or proceeding is brought in an inconvenient forum, or that venue for the action or proceeding is improper. (c) Each party hereto hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 2 contracts

Samples: Underwriting Agreement (Jetblue Airways Corp), Underwriting Agreement (Jetblue Airways Corp)

Submission to Jurisdiction; Venue; Waiver of Jury Trial. (a) The Company agrees that any suit or proceeding arising in respect of this Agreement or the Underwriters’ Underwriter’s engagement will be tried exclusively in the U.S. District Court for the Southern District of New York or, if that court does not have subject matter jurisdiction, in any state court located in The City and County of New York and the Company agrees to submit to the jurisdiction of, and to venue in, such courts. Each of the parties to this Agreement agrees that a final action in any such suit or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other lawful manner. (b) Each party hereto hereby irrevocably waives, to the fullest extent permitted by applicable law, and agrees not to assert, by stay of motion, as a defense, or otherwise, in any legal action or proceeding brought hereunder in any of the above-named courts, that such action or proceeding is brought in an inconvenient forum, or that venue for the action or proceeding is improper. (c) Each party hereto hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 2 contracts

Samples: Underwriting Agreement (American Airlines Inc), Underwriting Agreement

Submission to Jurisdiction; Venue; Waiver of Jury Trial. (a) The Company agrees and the Managers agree that any suit or proceeding arising in respect of this Agreement or the UnderwritersManagers’ engagement will be tried exclusively in the U.S. District Court for the Southern District of New York or, if that court does not have subject matter jurisdiction, in any state court located in The City and County of New York and the Company agrees and the Managers each agree to submit to the jurisdiction of, and to venue in, such courts. Each of the parties to this Agreement agrees that a final action in any such suit or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other lawful manner. (b) Each party hereto hereby irrevocably waives, to the fullest extent permitted by applicable law, and agrees not to assert, by stay of motion, as a defense, or otherwise, in any legal action or proceeding brought hereunder in any of the above-named courts, that such action or proceeding is brought in an inconvenient forum, or that venue for the action or proceeding is improper. (c) Each party hereto hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 1 contract

Samples: Equity Distribution Agreement (American Airlines, Inc.)

AutoNDA by SimpleDocs

Submission to Jurisdiction; Venue; Waiver of Jury Trial. (a) The Each of the Company and the Guarantor agrees that any suit or proceeding arising in respect of this Agreement or the Underwriters’ engagement will be tried exclusively in the U.S. District Court for the Southern District of New York or, if that court does not have subject matter jurisdiction, in any state court located in The City and County of New York and each of the Company and the Guarantor agrees to submit to the jurisdiction of, and to venue in, such courts. Each of the parties to this Agreement agrees that a final action in any such suit or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other lawful manner. (b) Each party hereto hereby irrevocably waives, to the fullest extent permitted by applicable law, and agrees not to assert, by stay of motion, as a defense, or otherwise, in any legal action or proceeding brought hereunder in any of the above-named courts, that such action or proceeding is brought in an inconvenient forum, or that venue for the action or proceeding is improper. (c) Each party hereto hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 1 contract

Samples: Underwriting Agreement (American Airlines, Inc.)

Submission to Jurisdiction; Venue; Waiver of Jury Trial. (a) The Company agrees that any suit or proceeding arising in respect Each party hereto hereby irrevocably agrees, accepts and submits itself to the exclusive jurisdiction of this Agreement or the Underwriters’ engagement will be tried exclusively courts of the State of New York in the U.S. City and County of New York and of the United States District Court for the Southern District of New York orin connection with any legal action, if that court does not have subject suit or proceeding with respect to any matter jurisdiction, relating to or arising out of or in any state court located in The City and County of New York and the Company agrees to submit to the jurisdiction of, and to venue in, such courtsconnection with this Agreement. Each of the parties to this Agreement agrees that a final action in any such suit or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other lawful manner. (b) Each party hereto hereby irrevocably waives, to the fullest extent permitted by applicable law, and agrees not to assert, by stay of motion, as a defense, or otherwise, in any legal action or proceeding brought hereunder in any of the above-named courts, that such action or proceeding is brought in an inconvenient forum, or that venue for the action or proceeding is improper. (c) Each party hereto hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated herebyAgreement.

Appears in 1 contract

Samples: Underwriting Agreement (United Airlines, Inc.)

Submission to Jurisdiction; Venue; Waiver of Jury Trial. (a) The Company agrees that any suit Any legal action or proceeding arising in with respect of to this Agreement or the Underwriters’ engagement will may be tried exclusively in the U.S. District Court for the Southern District of New York or, if that court does not have subject matter jurisdiction, brought in any federal or state court located in The City and the County of New York York, State of New York, and by execution and delivery of this Agreement, each of the Company agrees to submit to parties hereto hereby irrevocably accepts for itself the jurisdiction of, and to venue in, of such courts. Each of the parties hereto further irrevocably consents to this Agreement agrees that a final action the service of process out of any of the aforementioned courts in any such suit action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment mailing of copies thereof by registered or in any other lawful manner. (b) certified mail, postage prepaid, to it at the address set out for notices pursuant to Section 3.01 hereof. Each party of the parties hereto hereby irrevocably waives, waives any objection which it may now or hereafter have to the fullest extent permitted by applicable law, laying of venue of any of the aforesaid actions or proceedings arising out of or in connection with this Agreement brought in the courts referred to above and hereby further irrevocably waives and agrees not to assert, by stay of motion, as a defense, plead or otherwise, claim in any legal such court that any such action or proceeding brought hereunder in any of the above-named courts, that such action or proceeding is court has been brought in an inconvenient forum. EACH OF THE PARTIES HERETO, or that venue for the action or proceeding is improperTO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT. (c) Each party hereto hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 1 contract

Samples: Intercreditor Agreement (Commercial Metals Co)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!