Common use of Jurisdiction; Jury Trial Waiver Clause in Contracts

Jurisdiction; Jury Trial Waiver. (a) Except as expressly set forth in Section 10.10(c) or Section 10.10(d), any suit, action or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with this Agreement or the transactions contemplated hereby shall be brought in any federal court located in the Southern District of the State of New York or any New York state court sitting in New York City, and each of the parties hereto hereby consents to the exclusive jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and waives any objection to venue laid therein. Process in any such suit, action or proceeding may be served on any party anywhere in the world, whether within or without the State of New York. Without limiting the generality of the foregoing, each party hereto agrees that service of process upon such party may be made at the address referred to in Section 10.01, and if made in accordance with the provision of Section 10.01, shall be deemed effective service of process upon such party.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (Pharmhouse Corp), Agreement and Plan of Merger (Phar Mor Inc), Agreement and Plan of Merger (Pharmhouse Corp)

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