Common use of CONSENT TO JURISDICTION AND SERVICE OF PROCESS; WAIVER OF JURY TRIAL Clause in Contracts

CONSENT TO JURISDICTION AND SERVICE OF PROCESS; WAIVER OF JURY TRIAL. (a) All judicial actions or proceedings brought against the parties hereto arising out of or relating to this Agreement, or any obligations hereunder, shall be brought exclusively in any courts of the United States of America for the Southern District of New York. By executing and delivering this Agreement, the parties hereto irrevocably (i) accept generally and unconditionally the exclusive jurisdiction and venue of these courts; (ii) waive any objections which such party 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 brought in the courts referred to in clause (i) above and hereby further irrevocably waive and agree not to plead or claim in any such court that such action or proceeding brought in any such court has been brought in an inconvenient forum; (iii) agree that service of all process in any such action or proceeding in any such court may be made by registered or certified mail, return receipt requested, to such party at their respective addresses provided in accordance with Section 11.3; and (iv) agree that service as provided in clause (iii) above is sufficient to confer personal jurisdiction over such party in any such proceeding in any such court, and otherwise constitutes effective and binding service in every respect.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Algonquin Power & Utilities Corp.), Stock Purchase Agreement (Algonquin Power & Utilities Corp.)

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CONSENT TO JURISDICTION AND SERVICE OF PROCESS; WAIVER OF JURY TRIAL. (a) All judicial actions or proceedings Actions brought against the parties hereto arising out of or relating to this Agreement, or any obligations hereunder, shall be brought exclusively in any courts state or federal court of the United States of America for the Southern District of New Yorkcompetent jurisdiction located in Wilmington, Delaware. By executing and delivering this Agreement, the parties hereto irrevocably irrevocably: (ia) accept generally and unconditionally the exclusive jurisdiction and venue of these courts; (iib) waive any objections which such party may now or hereafter have to the laying of venue of any of the aforesaid actions or proceedings Actions arising out of or in connection with this Agreement brought in the courts referred to in clause (ia) above and hereby further irrevocably waive and agree not to plead or claim in any such court that such action or proceeding Action brought in any such court has been brought in an inconvenient forum; (iiic) agree that service of all process in any such action or proceeding Action in any such court may be made by registered or certified mail, return receipt requested, to such party at their respective its addresses provided in accordance with Section 11.310.4; and (ivd) agree that service as provided in clause (iiic) above is sufficient to confer personal jurisdiction over such party in any such proceeding Action in any such court, and otherwise constitutes effective and binding service in every respect.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Allied Security Holdings LLC)

CONSENT TO JURISDICTION AND SERVICE OF PROCESS; WAIVER OF JURY TRIAL. (a) All judicial actions or proceedings brought against the parties hereto arising out of or relating to this Agreementagreement, or any obligations hereunder, shall be brought exclusively in any courts of the United States of America for the Southern District of New York. By executing and delivering this Agreementagreement, the parties hereto parties, irrevocably (i) accept generally and unconditionally the exclusive jurisdiction and venue of these courts; (ii) waive any objections which such party 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 agreement brought in the courts referred to in clause (i) above and hereby further irrevocably waive and agree not to plead or claim in any such court that such action or proceeding brought in any such court has been brought in an inconvenient forum; (iii) agree that service of all process in any such action or proceeding in any such court may be made by registered or certified mail, return receipt requested, to such party at their respective addresses provided in accordance with Section 11.3; and (iv) agree that service as provided in clause (iii) above is sufficient to confer personal jurisdiction over such party in any such proceeding in any such court, and otherwise constitutes effective and binding service in every respect.

Appears in 1 contract

Samples: Membership Interest and Stock Purchase Agreement (Transcanada Corp)

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CONSENT TO JURISDICTION AND SERVICE OF PROCESS; WAIVER OF JURY TRIAL. (a) All judicial actions or proceedings brought against To the parties hereto fullest extent permitted by applicable Law, each Party (i) agrees that any Action by such Party seeking any relief whatsoever arising out of or relating to this Agreementof, or any obligations hereunderin connection with, this Agreement or the transactions contemplated hereby shall be brought exclusively only in any courts of the United States of America District Court for the Southern District of New York. By executing York or any court of the State of New York sitting in the Borough of Manhattan, and delivering this Agreementnot in any other state or federal court in the United States of America or any court in any other country, the parties hereto irrevocably (iii) accept generally and unconditionally agrees to submit to the exclusive jurisdiction of such courts located in New York, New York for purposes of all Actions arising out of, or in connection with, this Agreement or the transactions contemplated hereby, (iii) waives and venue of these courts; (ii) waive agrees not to assert any objections which such party objection that it may now or hereafter have to the laying of the venue of any of the aforesaid actions or proceedings arising out of or in connection with this Agreement such Action brought in the courts referred to in clause (i) above and hereby further irrevocably waive and agree not to plead such a court or any claim in that any such court that such action or proceeding Action brought in any such a court has been brought in an inconvenient forum; , (iiiiv) agree agrees that mailing of process or other papers in connection with any such Action in the manner provided in Section 10.4 or any other manner as may be permitted by Law shall be valid and sufficient service of all process thereof, and (v) agrees that a final judgment in any such action Action shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or proceeding in any such court may be made other manner provided by registered or certified mail, return receipt requested, to such party at their respective addresses provided in accordance with Section 11.3; and (iv) agree that service as provided in clause (iii) above is sufficient to confer personal jurisdiction over such party in any such proceeding in any such court, and otherwise constitutes effective and binding service in every respectapplicable Law.

Appears in 1 contract

Samples: Securities Purchase Agreement (Cherry Hill Mortgage Investment Corp)

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