Common use of Submission to Jurisdiction; Waiver Clause in Contracts

Submission to Jurisdiction; Waiver. The parties irrevocably and unconditionally submit to the jurisdiction of the United States District Court for the Southern District of New York and New York state courts located in New York City and waive any objection to transferring any action, suit or proceeding arising out of this Agreement to such court. Each of Seller and Buyer hereby irrevocably waives, and agrees not to assert, by way of motion, as a defense, counterclaim or otherwise, in any Action or proceeding with respect to this Agreement, (a) any claim that it is not personally subject to the jurisdiction of the above-named court for any reason other than the failure to lawfully serve process, (b) that it or its property is exempt or immune from jurisdiction of any such court or from any legal process commenced in such court (whether through service of notice, attachment prior to judgment, attachment in aid of execution of judgment, execution of judgment or otherwise), and (c) to the fullest extent permitted by applicable law, that (i) the suit, Action or proceeding in any such court is brought in an inconvenient forum, (ii) the venue of such suit, Action or proceeding is improper, and (iii) this Agreement, or the subject matter hereof, may not be enforced in or by such courts.

Submission to Jurisdiction; Waiver. The parties irrevocably and unconditionally submit Except with respect to Third Party Claims, in the jurisdiction event any action shall be brought to enforce or interpret the terms of this Agreement, the United States Parties agree that such action will be brought in the U.S. District Court for the Southern District of New York and New York state courts located in New York City and waive any objection to transferring any action, suit or proceeding arising out of this Agreement to such courtYork. Each of Seller MonoSol and the Buyer hereby irrevocably submits with regard to any action or proceeding for itself and in respect to its property, generally and unconditionally, to the nonexclusive jurisdiction of the aforesaid courts. Each of MonoSol and the Buyer hereby irrevocably waives, and agrees not to assert, by way of motion, as a defense, counterclaim or otherwise, in any Action action or proceeding with respect to this Agreement, (a) any claim that it is not personally subject to the jurisdiction of the above-named court courts for any reason other than the failure to lawfully serve process, (b) that it or its property is exempt or immune from jurisdiction of any such court or from any legal process commenced in such court courts (whether through service of notice, attachment prior to judgment, attachment in aid of execution of judgment, execution of judgment or otherwise), and (c) to the fullest extent permitted by applicable law, that (i) the suit, Action action or proceeding in any such court is brought in an inconvenient forum, (ii) the venue of such suit, Action action or proceeding is improper, and (iii) this Agreement, or the subject matter hereof, may not be enforced in or by such courts.. CONFIDENTIAL TREATMENT REQUESTED Pursuant to 17 C.F.R. §§200.80(b) and 230.406

Submission to Jurisdiction; Waiver. The parties irrevocably and unconditionally submit In the event any action shall be brought to enforce or interpret the jurisdiction terms of this Agreement, the United States Parties agree that such action will be brought in the U.S. District Court for the Southern District of New York and New York state courts located in New York City and waive any objection to transferring any action, suit or proceeding arising out of this Agreement to such courtYork. Each of Seller MonoSol and Buyer CONFIDENTIAL TREATMENT REQUESTED Pursuant to 17 C.F.R. §§200.80(b) and 230.406 Xxxxx hereby irrevocably submits with regard to any action or proceeding for itself and in respect to its property, generally and unconditionally, to the nonexclusive jurisdiction of the aforesaid courts. Each of MonoSol and Xxxxx hereby irrevocably waives, and agrees not to assert, by way of motion, as a defense, counterclaim or otherwise, in any Action action or proceeding with respect to this Agreement, (a) any claim that it is not personally subject to the jurisdiction of the above-named court courts for any reason other than the failure to lawfully serve process, (b) that it or its property is exempt or immune from jurisdiction of any such court or from any legal process commenced in such court courts (whether through service of notice, attachment prior to judgment, attachment in aid of execution of judgment, execution of judgment or otherwise), and (c) to the fullest extent permitted by applicable law, that (i) the suit, Action action or proceeding in any such court is brought in an inconvenient forum, (ii) the venue of such suit, Action action or proceeding is improper, and (iii) this Agreement, or the subject matter hereof, may not be enforced in or by such courts.

Submission to Jurisdiction; Waiver. The parties irrevocably and unconditionally submit Except as otherwise provided in Section 9.5, in the event any action shall be brought to enforce or interpret the jurisdiction terms of this Agreement, the United States Parties agree that such action will be brought in the U.S. District Court for the Southern District of New York and New York state courts located in New York City and waive any objection to transferring any action, suit or proceeding arising out of this Agreement to such courtYork. Each of Seller the Sellers and the Buyer hereby irrevocably submits with regard to any action or proceeding for itself and in respect to its property, generally and unconditionally, to the nonexclusive jurisdiction of the aforesaid courts. Each of Sellers and the Buyer hereby irrevocably waives, and agrees not to assert, by way of motion, as a defense, counterclaim or otherwise, in any Action action or proceeding with respect to this Agreement, (a) any claim that it is not personally subject to the jurisdiction of the above-named court courts for any reason other than the failure to lawfully serve process, (b) that it or its property is exempt or immune from jurisdiction of any such court or from any legal process commenced in such court courts (whether through service of notice, attachment prior to judgment, attachment in aid of execution of judgment, execution of judgment or otherwise), and (c) to the fullest extent permitted by applicable law, that (i) the suit, Action action or proceeding in any such court is brought in an inconvenient forum, (ii) the venue of such suit, Action action or proceeding is improper, and (iii) this Agreement, or the subject matter hereof, may not be enforced in or by such courts.

Submission to Jurisdiction; Waiver. The parties irrevocably and unconditionally submit Except as otherwise provided in Section 6.6.6, in the event any action shall be brought to enforce or interpret the jurisdiction terms of this Agreement, the United States Parties agree that such action will be brought in the U.S. District Court for the Southern District of New York and New York state courts located in New York City and waive any objection to transferring any action, suit or proceeding arising out of this Agreement to such courtYork. Each of Seller UCB and the Buyer hereby irrevocably submits with regard to any action or proceeding for itself and in respect to its property, generally and unconditionally, to the nonexclusive jurisdiction of the aforesaid courts. Each of UCB and the Buyer hereby irrevocably waives, and agrees not to assert, by way of motion, as a defense, counterclaim or otherwise, in any Action action or proceeding with respect to this Agreement, (a) any claim that it is not personally subject to the jurisdiction of the above-named court courts for any reason other than the failure to lawfully serve process, (b) that it or its property is exempt or immune from jurisdiction of any such court or from any legal process commenced in such court courts (whether through service of notice, attachment prior to judgment, attachment in aid of execution of judgment, execution of judgment or otherwise), and (c) to the fullest extent permitted by applicable law, that (i) the suit, Action action or proceeding in any such court is brought in an inconvenient forum, (ii) the venue of such suit, Action action or proceeding is improper, and (iii) this Agreement, or the subject matter hereof, may not be enforced in or by such courts.