Common use of Jurisdiction; Venue; Service of Process Clause in Contracts

Jurisdiction; Venue; Service of Process. This Agreement shall be subject to the exclusive jurisdiction of the Xxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York and if such court does not have proper jurisdiction, the State Courts of New York County, New York. The parties to this Agreement agree that any breach of any term or condition of this Agreement shall be deemed to be a breach occurring in the State of New York by virtue of a failure to perform an act required to be performed in the State of New York and irrevocably and expressly agree to submit to the jurisdiction of the Xxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York and if such court does not have proper jurisdiction, the State Courts of New York County, New York for the purpose of resolving any disputes among the parties relating to this Agreement or the transactions contemplated hereby. The parties irrevocably waive, to the fullest extent permitted by law, any objection which they may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement, or any judgment entered by any court in respect hereof brought in New York County, New York, and further irrevocably waive any claim that any suit, action or proceeding brought in Xxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York and if such court does not have proper jurisdiction, the State Courts of New York County, New York has been brought in an inconvenient forum. Each of the parties hereto consents to process being served in any such suit, action or proceeding, by mailing a copy thereof to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing in this Section 6.9 shall affect or limit any right to serve process in any other manner permitted by law.

Appears in 20 contracts

Samples: Common Stock and Warrant Purchase Agreement, Preferred Stock and Warrant Purchase Agreement (Access Pharmaceuticals Inc), Convertible Note and Warrant Purchase Agreement (Access Pharmaceuticals Inc)

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Jurisdiction; Venue; Service of Process. This Agreement shall be subject to the exclusive jurisdiction of the Xxxxxxx Fxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York and if such court does not have proper jurisdiction, the State Courts of New York County, New York. The parties to this Agreement agree that any breach of any term or condition of this Agreement shall be deemed to be a breach occurring in the State of New York by virtue of a failure to perform an act required to be performed in the State of New York and irrevocably and expressly agree to submit to the jurisdiction of the Xxxxxxx Fxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York and if such court does not have proper jurisdiction, the State Courts of New York County, New York for the purpose of resolving any disputes among the parties relating to this Agreement or the transactions contemplated hereby. The parties irrevocably waive, to the fullest extent permitted by law, any objection which they may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement, or any judgment entered by any court in respect hereof brought in New York County, New York, and further irrevocably waive any claim that any suit, action or proceeding brought in Xxxxxxx Fxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York and if such court does not have proper jurisdiction, the State Courts of New York County, New York has been brought in an inconvenient forum. Each of the parties hereto consents to process being served in any such suit, action or proceeding, by mailing a copy thereof to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing in this Section 6.9 shall affect or limit any right to serve process in any other manner permitted by law.

Appears in 2 contracts

Samples: Preferred Stock and Warrant Purchase Agreement (Sco Capital Partners LLC), Preferred Stock and Warrant Purchase Agreement (Sco Capital Partners LLC)

Jurisdiction; Venue; Service of Process. This Agreement shall be subject to the exclusive jurisdiction of the Xxxxxxx Xxxxxxxx XxxxxFederal District Court, Xxxxxxxx Xxxxxxxx Southern District of New York and if such court does not have proper jurisdictioncxxxx xxxx xxx xxxx xxxxxx xxxxxxxxxxxx, the xhe State Courts of New York County, New York. The parties to this Agreement agree that any breach of any term or condition of this Agreement shall be deemed to be a breach occurring in the State of New York by virtue of a failure to perform an act required to be performed in the State of New York and irrevocably and expressly agree to submit to the jurisdiction of the Xxxxxxx Xxxxxxxx XxxxxFederal District Court, Xxxxxxxx Xxxxxxxx Southern District of New York and if such court does not have proper jurisdictioncxxxx xxxx xxx xxxx xxxxxx xxxxxxxxxxxx, the xhe State Courts of New York County, New York for the purpose of resolving any disputes among the parties relating to this Agreement or the transactions contemplated hereby. The parties irrevocably waive, to the fullest extent permitted by law, any objection which they may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement, or any judgment entered by any court in respect hereof brought in New York County, New York, and further irrevocably waive any claim that any suit, action or proceeding brought in Xxxxxxx Xxxxxxxx XxxxxFederal District Court, Xxxxxxxx Xxxxxxxx Southern District of New York and if such court does not have proper jurisdictioncxxxx xxxx xxx xxxx xxxxxx xxxxxxxxxxxx, the xhe State Courts of New York County, New York has been brought in an inconvenient forum. Each of the parties hereto consents to process being served in any such suit, action or proceeding, by mailing a copy thereof to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing in this Section 6.9 shall affect or limit any right to serve process in any other manner permitted by law.

Appears in 2 contracts

Samples: Preferred Stock and Warrant Purchase Agreement (Somanta Pharmaceuticals Inc.), Preferred Stock and Warrant Purchase Agreement (Somanta Pharmaceuticals Inc.)

Jurisdiction; Venue; Service of Process. This Agreement shall be subject to the exclusive jurisdiction of the Xxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York and if such court does not have proper jurisdiction, the State Courts of New York County, New York. The parties to this Agreement agree that any breach of any term or condition of this Agreement shall be deemed to be a breach occurring in the State of New York by virtue of a failure to perform an act required to be performed in the State of New York and irrevocably and expressly agree to submit to the jurisdiction of the Xxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York and if such court does not have proper jurisdiction, the State Courts of New York County, New York for the purpose of resolving any disputes among the parties relating to this Agreement or the transactions contemplated hereby. The parties irrevocably waive, to the fullest extent permitted by law, any objection which they may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement, or any judgment entered by any court in respect hereof brought in New York County, New York, and further irrevocably waive any claim that any suit, action or proceeding brought in Xxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York and if such court does not have proper jurisdiction, the State Courts of New York County, New York has been brought in an inconvenient forum. Each of the parties hereto consents to process being served in any such suit, action or proceeding, by mailing a copy thereof to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing in this Section 6.9 15 shall affect or limit any right to serve process in any other manner permitted by law.

Appears in 2 contracts

Samples: Security Agreement (Access Pharmaceuticals Inc), Security Agreement (Sco Capital Partners LLC)

Jurisdiction; Venue; Service of Process. This Agreement shall be subject to the exclusive jurisdiction of the Xxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York Delaware and if such court does not have proper jurisdiction, the State Courts of New York County, New YorkDelaware. The parties to this Agreement agree that any breach of any term or condition of this Agreement shall be deemed to be a breach occurring in the State of New York Delaware by virtue of a failure to perform an act required to be performed in the State of New York Delaware and irrevocably and expressly agree to submit to the jurisdiction of the Xxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York Delaware and if such court does not have proper jurisdiction, the State Courts of New York County, New York Delaware for the purpose of resolving any disputes among the parties relating to this Agreement or the transactions contemplated hereby. The parties irrevocably waive, to the fullest extent permitted by law, any objection which they may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement, or any judgment entered by any court in respect hereof brought in New York County, New YorkDelaware, and further irrevocably waive any claim that any suit, action or proceeding brought in Xxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York Delaware and if such court does not have proper jurisdiction, the State Courts of New York County, New York Delaware has been brought in an inconvenient forum. Each of the parties hereto consents to process being served in any such suit, action or proceeding, by mailing a copy thereof to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing in this Section 6.9 17 shall affect or limit any right to serve process in any other manner permitted by law.

Appears in 2 contracts

Samples: Security Agreement (Virtual Piggy, Inc.), Security Agreement (Virtual Piggy, Inc.)

Jurisdiction; Venue; Service of Process. This Agreement shall be subject to the exclusive jurisdiction of the Xxxxxxx Fxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York California and if such court does not have proper jurisdiction, the State Courts of New York Santa Cxxxx County, New YorkCalifornia. The parties to this Agreement agree that any breach of any term or condition of this Agreement shall be deemed to be a breach occurring in the State of New York California by virtue of a failure to perform an act required to be performed in the State of New York California and irrevocably and expressly agree to submit to the jurisdiction of the Xxxxxxx Fxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York California and if such court does not have proper jurisdiction, the State Courts of New York Santa Cxxxx County, New York California for the purpose of resolving any disputes among the parties relating to this Agreement or the transactions contemplated hereby. The parties irrevocably waive, to the fullest extent permitted by law, any objection which they may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement, or any judgment entered by any court in respect hereof brought in New York Santa Cxxxx County, New YorkCalifornia, and further irrevocably waive any claim that any suit, action or proceeding brought in Xxxxxxx Fxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York California and if such court does not have proper jurisdiction, the State Courts of New York Santa Cxxxx County, New York California has been brought in an inconvenient forum. Each of the parties hereto consents to process being served in any such suit, action or proceeding, by mailing a copy thereof to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing in this Section 6.9 shall affect or limit any right to serve process in any other manner permitted by law.

Appears in 1 contract

Samples: Securities Purchase Agreement (Iridex Corp)

Jurisdiction; Venue; Service of Process. This Agreement shall be subject to the exclusive jurisdiction of the Xxxxxxx Xxxxxxxx XxxxxFederal District Court, Xxxxxxxx Xxxxxxxx Southern District of New York and if such court does not have proper jurisdictioncoxxx xxxx xxx xxxx xxxxxx xxxxxxxxxxxx, the xxe State Courts of New York County, New York. The parties to this Agreement agree that any breach of any term or condition of this Agreement shall be deemed to be a breach occurring in the State of New York by virtue of a failure to perform an act required to be performed in the State of New York and irrevocably and expressly agree to submit to the jurisdiction of the Xxxxxxx Xxxxxxxx XxxxxFederal District Court, Xxxxxxxx Xxxxxxxx Southern District of New York and if such court does not have proper jurisdictioncoxxx xxxx xxx xxxx xxxxxx xxxxxxxxxxxx, the xxe State Courts of New York County, New York for the purpose of resolving any disputes among the parties relating to this Agreement or the transactions contemplated hereby. The parties irrevocably waive, to the fullest extent permitted by law, any objection which they may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement, or any judgment entered by any court in respect hereof brought in New York County, New York, and further irrevocably waive any claim that any suit, action or proceeding brought in Xxxxxxx Xxxxxxxx XxxxxFederal District Court, Xxxxxxxx Xxxxxxxx Southern District of New York and if such court does not have proper jurisdictioncoxxx xxxx xxx xxxx xxxxxx xxxxxxxxxxxx, the xxe State Courts of New York County, New York has been brought in an inconvenient forum. Each of the parties hereto consents to process being served in any such suit, action or proceeding, by mailing a copy thereof to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing in this Section 6.9 shall affect or limit any right to serve process in any other manner permitted by law.

Appears in 1 contract

Samples: Preferred Stock and Warrant Purchase Agreement (TRUEYOU.COM)

Jurisdiction; Venue; Service of Process. This Agreement shall be subject to the exclusive jurisdiction of the Xxxxxxx Xxxxxxxx XxxxxFederal District Court, Xxxxxxxx Xxxxxxxx Southern District of New York and if such court does not have proper jurisdictioncouxx xxxx xxx xxxx xxxxxx xxxxxxxxxxxx, the xhe State Courts of New York County, New York. The parties to this Agreement agree that any breach of any term or condition of this Agreement shall be deemed to be a breach occurring in the State of New York by virtue of a failure to perform an act required to be performed in the State of New York and irrevocably and expressly agree to submit to the jurisdiction of the Xxxxxxx Xxxxxxxx XxxxxFederal District Court, Xxxxxxxx Xxxxxxxx Southern District of New York and if such court does not have proper jurisdictioncouxx xxxx xxx xxxx xxxxxx xxxxxxxxxxxx, the xxe State Courts of New York County, New York for the purpose of resolving any disputes among the parties relating to this Agreement or the transactions contemplated hereby. The parties irrevocably waive, to the fullest extent permitted by law, any objection which they may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement, or any judgment entered by any court in respect hereof brought in New York County, New York, and further irrevocably waive any claim that any suit, action or proceeding brought in Xxxxxxx Xxxxxxxx XxxxxFederal District Court, Xxxxxxxx Xxxxxxxx Southern District of New York and if such court does not have proper jurisdictioncouxx xxxx xxx xxxx xxxxxx xxxxxxxxxxxx, the xxx State Courts of New York County, New York has been brought in an inconvenient forum. Each of the parties hereto consents to process being served in any such suit, action or proceeding, by mailing a copy thereof to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing in this Section 6.9 shall affect or limit any right to serve process in any other manner permitted by law.

Appears in 1 contract

Samples: Common Stock and Warrant Purchase Agreement (Electric & Gas Technology Inc)

Jurisdiction; Venue; Service of Process. This Agreement shall be subject to the exclusive jurisdiction of the Xxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York and if such court does not have proper jurisdiction, the State Courts of New York County, New York. The parties to this Agreement agree that any breach of any term or condition of this Agreement shall be deemed to be a breach occurring in the State of New York by virtue of a failure to perform an act required to be performed in the State of New York and irrevocably and expressly agree to submit to the jurisdiction of the Xxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York and if such court does not have proper jurisdiction, the State Courts of New York County, New York for the purpose of resolving any disputes among the parties relating to this Agreement or the transactions contemplated hereby. The parties irrevocably waive, to the fullest extent permitted by law, any objection which they may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement, or any judgment entered by any court in respect hereof brought in New York County, New York, and further irrevocably waive any claim that any suit, action or proceeding brought in Xxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York and if such court does not have proper jurisdiction, the State Courts of New York County, New York has been brought in an inconvenient forum. Each of the parties hereto consents to process being served in any such suit, action or proceeding, by mailing a copy thereof to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing in this Section 6.9 shall affect or limit any right to serve process in any other manner permitted by law.mailing

Appears in 1 contract

Samples: Security Agreement (Axs One Inc)

Jurisdiction; Venue; Service of Process. This Agreement shall be subject to the exclusive jurisdiction of the Xxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York and if such court does not have proper jurisdiction, the State Courts of New York County, New York. The parties to this Agreement agree that any breach of any term or condition of this Agreement shall be deemed to be a breach occurring in the State of New York by virtue of a failure to perform an act required to be performed in the State of New York and irrevocably and expressly agree to submit to the jurisdiction of the Xxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York and if such court does not have proper jurisdiction, the State Courts of New York County, New York for the purpose of resolving any disputes among the parties relating to this Agreement or the transactions contemplated hereby. The parties irrevocably waive, to the fullest extent permitted by law, any objection which they may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement, or any judgment entered by any court in respect hereof brought in New York County, New York, and further irrevocably waive any claim that any suit, action or proceeding brought in Xxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York and if such court does not have proper jurisdiction, the State Courts of New York County, New York has been brought in an inconvenient forum. Each of the parties hereto consents to process being served in any such suit, action or proceeding, by mailing a copy thereof to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing in this Section 6.9 7.9 shall affect or limit any right to serve process in any other manner permitted by law.

Appears in 1 contract

Samples: Common Stock and Warrant Purchase Agreement (Spectrum Pharmaceuticals Inc)

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Jurisdiction; Venue; Service of Process. This Agreement shall be subject to the exclusive jurisdiction of the Xxxxxxx Xxxxxxxx Xxxxx[Federal District Court, Xxxxxxxx Xxxxxxxx Southern District of New York York] and if such court does not have proper jurisdiction, the State Courts of [New York County, New York]. The parties to this Agreement agree that any breach of any term or condition of this Agreement shall be deemed to be a breach occurring in the State of [New York York] by virtue of a failure to perform an act required to be performed in the State of [New York York] and irrevocably and expressly agree to submit to the jurisdiction of the Xxxxxxx Xxxxxxxx Xxxxx[Federal District Court, Xxxxxxxx Xxxxxxxx Southern District of New York York] and if such court does not have proper jurisdiction, the State Courts of [New York County, New York York] for the purpose of resolving any disputes among the parties relating to this Agreement or the transactions contemplated hereby. The parties irrevocably waive, to the fullest extent permitted by law, any objection which they may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement, or any judgment entered by any court in respect hereof brought in [New York County, New York], and further irrevocably waive any claim that any suit, action or proceeding brought in Xxxxxxx Xxxxxxxx Xxxxx[Federal District Court, Xxxxxxxx Xxxxxxxx Southern District of New York York] and if such court does not have proper jurisdiction, the State Courts of [New York County, New York York] has been brought in an inconvenient forum. Each of the parties hereto consents to process being served in any such suit, action or proceeding, by mailing a copy thereof to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing in this Section 6.9 shall affect or limit any right to serve process in any other manner permitted by law.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Chatsworth Data Solutions, Inc.)

Jurisdiction; Venue; Service of Process. This Agreement shall be subject To the extent not prohibited by law in effect from time to time, the Lender and each Obligated Party hereby irrevocably submits itself to the exclusive jurisdiction of the Xxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of any New York and if such state court does not have proper jurisdiction, the State Courts of New York County, New York. The parties to this Agreement agree that or any breach of any term or condition of this Agreement shall be deemed to be a breach occurring United States court located in the State of New York by virtue (and any court having jurisdiction over appeals from any such court) in any proceeding between or among them arising out of a failure to perform an act required to be performed or in the State of New York and irrevocably and expressly agree to submit to the jurisdiction of the Xxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York and if such court does not have proper jurisdiction, the State Courts of New York County, New York for the purpose of resolving any disputes among the parties relating manner related to this Agreement or any of the transactions contemplated herebyother Loan Documents, whether arising in contract, tort, or otherwise. The parties Any such suit, action, or proceeding may be brought in the state or federal courts located in the City of New York, State of New York. Each Obligated Party agrees that service of all writs, process, and summonses in any such suit, action, or proceeding may be made on the Borrower ("PROCESS AGENT"). Each Obligated Party hereby irrevocably waiveappoints Process Agent, as its true and lawful attorney-in-fact in its name, place, REVOLVING CREDIT AGREEMENT, PAGE 48 54 and stead to accept such service of any and all such writs, process, and summonses, and agrees that the failure of Process Agent to give any notice of such service of process to it shall not impair or affect the validity of such service or of any judgment based thereon. Each Obligated Party also irrevocably consents to the service of process in any suit, action, or proceeding in said court by the mailing thereof, by registered or certified mail, postage prepaid, to the fullest extent permitted by law, Process Agent or to its address for notices set forth herein. Service shall be deemed effective five (5) days after such mailing. Each Obligated Party irrevocably waives any objection objections which they it may now or hereafter have (including any based on the grounds of forum non conveniens) to the laying of venue of any suit, action action, or proceeding arising out of or relating to this Agreement, or any judgment entered by any court in respect hereof of the Loan Documents brought in New York County, the state or federal courts located in the City of New York, and further irrevocably waive any claim that any suit, action or proceeding brought in Xxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx State of New York and if such court does not have proper jurisdiction, York. Nothing herein impairs the State Courts right to bring proceedings in the courts of New York County, New York has been brought in an inconvenient forum. Each of the parties hereto consents any other jurisdiction or to process being served in any such suit, action or proceeding, by mailing a copy thereof to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing in this Section 6.9 shall affect or limit any right to serve process in any other manner permitted by lawmanner.

Appears in 1 contract

Samples: Revolving Credit Agreement (Unimark Group Inc)

Jurisdiction; Venue; Service of Process. This Agreement shall be subject to the exclusive jurisdiction of the Xxxxxxx Fxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York York, and if such court does not have proper jurisdiction, the State Courts of New York County, New York. The parties to this Agreement hereto agree that any breach of any term or condition of this Agreement shall be deemed to be a breach occurring in the State of New York by virtue of a failure to perform an act required to be performed in the State of New York and irrevocably and expressly agree to submit to the jurisdiction of the Xxxxxxx Fxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York York, and if such court does not have proper jurisdiction, the State Courts of New York County, New York York, for the purpose of resolving any disputes among the parties hereto relating to this Agreement or the transactions contemplated hereby. The parties hereto irrevocably waive, to the fullest extent permitted by law, any objection which they may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement, or any judgment entered by any court in respect hereof brought in New York County, New York, and further irrevocably waive any claim that any suit, action or proceeding brought in Xxxxxxx Fxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York York, and if such court does not have proper jurisdiction, the State Courts of New York County, New York York, has been brought in an inconvenient forum. Each of the parties hereto consents to process being served in any such suit, action or proceeding, by mailing a copy thereof to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing in this Section 6.9 6.8 shall affect or limit any right to serve process in any other manner permitted by law.. - -

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Uluru Inc.)

Jurisdiction; Venue; Service of Process. This Agreement shall be subject Each party hereto irrevocably submits to the exclusive jurisdiction of (a) the Xxxxxxx Xxxxxxxx XxxxxCivil Branch of the Supreme Court of the State of New York, Xxxxxxxx Xxxxxxxx New York County and (b) the United States District Court for the Southern District of New York and if such court does not have proper jurisdictionfor the purposes of any action, suit or other proceeding arising out of, relating to or in connection with this Agreement or any transaction contemplated hereby. Each party hereto agrees to commence any action, suit or other proceeding arising out of, relating to or in connection with this Agreement or any transaction contemplated hereby in the Civil Branch of the Supreme Court of the State Courts of New York, New York County, or, if such action, suit or other proceeding may not be brought in such court for jurisdictional reasons, in the United States District Court for the Southern District of New York. The parties to this Agreement agree Each party hereto further agrees that any breach service of any term process, summons, notice or condition of this Agreement document by courier or personal delivery in accordance with Section 9.2 shall be deemed to be a breach occurring effective service of process for any action, suit or other proceeding in the State of New York by virtue of a failure with respect to perform an act required any matters to be performed which it has submitted to jurisdiction in the State of New York and this Section 9.11. Each party hereto irrevocably and expressly agree to submit to the jurisdiction of the Xxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York and if such court does not have proper jurisdiction, the State Courts of New York County, New York for the purpose of resolving any disputes among the parties relating to this Agreement or the transactions contemplated hereby. The parties irrevocably waive, to the fullest extent permitted by law, unconditionally waives any objection which they may now or hereafter have to the laying of venue of any suitaction, action suit or other proceeding arising out of or of, relating to or in connection with this Agreement, Agreement or any judgment entered by any court transaction contemplated hereby in respect hereof brought in (i) the Civil Branch of the Supreme Court of the State of New York, New York County, County or (ii) the United States District Court for the Southern District of New York, and hereby further irrevocably waive and unconditionally waives, and shall not assert by way of motion, defense, or otherwise, in any such action, suit or other proceeding, any claim that any suitit is not subject personally to the jurisdiction of the above-named courts, action that its property is exempt or immune from attachment or execution, that such action, suit or other proceeding brought in Xxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxxx of New York and if such court does not have proper jurisdiction, the State Courts of New York County, New York has been is brought in an inconvenient forum. Each , that the venue of such action, suit or other proceeding is improper, or that this Agreement or the transactions contemplated hereby may not be enforced in or by any of the parties hereto consents to process being served in any such suit, action or proceeding, by mailing a copy thereof to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing in this Section 6.9 shall affect or limit any right to serve process in any other manner permitted by lawabove-named courts.

Appears in 1 contract

Samples: Royalty Purchase Agreement (Aptevo Therapeutics Inc.)

Jurisdiction; Venue; Service of Process. This Agreement shall be subject to the exclusive jurisdiction of the Xxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxx Xxxxxxxx of New York California and if such court does not have proper jurisdiction, the State Courts of New York Los Angeles County, New YorkCalifornia. The parties to this Agreement agree that any breach of any term or condition of this Agreement shall be deemed to be a breach occurring in the State of New York California by virtue of a failure to perform an act required to be performed in the State of New York California and irrevocably and expressly agree to submit to the jurisdiction of the Xxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxx Xxxxxxxx of New York California and if such court does not have proper jurisdiction, the State Courts of New York Los Angeles County, New York California for the purpose of resolving any disputes among the parties relating to this Agreement or the transactions contemplated hereby. The parties irrevocably waive, to the fullest extent permitted by law, any objection which they may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement, or any judgment entered by any court in respect hereof brought in New York Los Angeles County, New YorkCalifornia, and further irrevocably waive any claim that any suit, action or proceeding brought in Xxxxxxx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxxx Xxxxxxxx of New York California and if such court does not have proper jurisdiction, the State Courts of New York Los Angeles County, New York California has been brought in an inconvenient forum. Each of the parties hereto consents to process being served in any such suit, action or proceeding, by mailing a copy thereof to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing in this Section 6.9 17 shall affect or limit any right to serve process in any other manner permitted by law.

Appears in 1 contract

Samples: Security Agreement (Virtual Piggy, Inc.)

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