ENFORCEMENT OF FOREIGN JUDGMENT. The Belgian courts may not recognise or enforce a judgment given by any New York State court or United States federal court sitting in the Borough of Manhattan in the City of New York or any state or federal court in the City, County and State of New York if to do so would breach the conditions specified in Articles 22 to 25 of the Code of International Private Law, which mainly require that the recognition or enforcement of the foreign judgment should not be a manifest violation of public policy, that the foreign courts must have respected the rights of the defence, that the foreign judgment should be final, and that the assumption of jurisdiction by the foreign court may not have breached certain principles of Belgian law.
ENFORCEMENT OF FOREIGN JUDGMENT. A judgment obtained in any New York State court or United States federal court sitting in the Borough of Manhattan in the City of New York in connection with the Indenture, or in any state or federal court in the City, County and State of New York in connection with the Pricing Agreement, would be recognised and enforced by the courts of Belgium without review on the merits subject to the conditions specified in Articles 22 to 25 of the Code of International Private Law.
ENFORCEMENT OF FOREIGN JUDGMENT. 9. A court of competent jurisdiction in the Province of Ontario would give a judgment based on a final and conclusive in personam judgment for a sum certain against the Company or a Guarantor in respect of a New York Document (a “New York Judgment”) by a court of competent jurisdiction in the State of New York (a “New York Court”), without reconsideration of the merits, provided that:
ENFORCEMENT OF FOREIGN JUDGMENT. A final and conclusive judgment obtained in a New York Court would not be subject to the same legislative regime as would a final and conclusive judgment obtained in a superior court of a reciprocating country pursuant to the provisions of The Judgments (Reciprocal Enforcement) (Guernsey) Law 1957, as amended. Instead, a judgment creditor with a final and conclusive judgment from a New York Court, for a fixed or ascertainable sum of money, would be entitled to xxx on that foreign judgment itself by commencing an action in Guernsey and, if the matter were placed on the pleading list in Guernsey, by applying for summary judgment. Broadly, a judgment creditor relying on this enforcement procedure would be prevented from suing on its foreign judgment in Guernsey if any of the following grounds applied:
ENFORCEMENT OF FOREIGN JUDGMENT. A final and conclusive judgment (even though subject to appeal) for a definite sum awarded against [applicable Foreign Company] by an Illinois or a United States Federal court sitting in Illinois will be enforced, without re-examination or re-litigation of the matters adjudicated, by the courts of [insert applicable foreign jurisdiction], provided that (i) the judgment was not obtained by fraud, (ii) enforcement of the judgment would not be contrary to the public policy of [applicable Foreign Company]'s country, (iii) the judgment is not inconsistent with a judgment of a court in [applicable Foreign Company]'s country in respect of the same matter, (iv) the judgment is not for multiple damages, and (v) enforcement proceedings are instituted within [___] years after the date of the judgment. The requested opinions and acceptable exceptions are of course subject to change pending further consideration by us and our client of the circumstances surrounding this transaction and consultation by us with foreign counsel. Please arrange for delivery of a draft of your opinion (and any opinions from local counsel) as soon as practicable to: xxxxxx@xxxxxx.xxx; xxxxxx@xxxxxx.xxx; xxxxxxx@xxxxxx.xxx. If you have any questions or concerns regarding this request or any other matters, please do not hesitate to call Xxx Xxxxx at (000) 000-0000 or Xxxxxxx Satyr at (000) 000-0000.
