Common use of Waiver of Trial by Jury Clause in Contracts

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereof.

Appears in 616 contracts

Samples: Registration Rights Agreement (DT Cloud Star Acquisition Corp), Registration Rights Agreement (Bitfufu Inc.), Registration Rights Agreement (DT Cloud Acquisition Corp)

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Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Sponsor in the negotiation, administration, performance or enforcement hereof.

Appears in 226 contracts

Samples: Business Combination Agreement (Learn CW Investment Corp), Registration Rights Agreement (Cadiz Inc), Registration and Shareholder Rights Agreement (Oaktree Acquisition Corp. III)

Waiver of Trial by Jury. Each party The parties hereby irrevocably knowingly, voluntarily and unconditionally waives the intentionally waive any right they may have to a trial by jury in with respect to any actionlitigation brought based upon this Agreement, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated herebyunder, or the in connection with this Agreement and any agreement contemplated to be executed in conjunction herewith, or any course of conduct, course of dealing, statements or actions of the Investor in parties. This provision is a material inducement for the negotiation, administration, performance or enforcement hereofparties entering this Agreement.

Appears in 44 contracts

Samples: Internet Banking and Bill Payment Agreement, Banking and Bill Payment Agreement, Entire Agreement

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Investors in the negotiation, administration, performance or enforcement hereof.

Appears in 41 contracts

Samples: Registration Rights Agreement (GigCapital5, Inc.), Registration Rights Agreement (GigCapital5, Inc.), Form of Registration Rights Agreement (Capitol Investment Corp. VI)

Waiver of Trial by Jury. Each party The respective parties hereto shall and hereby irrevocably and unconditionally waives the right to a do waive trial by jury in any action, suit, proceeding or counterclaim or brought by either of the parties hereto against the other proceeding (whether based on contract, tort or otherwise) any matters whatsoever arising out of, of or in any way connected with or relating to this Agreement, or for the transactions contemplated herebyenforcement of any remedy under any statute, emergency or the actions of the Investor in the negotiation, administration, performance or enforcement hereofotherwise.

Appears in 37 contracts

Samples: Agreement of Purchase and Sale (RREEF Property Trust, Inc.), Purchase and Sale Agreement (Medalist Diversified REIT, Inc.), Agreement of Purchase and Sale (RREEF Property Trust, Inc.)

Waiver of Trial by Jury. Each party hereby irrevocably The parties hereto each knowingly, voluntarily and unconditionally intentionally waives to the fullest extent permitted by applicable law any right it may have to a trial by jury in of any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) dispute arising out of, connected with under or relating to this Agreement, Custodial Agreement or the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereof.

Appears in 34 contracts

Samples: Custodial Agreement, Custodial Agreement, Custodial Agreement

Waiver of Trial by Jury. Each party hereto hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor parties in the negotiation, administration, performance or enforcement hereof.

Appears in 29 contracts

Samples: Securities Purchase Agreement, Securities Purchase Agreement (Navios Maritime Partners L.P.), Securities Escrow Agreement (GP Investments Acquisition Corp.)

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the any Investor in the negotiation, administration, performance or enforcement hereof.

Appears in 29 contracts

Samples: Merger Agreement (Clearday, Inc.), Merger Agreement (Viveon Health Acquisition Corp.), Registration Rights Agreement (Viveon Health Acquisition Corp.)

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Holder in the negotiation, administration, performance or enforcement hereof.

Appears in 27 contracts

Samples: Form of Registration Rights Agreement (OneMedNet Corp), Form of Registration Rights Agreement (OneMedNet Corp), Form of Registration Rights Agreement (OneMedNet Corp)

Waiver of Trial by Jury. Each party hereto hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, Agreement and the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereof.

Appears in 21 contracts

Samples: Common Stock Warrant Agreement (BioScrip, Inc.), Common Stock Warrant Agreement (BioScrip, Inc.), Warrant Agreement (Gener8 Maritime, Inc.)

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Insider in the negotiation, administration, performance or enforcement hereof.

Appears in 21 contracts

Samples: Registration Rights Agreement (Global Logistics Acquisition CORP), Registration Rights Agreement (Healthcare Acquisition Partners Corp.), Common Stock Warrant Agreement (Marathon Acquisition Corp.)

Waiver of Trial by Jury. Each party hereby To the extent permitted by applicable law, each of the parties hereto irrevocably and unconditionally waives the all right to a of trial by jury in any action, suit, proceeding or counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected of or in connection with or relating to this Agreement, the transactions contemplated hereby, Agreement or the actions of the Investor in the negotiation, administration, performance Transaction Documents or enforcement hereofany matter arising hereunder or thereunder.

Appears in 20 contracts

Samples: Servicing Agreement (Conns Inc), Servicing Agreement (Conns Inc), Servicing Agreement (Conns Inc)

Waiver of Trial by Jury. Each party hereby To the extent permitted by applicable Law, each of the Secured Parties irrevocably and unconditionally waives the all right to a of trial by jury in any action, suit, counterclaim action or other proceeding (whether based on contract, tort or otherwise) Proceeding arising out of, connected of or in connection with or relating to this Agreement, the transactions contemplated hereby, Indenture or the actions of the Investor in the negotiation, administration, performance Transaction Documents or enforcement hereofany matter arising hereunder or thereunder.

Appears in 20 contracts

Samples: Indenture (Oportun Financial Corp), Indenture (Oportun Financial Corp), Indenture (Oportun Financial Corp)

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the any Investor in the negotiation, administration, performance or enforcement hereof. (The remainder of this page intentionally left blank. Signature pages to follow.)

Appears in 18 contracts

Samples: Registration Rights Agreement (Vantage Energy Services, Inc.), Registration Rights Agreement (MPLC, Inc.), Registration Rights Agreement (TransTech Services Partners Inc.)

Waiver of Trial by Jury. Each To the extent permitted by applicable law, each party hereby hereto irrevocably and unconditionally waives the all right to a of trial by jury in any action, suit, proceeding or counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreementin connection with, the transactions contemplated hereby, any transaction document or the actions of the Investor in the negotiation, administration, performance or enforcement hereofany matter arising thereunder.

Appears in 16 contracts

Samples: Receivables Sale Agreement (Ametek Inc/), Purchase and Sale Agreement (Great Plains Energy Inc), Receivables Sale Agreement (Chemtura CORP)

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in respect of any action, suit, counterclaim action or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, Agreement or the actions of the Investor in the negotiation, administration, performance or enforcement hereofany Transaction.

Appears in 15 contracts

Samples: Master Agreement, 2002 Master Agreement (Booz Allen Hamilton Holding Corp), 2002 Master Agreement (Booz Allen Hamilton Holding Corp)

Waiver of Trial by Jury. Each party The parties do hereby irrevocably and unconditionally waives the right expressly waive all rights to a trial by jury on any cause of action directly or indirectly involving the terms, covenants or conditions of this Lease Agreement or the Facility or any matters whatsoever arising out of or in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, way connected with or relating to this Lease Agreement, the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereof.

Appears in 14 contracts

Samples: Lease Agreement, Lease Agreement, Lease and Project Agreement

Waiver of Trial by Jury. Each Insofar as is permitted by law, each party hereby irrevocably waives any and unconditionally waives the right all rights to a trial by jury in any actionlegal proceeding in connection with this agreement or any transaction, suit, counterclaim or and acknowledges that this waiver is a material inducement to the other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to party’s entering into this Agreement, the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereofagreement and each transaction hereunder.

Appears in 14 contracts

Samples: Master Agreement (BNC Mortgage Loan Trust 2007-1), Master Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2008-1), Master Agreement (BNC CORP Mortgage Loan Trust 2007-Bnc4)

Waiver of Trial by Jury. Each party hereto hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereof.

Appears in 14 contracts

Samples: Registration Rights Agreement (STG Group, Inc.), Registration Rights Agreement (Global Defense & National Security Holdings LLC), Registration Rights Agreement (Global Defense & National Security Systems, Inc.)

Waiver of Trial by Jury. Each Insofar as is permitted by law, each party hereby irrevocably waives any and unconditionally waives the right all rights to a trial by jury in any action, suit, counterclaim or other legal proceeding (whether based on contract, tort or otherwise) arising out of, connected in connection with or relating to this Agreement, and acknowledges that this waiver is a material inducement to the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereofother party's entering into this Agreement hereunder.

Appears in 13 contracts

Samples: Master Item 1115 Agreement (Alternative Loan Trust 2007-Oa6), Item 1115 Agreement (CHL Mortgage Pass-Through Trust 2006-13), Pooling and Servicing Agreement (CHL Mortgage Pass-Through Trust 2006-20)

Waiver of Trial by Jury. Each party hereto, including each Holder by its receipt of a Warrant, hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, Agreement and the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereof.

Appears in 12 contracts

Samples: Warrant Agreement (Peabody Energy Corp), Warrant Agreement (Chaparral Energy, Inc.), Warrant Agreement (Energy XXI Gulf Coast, Inc.)

Waiver of Trial by Jury. Each Insofar as is permitted by law, each party hereby irrevocably waives any and unconditionally waives the right all rights to a trial by jury in any actionlegal proceeding in connection with this agreement or any transaction, suit, counterclaim or and acknowledges that this waiver is a material inducement to the other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to party's entering into this Agreement, the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereofagreement and each transaction hereunder.

Appears in 10 contracts

Samples: Pooling and Servicing Agreement (CWABS Asset-Backed Certificates Trust 2006-16), Administration Agreement (CWABS Asset-Backed Certificates Trust 2006-3), Administration Agreement (Alternative Loan Trust 2006-Oc3)

Waiver of Trial by Jury. Each party hereby of the parties to this Agreement irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim suit or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions matters contemplated hereby, or the actions of the Investor parties in the negotiation, administration, performance or enforcement hereofof this Agreement.

Appears in 8 contracts

Samples: Stock Purchase Agreement (BankFinancial CORP), Preferred Stock Repurchase Agreement (Limbach Holdings, Inc.), Stock Purchase Agreement (PL Capital, LLC)

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Holders in the negotiation, administration, performance or enforcement hereof.

Appears in 8 contracts

Samples: Investor Rights Agreement (American Virtual Cloud Technologies, Inc.), Investor Rights Agreement (Ribbon Communications Inc.), Registration Rights Agreement (Betterware De Mexico, S.A. De C.V.)

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor parties in the negotiation, administration, performance or enforcement hereof.

Appears in 8 contracts

Samples: Registration Rights Agreement (Kaleyra, Inc.), Settlement Agreement and Release (Kaleyra, Inc.), Registration Rights Agreement (Restaurant Acquisition Partners, Inc.)

Waiver of Trial by Jury. Each party hereto hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Warrant Agreement, the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereof.

Appears in 8 contracts

Samples: Warrant Agreement (Western Liberty Bancorp), Warrant Agreement (Western Liberty Bancorp), Warrant Agreement (Global Consumer Acquisition Corp.)

Waiver of Trial by Jury. Each Insofar as is permitted by law, each party hereby irrevocably waives any and unconditionally waives the right all rights to a trial by jury in any actionlegal proceeding in connection with this Transaction, suit, counterclaim or and acknowledges that this waiver is a material inducement to the other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to party’s entering into this Agreement, the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereofTransaction.

Appears in 7 contracts

Samples: Master Agreement (Lehman XS 2006-13), Master Agreement (Lehman XS Trust 2006-15), Master Agreement (Lehman XS Trust Series 2005-1)

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Purchaser in the negotiation, administration, performance or enforcement hereof.

Appears in 7 contracts

Samples: Registration Rights Agreement (China VantagePoint Acquisition Co), Registration Rights Agreement (China VantagePoint Acquisition Co), Registration Rights Agreement (China VantagePoint Acquisition Co)

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, Agreement or the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereof.

Appears in 7 contracts

Samples: Registration Rights Agreement (57th Street General Acquisition Corp), Registration Rights Agreement (HUGHES Telematics, Inc.), Registration Rights Agreement (57th Street General Acquisition Corp)

Waiver of Trial by Jury. Each party The parties hereto hereby irrevocably knowingly, voluntarily and unconditionally waives intentionally waive the right any may have to a trial by jury in respect to any actionlitigation based on, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising rising out of, connected with or relating to this Agreement, the transactions contemplated herebyunder, or the in connection with this Agreement and any agreement contemplated to be executed in connection herewith, or any course of conduct, course of dealing, statements (whether verbal or written) or actions of the Investor either party in the negotiation, administration, performance or enforcement hereofconnection with such agreements.

Appears in 7 contracts

Samples: Agreement and Plan of Merger (Mid Penn Bancorp Inc), Agreement and Plan of Merger (Mid Penn Bancorp Inc), Agreement and Plan of Merger (Citizens Financial Services Inc)

Waiver of Trial by Jury. Each party hereby waives, irrevocably and unconditionally waives the right to a unconditionally, trial by jury in any actionaction brought on, suitunder or by virtue of or relating in any way to this Agreement or any of the documents or certificates executed in connection herewith, counterclaim the properties, or any claims, defenses, rights of set-off or other proceeding (whether based on contract, tort actions pertaining hereto or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions any of the Investor in the negotiation, administration, performance or enforcement hereofforegoing.

Appears in 7 contracts

Samples: Development Rights Purchase and Sale Agreement, Development Rights Purchase and Sale Agreement, Development Rights Purchase and Sale Agreement

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor parties hereto in the negotiation, administration, performance or enforcement hereof.

Appears in 7 contracts

Samples: Registration Rights Agreement (Cazador Acquisition Corp Ltd.), Registration Rights Agreement (Cazador Acquisition Corp Ltd.), Registration Rights Agreement (Sidhu Special Purpose Capital Corp.)

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Initial Stockholder in the negotiation, administration, performance or enforcement hereof.

Appears in 6 contracts

Samples: Registration Rights Agreement (MBF Healthcare Acquisition Corp.), Registration Rights Agreement (MBF Healthcare Acquisition Corp.), Registration Rights Agreement (Bank Street Telecom Funding Corp.)

Waiver of Trial by Jury. Each party The parties hereto hereby irrevocably knowingly, voluntarily and unconditionally waives intentionally waive the right any may have to a trial by jury in respect to any actionlitigation based hereon, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising rising out of, connected with or relating to this Agreement, the transactions contemplated herebyunder, or the in connection with this agreement and any agreement contemplated to be executed in connection herewith, or any course of conduct, course of dealing, statements (whether verbal or written) or actions of the Investor either party in the negotiation, administration, performance or enforcement hereofconnection with such agreements.

Appears in 6 contracts

Samples: Agreement and Plan of Merger (NBT Bancorp Inc), Agreement and Plan of Merger (Citizens South Banking Corp), Agreement and Plan of Merger (Brookline Bancorp Inc)

Waiver of Trial by Jury. Each To the extent permitted by applicable law, each party hereto hereby irrevocably and unconditionally waives the all right to a of trial by jury in any action, suitproceeding or counterclaim, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected of or in connection with this Agreement or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereofany matter arising hereunder.

Appears in 6 contracts

Samples: Operating Agreement (Iron Bridge Mortgage Fund, LLC), Operating Agreement (Iron Bridge Mortgage Fund LLC), Operating Agreement

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the any Investor in the negotiation, administration, performance or enforcement hereof. [The remainder of this page intentionally left blank. Signature pages to follow.]

Appears in 5 contracts

Samples: Registration Rights Agreement (Global Consumer Acquisition Corp.), Registration Rights Agreement (Global Consumer Acquisition Corp.), Registration Rights Agreement (Third Wave Acquisition CORP)

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Stockholder in the negotiation, administration, performance or enforcement hereof.

Appears in 5 contracts

Samples: Registration Rights Agreement (BiomX Inc.), Piggy Back Registration Rights Agreement (PECK Co HOLDINGS, INC.), Registration Rights Agreement (HF Foods Group Inc.)

Waiver of Trial by Jury. Each party The parties hereby irrevocably knowingly, voluntarily, and unconditionally waives the intentionally waive any right they may have to a trial by jury in with respect to any actionlitigation brought based upon this Agreement, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated herebyunder, or the in connection with this Agreement and any agreement contemplated to be executed in conjunction herewith, or any course of conduct, course of dealing, statements, or actions of the Investor in parties. This provision is a material inducement for the negotiation, administration, performance or enforcement hereofparties entering this Agreement.

Appears in 5 contracts

Samples: Master Electronic Banking Service Agreement, Master Electronic Banking Service Agreement, Internet Banking and Bill Payment Agreement

Waiver of Trial by Jury. Each party The parties hereto hereby irrevocably knowingly, voluntarily and unconditionally waives intentionally waive the right any may have to a trial by jury in respect to any actionlitigation based hereon, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated herebyunder, or the in connection with this Agreement and any agreement to be executed in connection herewith, or any course of conduct, course of dealing, statements (whether verbal or written) or actions of the Investor either party in the negotiation, administration, performance or enforcement hereofconnection with such agreements.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (CU Bancorp), Agreement (CU Bancorp), Agreement and Plan of Merger (First California Financial Group, Inc.)

Waiver of Trial by Jury. Each Insofar as is permitted by law, each party hereby irrevocably waives any and unconditionally waives the right all rights to a trial by jury in any actionlegal proceeding in connection with this Agreement or any Transaction, suit, counterclaim or and acknowledges that this waiver is a material inducement to the other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to party’s entering into this Agreement, the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereofAgreement and each Transaction hereunder.

Appears in 5 contracts

Samples: 1992 Master Agreement (Fuelcell Energy Inc), Master Agreement (Accredited Home Lenders Holding Co), Master Agreement (Accredited Home Lenders Holding Co)

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Initial Securityholder in the negotiation, administration, performance or enforcement hereof.

Appears in 5 contracts

Samples: Registration Rights Agreement (Bimini Capital Management, Inc.), Registration Rights Agreement (FlatWorld Acquisition Corp.), Registration Rights Agreement (FlatWorld Acquisition Corp.)

Waiver of Trial by Jury. Each party The parties hereto hereby irrevocably knowingly, voluntarily and unconditionally waives intentionally waive the right any may have to a trial by jury in respect to any actionlitigation based hereon, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising rising out of, connected with or relating to this Agreement, the transactions contemplated herebyunder, or the in connection with this Agreement and any agreement contemplated to be executed in connection herewith, or any course of conduct, course of dealing, statements (whether verbal or written) or actions of the Investor either party in the negotiation, administration, performance or enforcement hereofconnection with such agreements.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (Poage Bankshares, Inc.), Agreement and Plan of Merger (Berkshire Hills Bancorp Inc), Agreement and Plan of Merger (Beacon Federal Bancorp, Inc.)

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Sponsors in the negotiation, administration, performance or enforcement hereof.

Appears in 5 contracts

Samples: Registration Rights Agreement (Trebia Acquisition Corp.), Registration Rights Agreement (Foley Trasimene Acquisition Corp.), Registration Rights Agreement (Trebia Acquisition Corp.)

Waiver of Trial by Jury. Each party hereby To the extent permitted by applicable Law, each of the parties hereto and each Secured Party irrevocably and unconditionally waives the all right to a of trial by jury in any action, suit, counterclaim action or other proceeding (whether based on contract, tort or otherwise) Proceeding arising out of, connected of or in connection with or relating to this Agreement, the transactions contemplated hereby, Indenture or the actions of the Investor in the negotiation, administration, performance Transaction Documents or enforcement hereofany matter arising hereunder or thereunder.

Appears in 5 contracts

Samples: Base Indenture (Conns Inc), Base Indenture (Conns Inc), Base Indenture (Conns Inc)

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor any Stockholder in the negotiation, administration, performance or enforcement hereof.

Appears in 4 contracts

Samples: Registration Rights Agreement (Ats Corp), Registration Rights Agreement (Fortress America Acquisition CORP), Lock Up Agreement (Rosato Thomas P)

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor or any NPS Investor in the negotiation, administration, performance or enforcement hereof.

Appears in 4 contracts

Samples: Registration Rights Agreement (Waha Capital PJSC), Registration Rights Agreement (Al Nowais Investments LLC), Registration Rights Agreement (National Energy Services Reunited Corp.)

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Stockholders in the negotiation, administration, performance or enforcement hereof.

Appears in 4 contracts

Samples: Registration and Stockholder Rights Agreement (Vincera Pharma, Inc.), Registration Rights Agreement (Long Island Iced Tea Corp.), Registration Rights Agreement (Cullen Agricultural Holding Corp)

Waiver of Trial by Jury. Each To the extent permitted by applicable law, each party hereby hereto irrevocably and unconditionally waives the all right to a of trial by jury in any action, suit, proceeding or counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreementin connection with, the transactions contemplated hereby, any Transaction Document or the actions of the Investor in the negotiation, administration, performance or enforcement hereofany matter arising thereunder.

Appears in 4 contracts

Samples: Loan Agreement (Us Airways Inc), Loan Agreement (Flyi Inc), Loan Agreement (America West Holdings Corp)

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor any party in the negotiation, administration, performance or enforcement hereof.

Appears in 4 contracts

Samples: Registration Rights Agreement (OFS Capital Corp), Registration Rights Agreement (Tortoise Energy Infrastructure Corp), Registration Rights Agreement (OFS Capital, LLC)

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Shareholder in the negotiation, administration, performance or enforcement hereof.

Appears in 4 contracts

Samples: Registration Rights Agreement (Scienjoy Holding Corp), Registration Rights Agreement (Compass Diversified Holdings), Registration Rights Agreement (Compass Diversified Trust)

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this AgreementWarrant, the transactions contemplated hereby, or the actions of the Investor Holder in the negotiation, administration, performance or enforcement hereof.

Appears in 4 contracts

Samples: Dekania Corp., Dekania Corp., Alpha Security Group CORP

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Investors in the negotiation, administration, performance or enforcement hereof. [Remainder of page intentionally left blank. Signature page to follow.]

Appears in 4 contracts

Samples: Registration Rights Agreement (Korea Milestone Acquisition CORP), Registration Rights Agreement (Korea Milestone Acquisition CORP), Registration Rights Agreement (Korea Milestone Acquisition CORP)

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Navios Holdings in the negotiation, administration, performance or enforcement hereof.

Appears in 3 contracts

Samples: Registration Rights Agreement (Navios Maritime Partners L.P.), Registration Rights Agreement (Navios Maritime Acquisition CORP), Registration Rights Agreement (Navios Maritime Acquisition CORP)

Waiver of Trial by Jury. Each party hereto hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Holder in the negotiation, administration, performance performance, or enforcement hereof.

Appears in 3 contracts

Samples: Registration Rights Agreement (Resolute Energy Corp), Registration Rights Agreement (Spo Advisory Corp), Registration Rights Agreement (Resolute Energy Corp)

Waiver of Trial by Jury. Each party hereto hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Private Investors in the negotiation, administration, performance or enforcement hereof.

Appears in 3 contracts

Samples: Warrant Agreement (Third Wave Acquisition CORP), Warrant Agreement (CR Acquisition Corp.), Warrant Agreement (Third Wave Acquisition CORP)

Waiver of Trial by Jury. Each party hereto hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor parties in the negotiationnegotiations, administration, performance or enforcement hereof.

Appears in 3 contracts

Samples: Securities Escrow Agreement (Global Entertainment & Media Holdings Corp), Securities Escrow Agreement (iStar Acquisition Corp.), Securities Escrow Agreement (iStar Acquisition Corp.)

Waiver of Trial by Jury. Each party hereby of the parties hereto ------------------------ irrevocably waives any and unconditionally waives the right all rights to a trial by jury in any action, suit, counterclaim or other legal proceeding (whether based on contract, tort or otherwise) arising out of, connected with of or relating to this Agreement, Agreement or any other Loan Document or the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereof.

Appears in 3 contracts

Samples: Credit Agreement (Brylane Inc), Credit Agreement (Brylane Inc), Credit Agreement (Brylane Inc)

Waiver of Trial by Jury. Each party Party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Registration Rights Agreement, the transactions contemplated hereby, or the actions of the Investor Olayan in the negotiation, administration, performance or enforcement hereof.

Appears in 3 contracts

Samples: Relationship Agreement (National Energy Services Reunited Corp.), Registration Rights Agreement (National Energy Services Reunited Corp.), Registration Rights Agreement (Olayan Saudi Holding Co)

Waiver of Trial by Jury. Each party hereto hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the any Investor in the negotiation, administration, performance or enforcement hereof.

Appears in 3 contracts

Samples: Registration Rights Agreement (iStar Acquisition Corp.), Registration Rights Agreement (Global Entertainment & Media Holdings Corp), Registration Rights Agreement (iStar Acquisition Corp.)

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereof. (The remainder of this page intentionally left blank. Signature pages to follow.)

Appears in 3 contracts

Samples: Registration Rights Agreement (First Class Navigation CORP), Registration Rights Agreement (First Class Navigation CORP), Registration Rights Agreement (Oceanaut, Inc.)

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereof. (Remainder of page intentionally left blank. Signature pages to follow.)

Appears in 3 contracts

Samples: Registration Rights Agreement (Biozone Pharmaceuticals, Inc.), Registration Rights Agreement (Biozone Pharmaceuticals, Inc.), Registration Rights Agreement (International Surf Resorts, Inc.)

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Waiver of Trial by Jury. Each party The parties hereto hereby irrevocably knowingly, voluntarily and unconditionally waives intentionally waive the right any may have to a trial by jury in respect to any actionlitigation based hereon, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated herebyunder, or the in connection with this Agreement and any agreement contemplated to be executed in connection herewith, or any course of conduct, course of dealing, statements (whether verbal or written) or actions of the Investor either party in the negotiation, administration, performance or enforcement hereofconnection with such agreements.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (American Bancorp of New Jersey Inc), Agreement and Plan of Merger (Investors Bancorp Inc)

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Purchasers in the negotiation, administration, performance or enforcement hereof.

Appears in 2 contracts

Samples: Registration Rights Agreement (Arcade China Acquisition Corp), Registration Rights Agreement (Arcade China Acquisition Corp)

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the any Investor in the negotiation, administration, performance or enforcement hereof. (The remainder of this page intentionally left blank. Signature pages to follow.) COMPANY COUNTERPART SIGNATURE PAGE TO REGISTRATION RIGHTS AGREEMENT

Appears in 2 contracts

Samples: Registration Rights Agreement (Apex Bioventures Acquisition Corp), Registration Rights Agreement (Apex Bioventures Acquisition Corp)

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim counterclaim, or other proceeding (whether based on contract, tort tort, or otherwise) arising out of, connected with with, or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Holder in the negotiation, administration, performance performance, or enforcement hereof.

Appears in 2 contracts

Samples: Business Combination Agreement (Oxus Acquisition Corp.), Registration Rights Agreement (Oxus Acquisition Corp.)

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Stockholders in the negotiation, administration, performance or enforcement hereof. [Remainder of this page intentionally left blank; signature pages follows.]

Appears in 2 contracts

Samples: Registration Rights Agreement (JK Acquisition Corp.), Registration Rights Agreement (JK Acquisition Corp.)

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Capital Partners or GTI in the negotiation, administration, performance or enforcement hereof.

Appears in 2 contracts

Samples: Registration Rights Agreement (Global Technology Industries, Inc.), Registration Rights Agreement (Global Technology Industries, Inc.)

Waiver of Trial by Jury. Each party Party hereby irrevocably and unconditionally waives the waive their right to a trial by jury in any action, suit, proceeding or counterclaim or brought by any party hereto against any other proceeding (whether based party on contract, tort or otherwise) any matter arising out of, of or in any way connected with or relating to this the Agreement, the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereof.

Appears in 2 contracts

Samples: Power Purchase and Operating Agreement, Power Purchase and Operating Agreement

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Initial Securityholders in the negotiation, administration, performance or enforcement hereof.

Appears in 2 contracts

Samples: Registration Rights Agreement (Nautilus Marine Acquisition Corp), Registration Rights Agreement (Nautilus Marine Acquisition Corp)

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Shareholder in the negotiation, administration, performance or enforcement hereof.

Appears in 2 contracts

Samples: Registration Rights Agreement (Bimini Capital Management, Inc.), Registration Rights Agreement (FlatWorld Acquisition Corp.)

Waiver of Trial by Jury. Each party The parties hereto hereby irrevocably knowingly, voluntarily and unconditionally waives intentionally waive the right any may have to a trial by jury in respect to any actionlitigation based hereon, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising rising out of, connected with or relating to this Agreement, the transactions contemplated herebyunder, or the in connection with this Agreement and any agreement contemplated to be executed in connection herewith, or any course of conduct, course of dealing, statements (whether verbal or written) or actions of the Investor either party in the negotiation, administration, performance or enforcement hereof.connection with such agreements. [Signature Page Follows]

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Alliance Financial Corp /Ny/), Agreement and Plan of Merger (Bridge Street Financial Inc)

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Insiders in the negotiation, administration, performance or enforcement hereof.

Appears in 2 contracts

Samples: Registration Rights Agreement (Acquicor Technology Inc), Registration Rights Agreement (Acquicor Technology Inc)

Waiver of Trial by Jury. Each party of the Parties hereby irrevocably and unconditionally waives the right to a jury trial by jury in connection with any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) Proceeding arising out of, connected with of or relating to this Agreement, the transactions contemplated hereby, Agreement or the actions Transactions (including any Proceeding seeking enforcement of the Investor in the negotiation, administration, performance or enforcement hereofsuch Party’s rights under this Agreement).

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Vertex Pharmaceuticals Inc / Ma), Agreement and Plan of Merger (Carbonite Inc)

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to ot this Agreement, the transactions transaction contemplated hereby, or the actions of the Investor Sponsor in the negotiation, administration, performance or enforcement hereof.

Appears in 2 contracts

Samples: Registration Rights Agreement (Gaming & Hospitality Acquisition Corp.), Registration Rights Agreement (Gaming & Hospitality Acquisition Corp.)

Waiver of Trial by Jury. Each party To the fullest extent permitted by applicable law, the parties hereby absolutely and irrevocably and unconditionally waives the waive any right to a trial by jury in any action, suit, counterclaim action or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating between them related to this Agreement, Agreement or the consummation of the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereofhereunder.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Pacific Office Properties Trust, Inc.), Purchase and Sale Agreement (Pacific Office Properties Trust, Inc.)

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereof. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK.]

Appears in 2 contracts

Samples: Registration Rights Agreement (Tremisis Energy Acquisition Corp), Registration Rights Agreement (Tremisis Energy Acquisition Corp)

Waiver of Trial by Jury. Each party hereby irrevocably The Parties knowingly, voluntarily, and unconditionally waives the intentionally waive any right they may have to a trial by jury in respect to any actionlitigation based hereon, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected under, or in connection with or relating to this Agreement, the transactions any document contemplated herebyto be executed, or the actions any underlying matter, course of dealing, statement (whether verbal or written), or action of the Investor in the negotiation, administration, performance or enforcement hereofParties.

Appears in 2 contracts

Samples: Settlement Agreement and Release, Settlement Agreement and Release

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives hereto waives, to the fullest extent permitted by applicable law, the right to a trial by jury in any action, suit, counterclaim or other legal proceeding (whether based on contract, tort or otherwise) arising out of, connected with of or relating to this Agreement, Agreement or the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereof.

Appears in 2 contracts

Samples: Distribution and Marketing Agreement (NCT Group Inc), Exclusive Marketing License Agreement (NCT Group Inc)

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor any party in the negotiation, administration, performance or enforcement hereof.. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

Appears in 2 contracts

Samples: Registration Rights Agreement (Solar Capital Ltd.), Registration Rights Agreement (Solar Capital Ltd.)

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with with, or relating to this Agreement, the transactions contemplated hereby, or the actions of the any Investor in the negotiation, administration, performance or enforcement hereof.. [Signatures appear on the following page]

Appears in 2 contracts

Samples: Form of Registration Rights Agreement (Atlas Acquisition Holdings Corp.), Registration Rights Agreement (Atlas Acquisition Holdings Corp.)

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Investors in the negotiation, administration, performance or enforcement hereof.. [Signature Pages Follow]

Appears in 2 contracts

Samples: Form of Registration Rights Agreement (Capitol Investment Corp. VI), Form of Registration Rights Agreement (Capitol Investment Corp. VII)

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the The parties waive their right to a trial by jury in any action, suitproceeding, claim, or counterclaim or other proceeding (whether based on contract, tort or otherwise) related to or arising out of, connected with or relating to of this Agreement, the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereof.

Appears in 2 contracts

Samples: Agency Agreement (Bridge Street Financial Inc), Agency Agreement (Bridge Street Financial Inc)

Waiver of Trial by Jury. Each party The parties hereto hereby irrevocably knowingly, irrevocably, voluntarily and unconditionally waives the right intentionally waive any rights to a trial by jury in respect to any action, suit, proceeding or counterclaim or other proceeding (whether based on contract, tort this agreement or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated herebyunder, or in connection with this agreement or any document or instrument executed in connection with this agreement, or any course of conduct, course of dealing, statements (whether verbal or written) or action of any party hereto. This provision is a material inducement for company and distributor entering into the actions of the Investor in the negotiation, administration, performance or enforcement hereofsubject transaction.

Appears in 2 contracts

Samples: Share Purchase Agreement, Share Purchase Agreement

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereof.. [Signatures appear on the following page]

Appears in 2 contracts

Samples: Registration Rights Agreement (Freedom Acquisition Holdings, Inc.), Form of Registration Rights Agreement (Freedom Acquisition Holdings, Inc.)

Waiver of Trial by Jury. Each party hereby Party irrevocably and unconditionally waives the all right to a trial by jury in any action, suit, proceeding or counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with of or relating to this Agreement, Agreement or the transactions contemplated hereby, hereby or the actions of the Investor Parties in the negotiation, administration, performance or enforcement hereofin respect of any of the foregoing.

Appears in 2 contracts

Samples: Settlement, Discontinuance and Release Agreement (Ambac Financial Group Inc), Settlement, Discontinuance and Release Agreement

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the an Investor in the negotiation, administration, performance or enforcement hereof.

Appears in 1 contract

Samples: Registration Rights Agreement (Kanders Acquisition CO)

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Shareholders in the negotiation, administration, performance or enforcement hereof.

Appears in 1 contract

Samples: Registration Rights Agreement (Atlas Industries Holdings LLC)

Waiver of Trial by Jury. Each party hereby Party irrevocably and unconditionally waives the any right it may have to a trial by jury in respect of any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) legal action arising out of, connected with of or relating to this Agreement, Agreement or the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereof.

Appears in 1 contract

Samples: Direct Primary Care Agreement

Waiver of Trial by Jury. Each ‌ To the extent permitted by applicable law, each party hereby unconditionally and irrevocably and unconditionally waives the all right to a trial by of jury in any action, suit, proceeding or counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected of or in connection with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereofto any matter arising hereunder.

Appears in 1 contract

Samples: Asset Purchase Agreement

Waiver of Trial by Jury. Each To the extent permitted by applicable law, each party hereby irrevocably and unconditionally waives the all right to a trial by of jury in any action, suit, proceeding or counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected of or in connection with this Agreement or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereofany matter arising hereunder.

Appears in 1 contract

Samples: Asset Purchase Agreement (Cadence Financial Corp)

Waiver of Trial by Jury. Each party The parties hereto hereby irrevocably knowingly, voluntarily and unconditionally waives intentionally waive the right any may have to a trial by jury in any action, suit, counterclaim or other proceeding (whether litigation based on contract, tort or otherwise) arising rising out of, connected of or under this Agreement and any agreement to be executed in accordance with or relating to this Agreement, the transactions contemplated herebyor any course of conduct, course of dealing, statements (whether verbal or the written) or actions of the Investor in the negotiation, administration, performance or enforcement hereofeither party.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Middlefield Banc Corp)

Waiver of Trial by Jury. Each party hereby irrevocably Party, to the extent permitted by law, knowingly, voluntarily, unconditionally and unconditionally intentionally waives the its right to a trial by jury in any action, suit, counterclaim action or other legal proceeding (whether based on contract, tort or otherwise) arising out of, connected with of or relating to this Agreement, the transactions contemplated hereby, Agreement or the actions of the Investor in the negotiation, administration, performance or enforcement hereofany SOW.

Appears in 1 contract

Samples: Professional Services Agreement

Waiver of Trial by Jury. Each party of the Parties hereby irrevocably knowingly, voluntarily and unconditionally intentionally waives the any right it may have otherwise had to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) litigation arising out of, connected with under, or relating to in connection with, this Agreement, the transactions contemplated hereby, or the actions . This provision is a material inducement for each of the Investor in the negotiation, administration, performance or enforcement hereofParties entering into this Agreement.

Appears in 1 contract

Samples: Utility Services Agreement

Waiver of Trial by Jury. Each party hereto hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, Warrant and the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereof.

Appears in 1 contract

Samples: Warrant (Castle a M & Co)

Waiver of Trial by Jury. Each party hereby irrevocably and The parties unconditionally waives the right waive their respective rights to a jury trial by jury in for any action, suit, counterclaim claims or other proceeding (whether cause of action based on contract, tort upon or otherwise) arising out of, connected with directly or relating to indirectly, this Agreement, the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereof.

Appears in 1 contract

Samples: Investment Management Agreement (Hamilton Insurance Group, Ltd.)

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, any other Transaction Document, the transactions contemplated herebyhereby or thereby, or the actions of the Investor any Purchaser in the negotiation, administration, performance or enforcement hereof.

Appears in 1 contract

Samples: Registration Rights Agreement (Catalina Lighting Inc)

Waiver of Trial by Jury. Each To the extent permitted by applicable law, each party hereby hereto irrevocably and unconditionally waives the all right to a of trial by jury in any action, suit, proceeding or counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to in connection with, this Agreement, the transactions contemplated hereby, Mortgage or the actions of the Investor in the negotiation, administration, performance or enforcement hereofany matter arising hereunder.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Southwest Airlines Co)

Waiver of Trial by Jury. Each party The Parties hereto, and each of them, hereby irrevocably and unconditionally waives the waive any right to a trial by jury jury. Any suit, action or proceeding, whether claim or counterclaim, brought or instituted by or against any Party hereto or any successor or assign of any Party on or with respect to this Agreement or which in any actionway relates, suitdirectly or indirectly, counterclaim to the sale of the Debts or other proceeding (whether based on contractany event, tort transaction, or otherwise) occurrence arising out of, of or in any way connected with or relating to this Agreement, the transactions contemplated hereby, sale of the Debts or the actions dealings of the Investor in the negotiationParties with respect thereto, administration, performance or enforcement hereofshall be tried only by a court and not by a jury.

Appears in 1 contract

Samples: Debt Sale Agreement (Merion, Inc.)

Waiver of Trial by Jury. Each Insofar as is permitted by law, each party hereby irrevocably waives any and unconditionally waives the right all rights to a trial by jury in any actionlegal proceeding in connection with this Transaction, suit, counterclaim or and acknowledges that this waiver is a material inducement to the other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to party's entering into this Agreement, the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereofTransaction.

Appears in 1 contract

Samples: IndyMac INDX Mortgage Loan Trust 2006-Ar14

Waiver of Trial by Jury. Each Insofar as is permitted by law, each party hereby irrevocably waives any and unconditionally waives the right all rights to a trial by jury in any actionlegal proceeding in connection with this Transaction, suit, counterclaim or and acknowledges that this waiver is a material inducement to the other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to party's entering into this Agreement, the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereofTransaction hereunder.

Appears in 1 contract

Samples: IndyMac INDX Mortgage Loan Trust 2006-Ar14

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