Common use of Enforceability of Judgment Clause in Contracts

Enforceability of Judgment. Except as disclosed in the Registration Statement, the Time of Sale Prospectus and the Prospectus, any final judgment for a fixed or readily calculable sum of money rendered by a New York Court having jurisdiction under its own domestic laws in respect of any suit, action or proceeding against the Company based upon this Agreement or the Deposit Agreement and any instruments or agreements entered into for the consummation of the transactions contemplated herein and therein would be recognized and enforced by (i) Cayman Islands courts without re-examining the merits of the case under the common law doctrine of obligation, provided that such judgment (A) is given by a foreign court of competent jurisdiction, (B) imposes on the judgment debtor a liability to pay a liquidated sum for which the judgment has been given, (C) is final judgment, (D) is not in respect of taxes, a fine or a penalty, and (E) was not obtained in a manner and is not of a kind the enforcement of which is contrary to natural justice or the public policy of the Cayman Islands, and (ii) PRC courts, subject to compliance with relevant civil procedural requirements under the PRC Civil Procedures Law. It is not necessary for such recognition and enforcement that this Agreement, the Deposit Agreement, the Registration Statement, the Time of Sale Prospectus, the Prospectus or any other document be filed or recorded with any court or other authority in the Cayman Islands or the PRC. The Company is not aware of any reason why the enforcement in the Cayman Islands or the PRC of such a New York Court judgment would be, as of the date hereof, contrary to public policy of the Cayman Islands or PRC.

Enforceability of Judgment. Except as disclosed in the Registration Statement, the Time of Sale Prospectus Pricing Disclosure Package and the Prospectus, any final judgment for a fixed or readily calculable sum of money rendered by a New York Court having jurisdiction under its own domestic laws in respect of any suit, action or proceeding against the Company based upon this Agreement or the Deposit Agreement and any instruments or agreements entered into for the consummation of the transactions contemplated herein and therein would be recognized and enforced by (i) Cayman Islands courts without re-examining the merits of the case under the common law doctrine of obligation, provided that such judgment (A) is given by a foreign court of competent jurisdiction, (B) imposes on the judgment debtor a liability to pay a liquidated sum for which the judgment has been given, (C) is final judgment, (D) is not in respect of taxes, a fine or a penalty, and (E) was not obtained in a manner and is not of a kind the enforcement of which is contrary to natural justice or the public policy of the Cayman Islands, and (ii) PRC courts, subject to compliance with relevant civil procedural requirements under the PRC Civil Procedures Law. It is not necessary for such recognition and enforcement that this Agreement, the Deposit Agreement, the Registration Statement, the Time of Sale ProspectusPricing Disclosure Package, the Prospectus or any other document be filed or recorded with any court or other authority in the Cayman Islands or the PRC. The Company is not aware of any reason why the enforcement in the Cayman Islands or the PRC of such a New York Court judgment would be, as of the date hereof, contrary to public policy of the Cayman Islands or PRC.

Enforceability of Judgment. Except as disclosed in the Registration Statement, the Time of Sale Prospectus and the ProspectusGeneral Disclosure Package, any final judgment for a fixed or readily calculable sum of money rendered by a New York Court having jurisdiction under its own domestic laws in respect of any suit, action or proceeding against the Company based upon this Agreement or the Deposit Agreement and any instruments or agreements entered into for the consummation of the transactions contemplated herein and therein Transaction Documents would be recognized and enforced by (iA) Cayman Islands courts without re-examining the merits of the case under the common law doctrine of obligation, ; provided that (i) such judgment (A) is given by judgments must be final and conclusive and for a foreign court of competent jurisdictionliquidated sum, (Bii) imposes on the judgment debtor a liability to pay a liquidated sum for which the judgment has been given, (C) is final judgment, (D) is such judgments must not be in respect of taxes, a taxes or fine or a penalty, and ; (Eiii) was not obtained in a manner and is not of a kind such judgments or the enforcement of which is thereof are not contrary to natural justice or the public policy of the Cayman Islands, (iv) such judgments were not obtained by fraudulent means and do not conflict with any other valid judgment in the same matter between the same parties and (iiiv) an action between the same parties in the same matter is not pending in any Cayman Islands court at the time the lawsuit is instituted in the foreign court; and (B) PRC courts, subject to compliance with relevant civil procedural requirements under the PRC Civil Procedures Lawcivil law and rules of civil procedures. It is not necessary for such recognition and enforcement that this Agreement, the Deposit AgreementTransaction Documents, the Registration Statement, the Time of Sale ProspectusGeneral Disclosure Package, the Final Prospectus or any other document be filed or recorded with any court or other authority in the Cayman Islands or the PRC. The Company is not aware of any reason why the enforcement in the Cayman Islands or the PRC of such a New York Court judgment would be, as of the date hereof, contrary to public policy of the Cayman Islands or PRC.

Enforceability of Judgment. Except as disclosed in the Registration Statement, the Time of Sale Prospectus General Disclosure Package and the Final Prospectus, any final judgment for a fixed or readily calculable sum of money rendered by a New York Court having jurisdiction under its own domestic laws in respect of any suit, action or proceeding against the Company based upon this Agreement or the Deposit Agreement and any instruments or agreements entered into for the consummation of the transactions contemplated herein and therein Transaction Documents would be recognized and enforced by (iA) Cayman Islands courts without re-examining the merits of the case under the common law doctrine of obligation, ; provided that (i) adequate service of process has been effected and the defendant has had a reasonable opportunity to be heard, (ii) such judgments or the enforcement thereof are not contrary to the law, public policy, security or sovereignty of the Cayman Islands, (iii) such judgments were not obtained by fraudulent means and do not conflict with any other valid judgment in the same matter between the same parties, (Aiv) an action between the same parties in the same matter is given by a not pending in any Cayman Islands court at the time the lawsuit is instituted in the foreign court of competent jurisdiction, and (B) imposes on the judgment debtor a liability to pay a liquidated sum for which the judgment has been given, (C) is final judgment, (Dv) is not in respect of taxes, a fine or a penalty, ; and (E) was not obtained in a manner and is not of a kind the enforcement of which is contrary to natural justice or the public policy of the Cayman Islands, and (iiB) PRC courts, subject to compliance with relevant civil procedural requirements under the PRC Civil Procedures Law, provided that the PRC court does not find the judgment in violation with the basic principles of PRC law or national sovereignty, security and public interest. It is not necessary for such recognition and enforcement that this Agreement, the Deposit AgreementTransaction Documents, the Registration Statement, the Time of Sale ProspectusGeneral Disclosure Package, the Final Prospectus or any other document be filed or recorded with any court or other authority in the Cayman Islands or the PRC. The Company is not aware of any reason why the enforcement in the Cayman Islands or the PRC of such a New York Court judgment would be, as of the date hereof, contrary to public policy of the Cayman Islands or PRC.

Enforceability of Judgment. Except as disclosed described in the Registration Statement, the Time of Sale Prospectus and the Prospectus, any final judgment for a fixed or readily calculable sum of money rendered by a New York Court having jurisdiction under its own domestic laws in respect of any suit, action or proceeding against the Company based upon this Agreement or the Deposit Agreement and any instruments or agreements entered into for the consummation of the transactions contemplated herein and therein would be recognized and enforced by (i) Cayman Islands courts enforceable against the Company, without re-examining examination or review of the merits of the case under cause of action in respect of which the common law doctrine original judgment was given or re-litigation of obligationthe matters adjudicated upon, by the courts of the Cayman Islands and PRC, provided that such judgment (i) with respect to courts of the Cayman Islands, (A) is given by a foreign court of competent jurisdictionsuch courts had proper jurisdiction over the parties subject to such judgment, (B) imposes on such judgement did not contravene the judgment debtor a liability to pay a liquidated sum for which rules of natural justice of the judgment has been givenCayman Islands, (C) such judgment is final judgmentand was not obtained by fraud, (D) and is not in respect of taxes, a fine or a penalty, and (D) the enforcement of the judgment would not be contrary to the public policy of the Cayman Islands, (E) was not obtained in a manner no new admissible evidence relevant to the action is submitted prior to the rendering of the judgment by the courts of the Cayman Islands, and (F) there is not of a kind due compliance with the enforcement of which is contrary to natural justice or correct procedures under the public policy laws of the Cayman Islands, and (ii) PRC courtswith respect to courts of the PRC, any application or request for recognition and execution of such judgment is subject to compliance with the PRC General Principle of Civil Law, the PRC Civil Procedures Law and the relevant civil procedural requirements under in the PRC Civil Procedures Law. It is not necessary for such recognition and enforcement that this Agreement, relating to the Deposit Agreement, the Registration Statement, the Time enforceability of Sale Prospectus, the Prospectus or any other document be filed or recorded with any court or other authority in the Cayman Islands or judgments rendered by courts outside the PRC. The Company is not aware of any reason why the enforcement in the Cayman Islands or the PRC of such a New York Court judgment would be, as of the date hereof, contrary to public policy of the Cayman Islands or PRC.

Enforceability of Judgment. Except as disclosed in the Registration Statement, the Time of Sale Prospectus and the Prospectus, any Any final judgment for a fixed or readily calculable sum of money rendered by a New York Court having jurisdiction under its own domestic laws in respect of any suit, action or proceeding against the Company based upon this Agreement or the Deposit Agreement and any instruments or agreements entered into for the consummation of the transactions contemplated herein and therein would be recognized and enforced by (i) Cayman Islands courts enforceable against the Company, without re-examining examination or review of the merits of the case under cause of action in respect of which the common law doctrine original judgment was given or re-litigation of obligationthe matters adjudicated upon, by the courts of the Cayman Islands and PRC, provided that such judgment (i) with respect to courts of the Cayman Islands, (A) is given by a foreign court of competent jurisdictionsuch courts had proper jurisdiction over the parties subject to such judgment, (B) imposes on such judgement did not contravene the judgment debtor a liability to pay a liquidated sum for which rules of natural justice of the judgment has been givenCayman Islands, (C) such judgment is final judgmentand was not obtained by fraud, (D) and is not in respect of taxes, a fine or a penalty, and (D) the enforcement of the judgment would not be contrary to the public policy of the Cayman Islands, (E) was not obtained in a manner no new admissible evidence relevant to the action is submitted prior to the rendering of the judgment by the courts of the Cayman Islands, and (F) there is not of a kind due compliance with the enforcement of which is contrary to natural justice or correct procedures under the public policy laws of the Cayman Islands, and (ii) PRC courtswith respect to courts of the PRC, any application or request for recognition and execution of such judgment is subject to compliance with relevant civil procedural requirements under the PRC Civil Procedures Law. It is not necessary for such recognition and enforcement that this Agreement, the Deposit Agreement, the Registration Statement, the Time of Sale Prospectus, the Prospectus or any other document be filed or recorded with any court or other authority in the Cayman Islands or the PRC. The Company is not aware of any reason why the enforcement in the Cayman Islands or the PRC of such a New York Court judgment would be, as of the date hereof, contrary to public policy of the Cayman Islands or PRC.

Enforceability of Judgment. Except as disclosed in the Registration Statement, the Time of Sale Prospectus and the Prospectus, any final judgment for a fixed or readily calculable sum of money rendered by a New York Court having jurisdiction under its own domestic laws in respect of any suit, action or proceeding against the Company based upon this Agreement or the Deposit Agreement and any instruments or agreements entered into for the consummation of the transactions contemplated herein and therein would be recognized and enforced by (i) Cayman Islands courts without re-examining the merits of the case under the common law doctrine of obligation, provided that such judgment (A) is given by a foreign court of competent jurisdiction, (B) imposes on the judgment debtor a liability to pay a liquidated sum for which the judgment has been given, (C) is final judgment, (D) is not in respect of taxes, a fine or a penalty, and (E) was not obtained in a manner and is not of a kind the enforcement of which is contrary to natural justice or the public policy of the Cayman Islands, and (ii) PRC courts, subject to compliance with relevant civil procedural requirements under the PRC Civil Procedures Law, provided that a PRC court does not find the judgment in violation with the basic principal of PRC law or national sovereignty, security and public interest. It is not necessary for such recognition and enforcement that this Agreement, the Deposit Agreement, the Registration Statement, the Time of Sale Prospectus, the Prospectus or any other document be filed or recorded with any court or other authority in the Cayman Islands or the PRC. The Company is not aware of any reason why the enforcement in the Cayman Islands or the PRC of such a New York Court judgment would be, as of the date hereof, contrary to public policy of the Cayman Islands or PRC.

Enforceability of Judgment. Except as disclosed in the Registration Statement, the Time of Sale Prospectus and the Prospectus, any Any final judgment for a fixed or readily calculable sum of money rendered by a New York Court having jurisdiction under its own domestic laws in respect of any suit, action or proceeding against the Company based upon this Agreement or the Deposit Agreement and any instruments or agreements entered into for the consummation of the transactions contemplated herein and therein would be recognized and enforced by (i) Cayman Islands courts against the Company, without re-examining examination or review of the merits of the case under cause of action in respect of which the common law doctrine original judgment was given or re-litigation of obligationthe matters adjudicated upon, by the courts of the Cayman Islands and PRC, provided that such judgment (i) with respect to courts of the Cayman Islands, (A) is given by a foreign court of competent jurisdictionsuch courts had proper jurisdiction over the parties subject to such judgment, (B) imposes on such courts did not contravene the judgment debtor a liability to pay a liquidated sum for which rules of natural justice of the judgment has been givenCayman Islands, (C) is final judgmentsuch judgment was not obtained by fraud, (D) the enforcement of the judgment would not be contrary to the public policy of the Cayman Islands, (E) no new admissible evidence relevant to the action is not in respect submitted prior to the rendering of taxes, a fine or a penaltythe judgment by the courts of the Cayman Islands, and (EF) was not obtained in a manner and there is not of a kind due compliance with the enforcement of which is contrary to natural justice or correct procedures under the public policy laws of the Cayman Islands, and (ii) PRC courtswith respect to courts of the PRC, any application or request for recognition and execution of such judgment is subject to compliance with relevant civil procedural requirements under in the PRC Civil Procedures Law. It is not necessary for such and public policy considerations as stipulated under applicable PRC laws relating to the recognition and enforcement that this Agreement, the Deposit Agreement, the Registration Statement, the Time enforceability of Sale Prospectus, the Prospectus or any other document be filed or recorded with any foreign court or other authority in the Cayman Islands or the PRCjudgment. The Company is not aware of any reason why the enforcement in the Cayman Islands or the PRC of such a New York Court judgment would be, as of the date hereof, contrary to public policy of the Cayman Islands or PRC.

Enforceability of Judgment. Except as disclosed in the Registration Statement, the Time of Sale Prospectus and the Prospectus, any final judgment for a fixed or readily calculable sum of money rendered by a New York Court having jurisdiction under its own domestic laws in respect of any suit, action or proceeding against the Company based upon this Agreement or the Deposit Agreement and any instruments or agreements entered into for the consummation of the transactions contemplated herein and therein would be recognized and enforced by (i) Cayman Islands courts without re-examining the merits of the case under the common law doctrine of obligation, provided that such judgment (A) is given by a foreign court of competent jurisdiction, (B) imposes on the judgment debtor a liability to pay a liquidated sum for which the judgment has been given, (C) is final judgment, (D) is not in respect of taxes, a fine or a penalty, and (E) was not obtained in a manner and is not of a kind the enforcement of which is contrary to natural justice or the public policy of the Cayman Islands, and (ii) PRC courts, subject to compliance with relevant civil procedural requirements under the PRC Civil Procedures Law, provided that a PRC court does not find the judgment in violation with the basic principles of PRC law or national sovereignty, security and public interest. It is not necessary for such recognition and enforcement that this Agreement, the Deposit Agreement, the Registration Statement, the Time of Sale Prospectus, the Prospectus or any other document be filed or recorded with any court or other authority in the Cayman Islands or the PRC. The Company is not aware of any reason why the enforcement in the Cayman Islands or the PRC of such a New York Court judgment would be, as of the date hereof, contrary to public policy of the Cayman Islands or PRC.