Common use of Jurisdiction and Process Clause in Contracts

Jurisdiction and Process. In any action between or among any of the parties, whether arising out of this Agreement or otherwise, (a) each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in the Commonwealth of Pennsylvania, (b) if any such action is commenced in a state court, then, subject to applicable law, no party shall object to the removal of such action to any federal court located in the Commonwealth of Pennsylvania, (c) each of the parties irrevocably waives the right to trial by jury, (d) each of the parties irrevocably consents to service of process by first class certified mail, return receipt requested, postage prepaid, to the address at which such party is to receive notice in accordance with Section 5(b), and (e) the prevailing parties shall be entitled to recover their reasonable attorneys' fees and court costs from the other parties.

Appears in 3 contracts

Sources: Affiliate Agreement (Sungard Data Systems Inc), Affiliate Agreement (Sungard Data Systems Inc), Affiliate Agreement (Sungard Data Systems Inc)

Jurisdiction and Process. In any action between or among any of the parties, whether arising out of this Agreement or otherwise, (a) each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in the Commonwealth of Pennsylvania, (b) if any such action is commenced in a state court, then, subject to applicable law, no party shall object to the removal of such action to any federal court located in the Commonwealth of Pennsylvania, (c) each of the parties irrevocably waives the right to trial by jury, and (d) each of the parties irrevocably consents to service of process by first class certified mail, return receipt requested, postage prepaid, to the address at which such party is to receive notice in accordance with Section 5(b)12.5, and (e) the prevailing parties shall be entitled to recover their reasonable attorneys' fees and court costs from the other parties.

Appears in 3 contracts

Sources: Agreement and Plan of Reorganization (Healthaxis Inc), Agreement and Plan of Reorganization (Healthaxis Inc), Agreement and Plan of Reorganization (Healthaxis Inc)

Jurisdiction and Process. In any action between or among any of the parties, whether arising out of this Agreement or otherwise, (a) each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in the Commonwealth of Pennsylvania, ; (b) if any such action is commenced in a state court, then, subject to applicable law, no party shall object to the removal of such action to any federal court located in the Commonwealth of Pennsylvania, ; (c) each of the parties irrevocably waives the right to trial by jury, ; (d) each of the parties irrevocably consents to service of process by first class certified mail, return receipt requested, postage prepaid, to the address at which such party is to receive notice in accordance with Section 5(b), 9.1; and (e) the prevailing parties shall be entitled to recover their reasonable attorneys' attorney's fees (including, if applicable, charges for in-house counsel) and court costs from the other parties.

Appears in 2 contracts

Sources: Nondisclosure, Nonsolicitation, Noncompetition and Standstill Agreement (Nco Group Inc), Nondisclosure, Nonsolicitation, Noncompetition and Standstill Agreement (Nco Group Inc)

Jurisdiction and Process. In any action between or among any of the parties, whether arising out of this Agreement or otherwise, (a) each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in the Commonwealth of Pennsylvania, (b) if any such action is commenced in a state court, then, subject to applicable law, no party shall object to the removal of such action to any federal court located in the Commonwealth of Pennsylvania, (c) each of the parties irrevocably waives the right to trial by jury, (d) each of the parties irrevocably consents to service of process by first class certified mail, return receipt requested, postage prepaid, to the address at which such party is to receive notice in accordance with Section 5(b), 10.4 and (e) the prevailing parties shall be entitled to recover their reasonable attorneys' fees and court costs from the other parties.

Appears in 2 contracts

Sources: Merger Agreement (Nco Group Inc), Merger Agreement (RMH Teleservices Inc)

Jurisdiction and Process. In any action between or among any of the parties, whether arising out of this Agreement or otherwise, (a) each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in the Commonwealth of Pennsylvania, (b) if any such action is commenced in a state court, then, subject to applicable law, no party shall object to the removal of such action to any federal court located in the Commonwealth of Pennsylvania, (c) each of the parties irrevocably waives the right to trial by jury, (d) each of the parties irrevocably consents to service of process by first class certified air mail, return receipt requested, postage prepaid, to the address at which such party is to receive notice in accordance with Section 5(b), and (e) the prevailing parties shall be entitled to recover their reasonable attorneys' fees and court costs from the other parties.

Appears in 2 contracts

Sources: Affiliate Agreement (Sungard Data Systems Inc), Affiliate Agreement (Sungard Data Systems Inc)

Jurisdiction and Process. In any action between or among any of the parties, whether arising out of this Agreement or otherwise, (a) each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in the Commonwealth of Pennsylvania, (b) if any such action is commenced in a state court, then, subject to applicable law, no party shall object to the removal of such action to any federal court located in the Commonwealth of Pennsylvania, (c) each of the parties irrevocably waives the right to trial by jury, and (d) each of the parties irrevocably consents to service of process by first class certified mail, return receipt requested, postage prepaid, to the address at which such party is to receive notice in accordance with Section 5(b)11.4, and (e) the prevailing parties shall be entitled to recover their reasonable attorneys' fees and court costs from the other parties.

Appears in 2 contracts

Sources: Agreement and Plan of Merger (Creditrust Corp), Agreement and Plan of Merger (Nco Group Inc)

Jurisdiction and Process. In any action between or among any of the parties, whether arising out of this Agreement or otherwise, (a) each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in the Commonwealth of Pennsylvania, ; (b) if any such action is commenced in a state court, then, subject to applicable law, no party shall object to the removal of such action to any federal court located in the Commonwealth of Pennsylvania, ; (c) each of the parties irrevocably waives the right to trial by jury, ; (d) each of the parties irrevocably consents to service of process by first class certified mail, return receipt requested, postage prepaid, to the address at which such party is to receive notice in accordance with Section 5(b9(a), ; and (e) the prevailing parties shall be entitled to recover their reasonable attorneys' attorney's fees (including, if applicable, charges for in-house counsel) and court costs from the other parties.

Appears in 1 contract

Sources: Registration Rights Agreement (Nco Group Inc)

Jurisdiction and Process. In any action between or among any of the parties, whether arising out of this Agreement or otherwise, (a) each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in the Commonwealth of Pennsylvania, ; (b) if any such action is commenced in a state court, then, subject to applicable law, no party shall object to the removal of such action to any federal court located in the Commonwealth of Pennsylvania, ; (c) each of the parties irrevocably waives the right to trial by jury, ; (d) each of the parties irrevocably consents to service of process by first class certified mail, return receipt requested, postage prepaid, to the address at which such party is to receive notice in accordance with Section 5(b), 10.2; and (e) the prevailing parties shall be entitled to recover their reasonable attorneys' attorney's fees (including, if applicable, charges for in-house counsel) and court costs from the other parties.

Appears in 1 contract

Sources: Asset Acquisition Agreement (Nco Group Inc)

Jurisdiction and Process. In any action between or among any of the parties, whether arising out of this Agreement or otherwise, (a) each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in the Commonwealth of Pennsylvania, ; (b) if any such action is commenced in a state court, then, subject to applicable law, no party shall object to the removal of such action to any federal court located in the Commonwealth of Pennsylvania, ; (c) each of the parties irrevocably waives the right to trial by jury, ; (d) each of the parties irrevocably consents to service of process by first class certified mail, return receipt requested, postage prepaid, to the address at which such party is to receive notice in accordance with Section 5(b), 12.2; and (e) the prevailing parties shall be entitled to recover their reasonable attorneys' attorney's fees (including, if applicable, charges for in-house counsel) and court costs from the other parties.

Appears in 1 contract

Sources: Asset Acquisition Agreement (Safeguard Scientifics Inc Et Al)

Jurisdiction and Process. In any action between or among any of the parties, whether arising out of this Agreement or otherwise, (a) each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in the Commonwealth of Pennsylvania, (b) if any such action is commenced in a state court, then, subject to applicable law, no party shall object to the removal of such action to any federal court located in the Commonwealth of Pennsylvania, (c) each of the parties irrevocably waives the right to trial by jury, (d) each of the parties irrevocably consents to service of process by first class certified mail, return receipt requested, postage prepaid, to the address at which such party is to receive notice in accordance with Section 5(b)12.2, and (e) the prevailing parties shall be entitled to recover their reasonable attorneys' fees and court costs from the other parties.

Appears in 1 contract

Sources: Merger Agreement (Sungard Data Systems Inc)

Jurisdiction and Process. In any action between or among any of the parties, whether arising out of this Agreement or otherwise, (ai) each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in the Commonwealth of Pennsylvania, (bii) if any such action is commenced in a state court, then, subject to applicable law, no party shall object to the removal of such action to any federal court located in the Commonwealth of Pennsylvania, (ciii) each of the parties irrevocably waives the right to trial by jury, (div) each of the parties irrevocably consents to service of process by first class certified mail, return receipt requested, postage prepaid, to the address at which such party is to receive notice in accordance with Section 5(b6(b), and (ev) the prevailing parties shall be entitled to recover their reasonable attorneys' fees and court costs from the other parties.

Appears in 1 contract

Sources: Voting and Cooperation Agreement (Sungard Data Systems Inc)

Jurisdiction and Process. In any action between or among any of the parties, whether arising out of this Agreement or otherwise, (a) each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in the Commonwealth of PennsylvaniaKentucky, (b) if any such action is commenced in a state court, then, subject to applicable law, no party shall object to the removal of such action to any federal court located in the Commonwealth of PennsylvaniaKentucky, (c) each of the parties irrevocably waives the right to trial by jury, (d) each of the parties irrevocably consents to service of process by first class certified mail, return receipt requested, postage prepaid, to the address at which such party is to receive notice in accordance with Section 5(b6(b), and (e) the prevailing parties shall be entitled to recover their reasonable attorneys' ’ fees and court costs from the other parties.

Appears in 1 contract

Sources: Lockup and Purchase Agreement (Wynnchurch Capital Partners Lp)

Jurisdiction and Process. In any action between or among any of the parties, whether arising out of this Agreement or otherwise, (a) each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in the Commonwealth of Pennsylvania, ; (b) if any such action is commenced in a state court, then, subject to applicable law, no party shall object to the removal of such action to any federal court located in the Commonwealth of Pennsylvania, ; (c) each of the parties irrevocably waives the right to trial by jury, ; (d) each of the parties irrevocably consents to service of process by first class certified mail, return receipt requested, postage prepaid, to the address at which such party is to receive notice in accordance with Section 5(b), 16.4; and (e) the prevailing parties shall be entitled to recover their reasonable attorneys' attorney's fees and court costs from the other parties.

Appears in 1 contract

Sources: Agreement and Plan of Reorganization (Sungard Data Systems Inc)

Jurisdiction and Process. In any action between or among any of the parties, whether arising out of this Agreement or otherwise, (a) each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in the Commonwealth of Pennsylvania, ; (b) if any such action is commenced in a state court, then, subject to applicable law, no party shall object to the removal of such action to any federal court located in the Commonwealth of Pennsylvania, ; (c) each of the parties irrevocably waives the right to trial by jury, ; (d) each of the parties irrevocably consents to service of process by first class certified mail, return receipt requested, postage prepaid, to the address at which such party is to receive notice in accordance with Section 5(b), and (e) the prevailing parties shall be entitled to recover their reasonable attorneys' fees and court costs from the other parties.

Appears in 1 contract

Sources: Stock Purchase Agreement (Nco Group Inc)