Common use of Submission to Jurisdiction; Selection of Forum Clause in Contracts

Submission to Jurisdiction; Selection of Forum. Each party hereto agrees that any action or proceeding for any claim arising out of or related to this Agreement or the transactions contained in or contemplated by this Agreement, whether in tort or contract or at law or in equity, shall be brought only in either the Bankruptcy Court, while the Debtors’ Cases are pending, or thereafter in any New York federal court sitting in the Borough of Manhattan of the City of New York or in any New York state court sitting in the Borough of Manhattan of the City of New York (each, a “Chosen Court”), and each party irrevocably (a) submits to the jurisdiction of the Chosen Courts (and of their appropriate appellate courts), (b) waives any objection to laying venue in any such action or proceeding in either Chosen Court, (c) waives any objection that such Chosen Court is an inconvenient forum for the action or proceeding, (d) agrees that, in addition to other methods of service provided by law, service of process in any such action or proceeding shall be effective if provided in accordance with Section 16.1 of this Agreement, and the effective date of such service of process shall be as set forth in Section 16.1 and (e) agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

Submission to Jurisdiction; Selection of Forum. Each party hereto agrees that any action or proceeding for any claim arising out of or related to this Agreement or the transactions contained in or contemplated by this AgreementAgreement and the other Operative Documents, whether in tort or contract or at law or in equity, shall be brought only (i) in either the case of a proceeding involving Debtors, in the Bankruptcy Court, while the Debtors’ Cases are pending, or thereafter thereafter, in any other New York federal court sitting in the Borough City of Manhattan New York, or (ii) in the case of a proceeding solely involving non-Debtors, in any federal court sitting in the City of New York York, or, if such court indicated in (i) or in any (ii) does not have jurisdiction, the relevant New York state State court sitting in the Borough of Manhattan of the City of New York (eacheach such court, a “Chosen Court”), and each party irrevocably (a) submits to the jurisdiction of the Chosen Courts (and of their appropriate appellate courts), (b) waives any objection to laying venue in any such action or proceeding in either Chosen Court, (c) waives any objection that such Chosen Court is an inconvenient forum for the action or proceeding, and (d) agrees that, in addition to other methods of service provided by law, to the full extent provided by applicable law service of process in any such action or proceeding shall be effective if provided in accordance with Section 16.1 17.1 of this Agreement, and the effective date of such service of process shall be as set forth in Section 16.1 and (e) agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law17.1.

Submission to Jurisdiction; Selection of Forum. Each party hereto agrees that any action or proceeding for any claim arising out of or related to this Agreement or the transactions contained in or contemplated by this AgreementAgreement and the other Operative Documents, whether in tort or contract or at law or in equity, shall be brought only in either the Bankruptcy Court, while the Debtors’ Cases are pending, or thereafter thereafter, in any other New York federal court sitting in the Borough of Manhattan of the City of New York York, or in any New York state State court sitting in the Borough of Manhattan of in the City of New York (eachYork(each such court, a “Chosen Court”), and each party irrevocably (a) submits to the jurisdiction of the Chosen Courts (and of their appropriate appellate courts), (b) waives any objection to laying venue in any such action or proceeding in either Chosen Court, (c) waives any objection that such Chosen Court is an inconvenient forum for the action or proceeding, (d) agrees that, in addition to other methods of service provided by law, to the fullest extent provided by applicable law service of process in any such action or proceeding shall be effective if provided in accordance with Section 16.1 of this Agreement, and the effective date of such service of process shall be as set forth in Section 16.1 16.1, and (e) agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.