Notwithstanding Clause 16. 2, and irrespective of whether any arbitration has been commenced pursuant to Clause 16.2, each of the Joint Sponsors and the Underwriting Parties shall also have the sole and absolute right: (i) to refer any Dispute to any court of competent jurisdiction for injunctive relief in relation to and/or in support of any dispute arising out of and in connection with this Agreement; and (ii) in circumstances in which they become or are joined as a defendant or third party in any proceedings, to pursue claims against the Company and/or the Warranting Shareholders in those proceedings (whether by way of a claim for an indemnity, contribution or otherwise) and for such purposes the Company and the Warranting Shareholders hereby irrevocably consent to be joined as parties to such proceedings.
Appears in 2 contracts
Sources: Hong Kong Underwriting Agreement, Hong Kong Underwriting Agreement