Choice of Law Provisions. The choice of law provisions set forth in Section 11.14 are legal, valid and binding under the Laws of Ireland, Bermuda, Luxembourg and each other jurisdiction in which any Loan Party that is a Foreign Subsidiary is organized, and Ultimate Parent knows of no reason why the courts of Ireland, Bermuda, Luxembourg or any such other jurisdiction will not give effect to the choice of law of the State of New York as the proper law, other than through the exercise by any such court of discretionary powers under general principles of equity or public policy limitations in each case not specifically relating to such provisions. Ultimate Parent has the legal capacity to xxx and be sued in its own name under the Laws of Ireland, Intermediate Parent has the legal capacity to xxx and be sued in its own name under the Laws of Bermuda, each of the Borrower and Actavis SCS has the legal capacity to xxx and be sued in its own name under the Laws of Luxembourg and each other Loan Party that is a Foreign Subsidiary has the legal capacity to xxx and be sued in its own name under the Laws of its jurisdiction of formation, incorporation or organization, as applicable. Each of Ultimate Parent and each Loan Party that is a Foreign Subsidiary has the power to submit, and has irrevocably submitted, to the exclusive jurisdiction of the courts of the State of New York sitting in New York County and of the United States District Court of the Southern District of New York, and any appellate court from any thereof, and such irrevocable submission and the waiver by Ultimate Parent and each Loan Party that is a Foreign Subsidiary of any immunity and any objection to the venue of the proceedings in such Federal or state court are legal, valid and binding obligations of Ultimate Parent or such Loan Party, as applicable, and Ultimate Parent knows of no reason why the courts of Ireland, Bermuda, Luxembourg or any other jurisdiction where any Loan Party that is a Foreign Subsidiary is organized would not give effect to such submission and waivers, other than through the exercise by any such court of discretionary powers under general principles of equity or based on public policy limitations in each case not specifically relating to such submission and waivers. Each of Ultimate Parent and each Loan Party that is a Foreign Subsidiary has validly and irrevocably appointed Actavis as its authorized agent for the purpose described in Section 11.14. Service of process in the manner set forth in Sec...
Choice of Law Provisions. The choice of law provisions set forth in Section 9.09 are legal, valid and binding under the laws of Bermuda, and the Company knows of no reason why the courts of Bermuda will not give effect to the choice of law of the State of New York (or, as applicable, the State of Delaware) as the proper law, other than through the exercise by any such court of discretionary powers under general principles of equity or public policy limitations in each case not specifically relating to such provisions. The Company has the power to submit, and has irrevocably submitted, to the jurisdiction of the Supreme Court of the State of New York sitting in New York County and of the United States District Court of the Southern District of New York, and any appellate court from any thereof, and such irrevocable submission and the waiver by the Company of any immunity and any objection to the venue of the proceedings in such State or Federal court are legal, valid and binding obligations of the Company, and the Company knows of no reason why the courts of Bermuda would not give effect to such submission and waivers, other than through the exercise by any such court of discretionary powers under general principles of equity or based on public policy limitations in each case not specifically relating to such submission and waivers.
Choice of Law Provisions. The choice of law provisions set forth in Section 9.09 are legal, valid and binding under the laws of the Netherlands and each other jurisdiction in which any Non-U.S. Loan Party is organized, and neither the Company nor the Dutch Borrower knows of any reason why the courts of the Netherlands or any such other jurisdiction will not give effect to the choice of law of the State of New York as the proper law. The Dutch Borrower has the legal capacity to xxx and be sued in its own name under the laws of the Netherlands and each other Non-U.S. Loan Party has the legal capacity to xxx and be sued in its own name under the laws of its jurisdiction of formation, incorporation or organization, as applicable. Each of the Non-U.S. Loan Parties has the power to submit, and has irrevocably submitted, to the exclusive jurisdiction of the Supreme Court of the State of New York sitting in New York County and of the United States District Court of the Southern District of New York, and any appellate court from any thereof, and such irrevocable submission and the waiver by each Non-U.S. Loan Party of any immunity and any objection to the venue of the proceedings in such Federal or State court are legal, valid and binding obligations of such Non-U.S. Loan Party, and neither the Company nor the Dutch Borrower knows of any reason why the courts of the Netherlands or any other jurisdiction where any Non-U.S. Loan Party is organized would not give effect to such submission and waivers. Each Non-U.S. Loan Party has validly and irrevocably appointed the Authorized Agent as its authorized agent for the purpose described in Section 9.09. Service of process in the manner set forth in Section 9.09(b) will be effective to confer valid personal jurisdiction over each Non-U.S. Loan Party, and the courts of the jurisdiction of formation, incorporation or organization, as applicable, of such Non-U.S. Loan Party will recognize as valid and final, and will enforce, any final and conclusive judgment against such Non-U.S. Loan Party obtained in any such Federal or State court arising out of or in relation to the obligations such Non-U.S. Loan Party under the Loan Documents. The representations set forth in this Section are subject to applicable bankruptcy, insolvency, reorganization, moratorium, winding-up or other laws affecting creditors’ rights generally and to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Choice of Law Provisions. For these provisions, please see the Choice of Law section, Item 130 above.
Choice of Law Provisions. For these provisions, please see the Choice of Law section, Item 130 above. C. BLOCKING, BRACING AND CLEANING REQUIREMENTS: Acceptance of a Shipment for transportation by UPRR - or any rail carrier that is a party to any agreement subject to this MITA- does not constitute a waiver of the Customer, Shipper or Broker's responsibility to conform and comply with the terms and conditions of this agreement. By tendering an Intermodal unit to UPRR, the Customer, Shipper or Broker expressly warrants that the Intermodal unit is properly blocked and braced and in all manner conforms to the terms and Issued: Effective: November 12, 2014 November 15, 2014 MITA 2-A Page: 3 of 10 Item: 310-G Continued on next page
Choice of Law Provisions. The terms and provisions of this Agreement shall be construed in accordance with the laws of the State of Tennessee without regard for any rules on conflicts of laws. Any legal suit, action or proceeding arising out of or relating to this Agreement shall be instituted in the federal or state courts located in Maury County, Tennessee and each party irrevocably submits to the exclusive jurisdiction of such courts.
Choice of Law Provisions. The terms and provisions of this agreement shall be construed in accordance with the laws of the state of Maryland without regard for any rules on conflicts on laws.
Choice of Law Provisions. The choice of law provisions set forth in Section 9.09 are legal, valid and binding under the laws of Bermuda, and Marvell knows of no reason why the courts of Bermuda will not give effect to the choice of law of the State of New York as the proper law, other than through the exercise by any such court of discretionary powers under general principles of equity or public policy limitations in each case not specifically relating to such provisions. Marvell has the power to submit, and has irrevocably submitted, to the jurisdiction of the Supreme Court of the State of New York sitting in New York County and of the United States District Court of the Southern District of New York, and any appellate court from any thereof, and such irrevocable submission and the waiver by Marvell of any immunity and any objection to the venue of the proceedings in such State or Federal court are legal, valid and binding obligations of Marvell, and Marvell knows of no reason why the courts of Bermuda would not give effect to such submission and waivers, other than through the exercise by any such court of discretionary powers under general principles of equity or based on public policy limitations in each case not specifically relating to such submission and waivers.
Choice of Law Provisions. Choice of law provisions dictate the state’s law that will govern a dispute related to or arising under the service provider agreement, and the venue in which such dispute will be litigated. Choice of law provisions are often included in service provider agreements. Preemptive analysis of the jurisprudence surrounding the contractual issues discussed throughout this document should be performed to determine the most favorable jurisdiction should a data privacy incident occur. This can be especially important if the service provider is not located within the United States. Suggested best practices for a choice of law provision include that the parties agree to be governed by the law of a specific state within the United States and make the courts of that state the proper venue for lawsuits.
