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, any of the agreements contemplated hereby or otherwise, (a) each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in New York, New York, (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 New York, New York, (c) each of the parties irrevocably waives the right to trial by jury, (d) each of the parties irrevocably agrees to designate a service company located in the United States as its agent for service of process and consents to service of process by first class certified mail, return receipt requested, postage prepaid, to the address at which such party is located, and (e) the prevailing parties shall be entitled to recover their reasonable attorneys’ fees, costs and disbursements from the other parties (in addition to any other relief to which the prevailing parties may be entitled).”

Appears in 2 contracts

Sources: Settlement Agreement (Brightpoint Inc), Settlement Agreement (Nordic Capital VI LTD)

Jurisdiction and Process. In any action between or among any of the parties, whether arising out of this Agreement, any of the agreements contemplated hereby or otherwise, (a) each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in New York, New York, (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 New York, New York, (c) each of the parties irrevocably waives the right to trial by jury, (d) each of the parties irrevocably agrees to designate a service company located in the United States as its agent for service of process and consents to service of process by first class certified mail, return receipt requested, postage prepaid, to the address at which such party is located, and (e) the prevailing parties shall be entitled to recover their reasonable attorneys’ fees, costs and disbursements from the other parties (in addition to any other relief to which the prevailing parties may be entitled).

Appears in 1 contract

Sources: Stock Purchase Agreement (Brightpoint Inc)

Jurisdiction and Process. In any action between or among any of the parties, whether arising out of this Agreement, any of the agreements contemplated hereby or otherwise, (a) each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in New York, the State of New York, (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 New York, the State of New York, (c) each of the parties irrevocably waives the right to trial by jury, (d) each of the parties irrevocably agrees to designate a service company located in the United States as its agent for service of process and consents to service of process by first class certified mail, return receipt requested, postage prepaid, to the address at which such party is locatedto receive notice in accordance with Section 11.4, and (e) the prevailing parties shall be entitled to recover their reasonable attorneys' fees, costs and disbursements from the other parties (in addition to any other relief to which the prevailing parties may be entitled).

Appears in 1 contract

Sources: Stock Purchase Agreement (Take Two Interactive Software Inc)

Jurisdiction and Process. In any action between or among any of the parties, whether arising out of this Agreement, any of the agreements contemplated hereby or otherwise, (a) each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in New York, the State of New York, (b) if any such action is commenced in a state court, then, subject to applicable law, no party Party shall object to the removal of such action to any federal court located in New York, the State of New York, (c) each of the parties irrevocably waives the right to trial by jury, (d) each of the parties Parties irrevocably agrees to designate a service company located in the United States as its agent for service of process and consents to service of process by first class certified mail, return receipt requested, postage prepaid, to the address at which such party Party is locatedto receive notice in accordance with Section 14.2, and (e) the prevailing parties shall be entitled to recover their reasonable attorneys’ fees, costs and disbursements from the other parties (in addition to any other relief to which the prevailing parties may be entitled).

Appears in 1 contract

Sources: Merger Agreement (Edgar Online Inc)

Jurisdiction and Process. In any action between or among any of the partiesParties, whether arising out of this Agreement, any of the agreements contemplated hereby or otherwise, (a) each of the parties Parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in New York, the State of New York, (b) if any such action is commenced in a state court, then, subject to applicable lawLaw, no party Party shall object to the removal of such action to any federal court located in the State of New York, New York, ; (c) each of the parties Parties irrevocably waives the right to trial by jury, (d) each of the parties Parties irrevocably agrees to designate a service company located in the United States as its agent for service of process and consents to service of process by first class certified mail, return receipt requested, postage prepaid, to the address at which such party Party is locatedto receive notice in accordance with Section 10.2, and (e) the prevailing parties Parties shall be entitled to recover their reasonable attorneys’ fees, costs and disbursements from the other parties Parties (in addition to any other relief to which the prevailing parties Parties may be entitled).

Appears in 1 contract

Sources: Stock Purchase Agreement (Hampshire Group LTD)

Jurisdiction and Process. In any action between or among any of the parties, whether arising out of this Escrow Agreement, any of the agreements contemplated hereby or otherwise, (a) each of the parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in New York, New York, (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 New York, New York, (c) each of the parties irrevocably waives the right to trial by jury, (d) each of the parties irrevocably agrees to designate a service company located in the United States as its agent for service of process and consents to service of process by first class certified mail, return receipt requested, postage prepaid, to the address at which such party is located, and (e) the prevailing parties shall be entitled to recover their reasonable attorneys’ fees, costs and disbursements from the other parties (in addition to any other relief to which the prevailing parties may be entitled).

Appears in 1 contract

Sources: Escrow Agreement (Brightpoint Inc)