Common use of Governing Law; Submission to Jurisdiction; Selection of Forum; Waiver of Trial by Jury Clause in Contracts

Governing Law; Submission to Jurisdiction; Selection of Forum; Waiver of Trial by Jury. THIS AGREEMENT IS TO BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK APPLICABLE TO CONTRACTS MADE AND TO BE PERFORMED IN SUCH STATE, WITHOUT GIVING EFFECT TO THE CONFLICT OF LAWS PRINCIPLES THEREOF. Each Party to this Agreement agrees that it shall bring any action or proceeding in respect of any claim arising out of or related to this Agreement in either the United States District Court for the Southern District of New York or any New York state court (the “Chosen Courts”). Solely in connection with claims arising under this Agreement, each Party: (a) irrevocably submits to the exclusive jurisdiction of the Chosen Courts; (b) waives any objection to laying venue in any such action or proceeding in the Chosen Courts; and (c) waives any objection that the Chosen Courts are an inconvenient forum or do not have jurisdiction over any Party to this Agreement or constitutional authority to finally adjudicate the matter. Notwithstanding the foregoing, if the Company Parties commence the Chapter 11 Cases, then the Bankruptcy Court (or court of proper appellate jurisdiction) shall be the exclusive Chosen Court.

Appears in 2 contracts

Samples: Transfer Agreement (Gastar Exploration Inc.), Intercreditor Agreement (Gastar Exploration Inc.)

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Governing Law; Submission to Jurisdiction; Selection of Forum; Waiver of Trial by Jury. THIS AGREEMENT IS TO BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK APPLICABLE TO CONTRACTS MADE AND TO BE PERFORMED IN SUCH STATE, WITHOUT GIVING EFFECT TO THE CONFLICT OF LAWS PRINCIPLES THEREOF. Each Party to this Agreement hereto agrees that it shall bring any action or proceeding in respect of any claim arising out of or related to this Agreement in either the United States District Court for the Southern District of New York or any New York state court (the “Chosen Courts”). Solely Bankruptcy Court, and solely in connection with claims arising under this Agreement, each Party: Agreement (a) irrevocably submits to the exclusive jurisdiction of the Chosen Courts; Bankruptcy Court, (b) waives any objection to laying venue in any such action or proceeding in the Chosen Courts; Bankruptcy Court, and (c) waives any objection that the Chosen Courts Bankruptcy Court are an inconvenient forum or do not have jurisdiction over any Party hereto. Each Party hereto irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or constitutional authority to finally adjudicate the matter. Notwithstanding the foregoing, if the Company Parties commence the Chapter 11 Cases, then the Bankruptcy Court (or court of proper appellate jurisdiction) shall be the exclusive Chosen Courttransactions contemplated hereby.

Appears in 2 contracts

Samples: Employment Agreement (LinnCo, LLC), Employment Agreement (LinnCo, LLC)

Governing Law; Submission to Jurisdiction; Selection of Forum; Waiver of Trial by Jury. THIS AGREEMENT AMENDMENT IS TO BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK APPLICABLE TO CONTRACTS MADE AND TO BE PERFORMED IN SUCH STATE, WITHOUT GIVING EFFECT TO THE CONFLICT OF LAWS PRINCIPLES THEREOF. Each Party to this Agreement agrees that it shall bring any action or proceeding in respect of any claim Amendment arising out of or related to this Agreement Amendment in either the United States District Court for the Southern District of New York or any New York state court (the “Chosen Courts”). Solely in connection with claims arising under this AgreementAmendment, each Party: (a) irrevocably submits to the exclusive jurisdiction of the Chosen Courts; (b) waives any objection to laying venue in any such action or proceeding in the Chosen Courts; and (c) waives any objection that the Chosen Courts are an inconvenient forum or do not have jurisdiction over any Party to this Agreement Amendment or constitutional authority to finally adjudicate the matter. Notwithstanding the foregoing, if during the Company Parties commence pendency of the Chapter 11 Cases, then the Bankruptcy Court (or court of proper appellate jurisdiction) shall be the exclusive Chosen Court.

Appears in 1 contract

Samples: Restructuring Support Agreement (Gastar Exploration Inc.)

Governing Law; Submission to Jurisdiction; Selection of Forum; Waiver of Trial by Jury. THIS AMENDED AGREEMENT IS TO BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK APPLICABLE TO CONTRACTS MADE AND TO BE PERFORMED IN SUCH STATE, WITHOUT GIVING EFFECT TO THE CONFLICT OF LAWS PRINCIPLES THEREOF. Each Party to this Agreement hereto agrees that it shall bring any action or proceeding in respect of any claim arising out of or related to this Amended Agreement in either the United States District Bankruptcy Court for the Southern District (or court of New York or any New York state court proper appellate jurisdiction) (the “Chosen CourtsCourt”). Solely , and solely in connection with claims arising under this Amended Agreement, each Party: (a) irrevocably submits to the exclusive jurisdiction of the Chosen CourtsCourt; (b) waives any objection to laying venue in any such action or proceeding in the Chosen CourtsCourt; and (c) waives any objection that the Chosen Courts are Court is an inconvenient forum or do does not have jurisdiction over any Party to this Agreement hereto or constitutional authority to finally adjudicate the matter. Notwithstanding the foregoing, if the Company Parties commence the Chapter 11 Cases, then the Bankruptcy Court (or court of proper appellate jurisdiction) shall be the exclusive Chosen Court.

Appears in 1 contract

Samples: Restructuring Support Agreement (Breitburn Energy Partners LP)

Governing Law; Submission to Jurisdiction; Selection of Forum; Waiver of Trial by Jury. THIS AGREEMENT IS TO BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK APPLICABLE TO CONTRACTS MADE AND TO BE PERFORMED IN SUCH STATE, WITHOUT GIVING EFFECT TO THE CONFLICT OF LAWS PRINCIPLES THEREOF. Each Party to this Agreement hereto agrees that it shall bring any action or proceeding in respect of any claim arising out of or related to this Agreement in either the United States District Court for courts of the Southern District State of New York or any New York state court (the “Chosen Courts”). Solely York, and solely in connection with claims arising under this Agreement, each Party: Agreement (ai) irrevocably submits to the exclusive jurisdiction of the Chosen Courts; courts of the State of New York, (bii) waives any objection to laying venue in any such action or proceeding in the Chosen Courts; courts of the State of New York, and (ciii) waives any objection that any court of the Chosen Courts are State of New York is an inconvenient forum or do does not have jurisdiction over any Party hereto. Each Party hereto irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or constitutional authority to finally adjudicate the matter. Notwithstanding the foregoing, if the Company Parties commence the Chapter 11 Cases, then the Bankruptcy Court (or court of proper appellate jurisdiction) shall be the exclusive Chosen Courttransactions contemplated hereby.

Appears in 1 contract

Samples: Plan Support Agreement

Governing Law; Submission to Jurisdiction; Selection of Forum; Waiver of Trial by Jury. THIS AGREEMENT IS TO SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK APPLICABLE TO CONTRACTS MADE AND TO BE PERFORMED IN SUCH STATE, WITHOUT GIVING EFFECT TO THE CONFLICT OF LAWS PRINCIPLES THEREOF. Each Party to this Agreement hereto agrees that it shall bring any action or proceeding in respect of any claim arising out of or related to this Agreement or the transactions contained in either or contemplated by this Agreement, to the United States District Court for extent possible, in the Southern District of New York or any New York state court (the “Chosen Courts”). Solely Bankruptcy Court, and, solely in connection with claims arising under this Agreement or the transactions that are the subject of this Agreement, each Party: (ai) irrevocably submits to the exclusive jurisdiction of the Chosen Courts; Bankruptcy Court, (bii) waives any objection to laying venue in any such action or proceeding in the Chosen Courts; Bankruptcy Court and (ciii) waives any objection that the Chosen Courts are Bankruptcy Court is an inconvenient forum or do does not have jurisdiction over any party hereto. Each Party hereto irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or constitutional authority to finally adjudicate the matter. Notwithstanding the foregoing, if the Company Parties commence the Chapter 11 Cases, then the Bankruptcy Court (or court of proper appellate jurisdiction) shall be the exclusive Chosen Courttransactions contemplated hereby.

Appears in 1 contract

Samples: Plan Support Agreement (Peabody Energy Corp)

Governing Law; Submission to Jurisdiction; Selection of Forum; Waiver of Trial by Jury. THIS AGREEMENT IS TO BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK APPLICABLE TO CONTRACTS MADE AND TO BE PERFORMED IN SUCH STATE, WITHOUT GIVING EFFECT TO THE CONFLICT OF LAWS PRINCIPLES THEREOFTHEREOF (EXCEPT FOR SECTION 5-1401 OF THE NEW YORK GENERAL OBLIGATIONS LAW). Each Party to this Agreement hereto agrees that it shall bring any action or proceeding in respect of any claim arising out of or related to this Agreement in either the United States District Court for the Southern District of New York or any New York state court (the “Chosen Courts”). Solely Bankruptcy Court, and solely in connection with claims arising under this Agreement, each Party: Agreement (a) irrevocably submits to the exclusive jurisdiction of the Chosen Courts; Bankruptcy Court, (b) waives any objection to laying venue in any such action or proceeding in the Chosen Courts; Bankruptcy Court, and (c) waives any objection that the Chosen Courts are Bankruptcy Court is an inconvenient forum or do does not have jurisdiction over any Party hereto. Each Party hereto irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or constitutional authority to finally adjudicate the matter. Notwithstanding the foregoing, if the Company Parties commence the Chapter 11 Cases, then the Bankruptcy Court (or court of proper appellate jurisdiction) shall be the exclusive Chosen Courttransactions contemplated hereby.

Appears in 1 contract

Samples: Plan Support Agreement

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Governing Law; Submission to Jurisdiction; Selection of Forum; Waiver of Trial by Jury. THIS AGREEMENT IS TO SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK APPLICABLE TO CONTRACTS MADE AND TO BE PERFORMED IN SUCH STATE, WITHOUT GIVING EFFECT TO THE CONFLICT OF LAWS PRINCIPLES THEREOF. Each Party to this Agreement hereto agrees that it shall bring any action or proceeding in respect of any claim arising out of or related to this Agreement or the transactions contained in either or contemplated by this Agreement, to the United States District Court for extent possible, in the Southern District of New York or any New York state court (the “Chosen Courts”). Solely Bankruptcy Court, and, solely in connection with claims arising under this Agreement or the transactions that are the subject of this Agreement, each Party: (ai) irrevocably submits to the exclusive jurisdiction of the Chosen Courts; Bankruptcy Court, (bii) waives any objection to laying venue in any such action or proceeding in the Chosen Courts; Bankruptcy Court and (ciii) waives any objection that the Chosen Courts are Bankruptcy Court is an inconvenient forum or do does not have jurisdiction over any Party party hereto. Each party hereto irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or constitutional authority to finally adjudicate the matter. Notwithstanding the foregoing, if the Company Parties commence the Chapter 11 Cases, then the Bankruptcy Court (or court of proper appellate jurisdiction) shall be the exclusive Chosen Courttransactions contemplated hereby.

Appears in 1 contract

Samples: Plan Support Agreement (Nii Holdings Inc)

Governing Law; Submission to Jurisdiction; Selection of Forum; Waiver of Trial by Jury. THIS AGREEMENT IS TO BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK APPLICABLE TO CONTRACTS MADE AND TO BE PERFORMED IN SUCH STATE, WITHOUT GIVING EFFECT TO THE CONFLICT OF LAWS PRINCIPLES THEREOF. Each Party to this Agreement hereto agrees that it shall bring any action or proceeding in respect of any claim arising out of or related to this Agreement in either the United States District Bankruptcy Court for the Southern District (or court of New York or any New York state court proper appellate jurisdiction) (the “Chosen CourtsCourt”). Solely , and solely in connection with claims arising under this Agreement, each Party: (a) irrevocably submits to the exclusive jurisdiction of the Chosen CourtsCourt; (b) waives any objection to laying venue in any such action or proceeding in the Chosen CourtsCourt; and (c) waives any objection that the Chosen Courts are Court is an inconvenient forum or do does not have jurisdiction over any Party to this Agreement hereto or constitutional constitutiona l authority to finally adjudicate the matter. Notwithstanding the foregoing, if the Company Parties commence the Chapter 11 Cases, then the Bankruptcy Court (or court of proper appellate jurisdiction) shall be the exclusive Chosen Court.

Appears in 1 contract

Samples: Restructuring Support Agreement

Governing Law; Submission to Jurisdiction; Selection of Forum; Waiver of Trial by Jury. THIS AGREEMENT IS TO BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK TEXAS APPLICABLE TO CONTRACTS MADE AND TO BE PERFORMED IN SUCH STATE, WITHOUT GIVING EFFECT TO THE CONFLICT OF LAWS PRINCIPLES THEREOF. Each Party to this Agreement hereto agrees that it shall bring any action or proceeding in respect of any claim arising out of or related to this Agreement in either the United States District Court for the Southern District of New York or any New York state court (the “Chosen Courts”). Solely Bankruptcy Court, and solely in connection with claims arising under this Agreement, each Party: Agreement (a) irrevocably submits to the exclusive jurisdiction of the Chosen Courts; Bankruptcy Court, (b) waives any objection to laying venue in any such action or proceeding in the Chosen Courts; Bankruptcy Court, and (c) waives any objection that the Chosen Courts Bankruptcy Court are an inconvenient forum or do not have jurisdiction over any Party hereto. Each Party hereto irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or constitutional authority to finally adjudicate the matter. Notwithstanding the foregoing, if the Company Parties commence the Chapter 11 Cases, then the Bankruptcy Court (or court of proper appellate jurisdiction) shall be the exclusive Chosen Courttransactions contemplated hereby.

Appears in 1 contract

Samples: Restructuring Support Agreement (LinnCo, LLC)

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