Common use of Consent to Jurisdiction; Waivers Clause in Contracts

Consent to Jurisdiction; Waivers. Each of the parties hereto irrevocably submits to the exclusive jurisdiction of (a) the Delaware Chancery Court, and (b) the United States District Court for Delaware, for the purposes of confirming, modifying or vacating any alternative dispute resolution award provided in accordance with Section 2.10 (an "Award Action"). Each of the parties hereto agrees to commence any Award Action relating hereto either in the United States District Court for Delaware or if such Award Action may not be brought in such court for jurisdictional reasons, in the Delaware Chancery Court. Each of the parties hereto further agrees that service of any process, summons, notice or document by U.S. registered mail to such party's respective address set forth in Section 2.2 shall be effective service of process for any Award Action in Delaware with respect to any matters to which it has submitted to jurisdiction in this Section 2.10. Each of the parties hereto irrevocably and unconditionally waives any objection to the laying of venue of any Award Action arising out of this Agreement in (i) the Delaware Chancery Court, or (ii) the United States District Court for Delaware, and hereby further irrevocably and unconditionally waives and agrees not to plead or claim in any such court that any such Award Action brought in any such court has been brought in an inconvenient forum.

Appears in 4 contracts

Samples: Registration Rights Agreement (Apollo Real Estate Investment Fund L P/Ny), Registration Rights Agreement (Schuler Homes Inc), Registration Rights Agreement (Schuler Holdings Inc)

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Consent to Jurisdiction; Waivers. Each Subject to Section 12.13, each of the parties hereto irrevocably submits to the exclusive jurisdiction of (a) the Delaware Chancery Court, and (b) the United States District Court for Delaware, for the purposes of confirming, modifying any Action arising out of this Agreement or vacating any alternative dispute resolution award provided in accordance with Section 2.10 (an "Award Action")transaction contemplated hereby. Each of the parties hereto agrees to commence any Award Action relating hereto either in the United States District Court for Delaware or if such Award Action may not be brought in such court for jurisdictional reasons, in the Delaware Chancery Court. Each of the parties hereto further agrees that service of any process, summons, notice or document by U.S. registered mail to such party's respective address set forth in Section 2.2 12.2 shall be effective service of process for any Award Action in Delaware with respect to any matters to which it has submitted to jurisdiction in this Section 2.1012.14. Each of the parties hereto irrevocably and unconditionally waives any objection to the laying of venue of any Award Action arising out of this Agreement or any transaction contemplated hereby in (i) the Delaware Chancery Court, or (ii) the United States District Court for Delaware, and hereby further irrevocably and unconditionally waives and agrees not to plead or claim in any such court that any such Award Action brought in any such court has been brought in an inconvenient forum.

Appears in 4 contracts

Samples: Agreement and Plan of Reorganization (Schuler Homes Inc), Agreement and Plan of Reorganization (Apollo Real Estate Investment Fund L P/Ny), Agreement and Plan of Reorganization (Schuler James K)

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Consent to Jurisdiction; Waivers. Each of the parties hereto irrevocably submits to the exclusive jurisdiction of (ai) the Delaware Chancery Court, and (bii) the United States District Court for Delaware, for the purposes of either an injunction action or confirming, modifying or vacating any alternative dispute resolution award provided in accordance with Section 2.10 subsection 5(k) above (an "Award ActionAWARD ACTION"). Each of the parties hereto agrees to commence any Award Action relating hereto either in the United States District Court for Delaware or if such Award Action may not be brought in such court for jurisdictional reasons, in the Delaware Chancery Court. Each of the parties hereto further agrees that service of any process, summons, notice or document by U.S. registered mail to such party's respective address set forth in Section 2.2 subsection 5(a) above shall be effective service of process for any Award Action in Delaware with respect to any matters to which it has submitted to jurisdiction in this Section 2.10subsection 5(l). Each of the parties hereto irrevocably and unconditionally waives any objection to the laying of venue of any Award Action arising out of this Agreement in (i) the Delaware Chancery Court, Court or (ii) the United States District Court for Delaware, and hereby further irrevocably and unconditionally waives and agrees not to plead or claim in any such court that any such Award Action brought in any such court has been brought in an inconvenient forum.

Appears in 2 contracts

Samples: Voting Agreement (Schuler Homes Inc), Voting Agreement (Schuler James K)

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