Waiver of Trial by Jury. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HERETO IRREVOCABLY WAIVES ALL RIGHT OF TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY MATTER ARISING HEREUNDER.
Appears in 26 contracts
Samples: Agreement and Plan of Merger (Industrial Income Trust Inc.), Stock Purchase Agreement (Ps Business Parks Inc/Ca), Stock Purchase Agreement (Ps Business Parks Inc/Ca)
Waiver of Trial by Jury. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT OF TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY MATTER ARISING HEREUNDER.
Appears in 16 contracts
Samples: Operating Agreement (Broadstone Net Lease, Inc.), Subscription Agreement (Petro River Oil Corp.), Subscription Agreement (Petro River Oil Corp.)
Waiver of Trial by Jury. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT OF TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIMCOUNTER-CLAIM, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY MATTER ARISING HEREUNDER.
Appears in 14 contracts
Samples: Limited Liability Company Agreement, Limited Liability Company Agreement, Limited Liability Company Agreement (SEACOR Marine Holdings Inc.)
Waiver of Trial by Jury. TO EACH OF THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HERETO IRREVOCABLY AGENT AND THE PRIMARY PARTIES WAIVES ALL RIGHT OF TO TRIAL BY JURY IN ANY ACTION, PROCEEDING PROCEEDING, CLAIM OR COUNTERCLAIMCOUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) RELATED TO OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY MATTER ARISING HEREUNDERAGREEMENT.
Appears in 12 contracts
Samples: Agency Agreement (Alamogordo Financial Corp), Agency Agreement (Bancorp 34, Inc.), Agency Agreement (WCF Bancorp, Inc.)
Waiver of Trial by Jury. EACH OF THE PARTIES HERETO EXPRESSLY WAIVES THE RIGHT TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HERETO IRREVOCABLY WAIVES ALL RIGHT OF A TRIAL BY JURY IN WITH RESPECT TO ANY ACTIONLITIGATION, ACTION OR PROCEEDING RELATING TO OR COUNTERCLAIM, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY MATTER ARISING HEREUNDERAGREEMENT.
Appears in 10 contracts
Samples: Share Exchange Agreement (ComSovereign Holding Corp.), Employment Agreement (COMSovereign Holding Corp.), Stock Purchase Agreement (iGambit, Inc.)
Waiver of Trial by Jury. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT OF TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING OR COUNTERCLAIM, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY MATTER ARISING HEREUNDER.
Appears in 8 contracts
Samples: Equity Purchase Agreement, Stock Purchase and Backstop Agreement (Kv Pharmaceutical Co /De/), Equity Purchase Agreement (General Maritime Corp / MI)
Waiver of Trial by Jury. TO EACH OF THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT OF TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, ACTION ARISING OUT OF OR IN CONNECTION WITH RELATED TO THIS AGREEMENT OR ANY MATTER ARISING HEREUNDERTHE TRANSACTIONS CONTEMPLATED HEREBY.
Appears in 8 contracts
Samples: Asset and Stock Purchase Agreement, Asset and Stock Purchase Agreement, Investment Agreement (Handy & Harman Ltd.)
Waiver of Trial by Jury. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HERETO IRREVOCABLY IRREVOCABLE WAIVES ALL RIGHT OF TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY MATTER ARISING HEREUNDER.
Appears in 6 contracts
Samples: Transitional Agreement, Transitional Agreement (Wright Express CORP), Transitional Agreement (Wright Express CORP)
Waiver of Trial by Jury. TO EACH OF THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT OF TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIMCOUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH RELATING TO THIS AGREEMENT OR THE ACTIONS OF ANY MATTER ARISING HEREUNDERPARTY HERETO IN NEGOTIATION, ADMINISTRATION, PERFORMANCE OR ENFORCEMENT HEREOF.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (LogMeIn, Inc.), Stock Purchase Agreement (LogMeIn, Inc.), Equity Purchase Agreement (Care.com Inc)
Waiver of Trial by Jury. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HERETO OF THE BORROWER AND EACH LENDER HEREBY IRREVOCABLY WAIVES ALL RIGHT OF TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, COUNTERCLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT OR ANY MATTER ARISING HEREUNDERHEREUNDER OR THEREUNDER.
Appears in 5 contracts
Samples: Convertible Loan Agreement (Time Warner Inc/), Convertible Loan Agreement (Time Warner Inc/), Execution Copy (Cdnow Inc/Pa)
Waiver of Trial by Jury. EACH OF THE PARTIES HERETO, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT OF TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY MATTER ARISING HEREUNDER.
Appears in 5 contracts
Samples: Warrant Purchase Agreement (Velocity Express Corp), Convertible Subordinated Debenture Purchase Agreement (Velocity Express Corp), Series a Preferred Stock And (Velocity Express Corp)
Waiver of Trial by Jury. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HERETO CONSENTING PARTY, BORROWER AND THE AGENT HEREBY IRREVOCABLY WAIVES WAIVE ALL RIGHT OF TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, COUNTERCLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT CONSENT OR ANY MATTER ARISING HEREUNDER.
Appears in 4 contracts
Samples: Common Facilities Ownership Agreement, New Common Facilities Ownership Agreement (Mge Energy Inc), Ownership Agreement (Mge Energy Inc)
Waiver of Trial by Jury. TO EACH OF THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HERETO PARTIES HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT OF TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIMACTION BASED UPON, ARISING OUT OF OR IN CONNECTION WITH RELATED TO THIS AGREEMENT OR ANY MATTER ARISING HEREUNDERTHE TRANSACTIONS.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Blue Ocean Acquisition Corp), Agreement and Plan of Merger (Metal Sky Star Acquisition Corp), Agreement and Plan of Merger (Silver Crest Acquisition Corp)
Waiver of Trial by Jury. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY MEMBER HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT OF TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIMCOUNTER-CLAIM, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY MATTER ARISING HEREUNDER.
Appears in 3 contracts
Samples: Operating Agreement (Station Casinos LLC), Limited Liability Company Agreement (Station Voteco LLC), Operating Agreement (Station Casinos LLC)
Waiver of Trial by Jury. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HERETO IRREVOCABLY WAIVES ALL RIGHT OF TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, COUNTERCLAIM ARISING OUT OF OF, OR IN CONNECTION WITH WITH, THIS AGREEMENT C MORTGAGE OR ANY MATTER ARISING HEREUNDER.
Appears in 3 contracts
Samples: Mortgage and Security Agreement, Mortgage and Security Agreement (United Air Lines Inc), Mortgage and Security Agreement (Ual Corp /De/)
Waiver of Trial by Jury. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HERETO IRREVOCABLY WAIVES ALL RIGHT OF TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, COUNTERCLAIM ARISING OUT OF OF, OR IN CONNECTION WITH WITH, THIS AGREEMENT A MORTGAGE OR ANY MATTER ARISING HEREUNDER.
Appears in 3 contracts
Samples: Mortgage and Security Agreement, Mortgage and Security Agreement (United Air Lines Inc), Mortgage and Security Agreement (Ual Corp /De/)
Waiver of Trial by Jury. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HERETO IRREVOCABLY WAIVES ALL RIGHT OF TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, COUNTERCLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY MATTER ARISING HEREUNDER.
Appears in 3 contracts
Samples: Credit Facility Agreement (Paperweight Development Corp), Letter of Credit Facility Agreement (Paperweight Development Corp), Credit Facility Agreement
Waiver of Trial by Jury. TO EACH OF THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT OF TO TRIAL BY JURY IN AND ANY ACTION, PROCEEDING OR COUNTERCLAIMCOUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH RELATING TO THIS AGREEMENT OR THE ACTIONS OF ANY MATTER ARISING HEREUNDERPARTY HERETO IN NEGOTIATION, ADMINISTRATION, PERFORMANCE OR ENFORCEMENT HEREOF.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Epicor Software Corp), Agreement and Plan of Merger and Reorganization (Comscore, Inc.)
Waiver of Trial by Jury. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT OF TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, COUNTERCLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT CONSENT OR ANY MATTER ARISING HEREUNDER.
Appears in 2 contracts
Samples: Consent and Agreement, Consent and Agreement (Panda Interfunding Corp)
Waiver of Trial by Jury. EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HERETO IRREVOCABLY WAIVES LAW ALL RIGHT OF TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, COUNTERCLAIM ARISING OUT OF OR IN CONNECTION WITH THIS RELATING TO THE AGREEMENT OR ANY MATTER ARISING HEREUNDEROF THE TRANSACTIONS CONTEMPLATED HEREBY.
Appears in 2 contracts
Samples: Master Services Agreement (Frontier Group Holdings, Inc.), Master Services Agreement (Global Crossing Airlines Group Inc.)
Waiver of Trial by Jury. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT OF TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, ARISING OUT OF OR IN CONNECTION WITH THIS SUBSCRIPTION AGREEMENT OR ANY MATTER ARISING HEREUNDER.
Appears in 2 contracts
Samples: Subscription Agreement (US Capital Global Lending LLC), Form of Subscription Agreement (NousLogic Healthcare Inc.)
Waiver of Trial by Jury. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HERETO MEMBER HEREBY IRREVOCABLY WAIVES ALL RIGHT OF TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIMCOUNTER-CLAIM, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY MATTER ARISING HEREUNDER.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (FG Financial Group, Inc.), Limited Liability Company Agreement (1347 Property Insurance Holdings, Inc.)
Waiver of Trial by Jury. TO EACH OF THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT OF TO TRIAL BY JURY IN ANY ACTION, LEGAL PROCEEDING OR COUNTERCLAIM, ARISING OUT OF OR IN CONNECTION WITH RELATING TO THIS AGREEMENT LIMITED GUARANTEE OR ANY MATTER ARISING HEREUNDERTHE TRANSACTIONS CONTEMPLATED HEREBY.
Appears in 2 contracts
Samples: Limited Guarantee (Fly Leasing LTD), Limited Guarantee (Tribune Publishing Co)
Waiver of Trial by Jury. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HERETO IRREVOCABLY WAIVES ALL RIGHT OF TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, COUNTERCLAIM ARISING OUT OF OF, OR IN CONNECTION WITH WITH, THIS AGREEMENT B MORTGAGE OR ANY MATTER ARISING HEREUNDER.. [B Mortgage and Security Agreement]
Appears in 2 contracts
Samples: Mortgage and Security Agreement (Ual Corp /De/), Mortgage and Security Agreement (United Air Lines Inc)
Waiver of Trial by Jury. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT OF TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIMCOUNTER-CLAIM, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AMENDMENT OR ANY MATTER ARISING HEREUNDER.
Appears in 2 contracts
Samples: Equityholders Agreement and Joinder (Station Casinos LLC), Equityholders Agreement and Joinder (Station Casinos LLC)
Waiver of Trial by Jury. TO To THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HERETO IRREVOCABLY WAIVES ALL RIGHT OF TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, COUNTERCLAIM ARISING OUT OF OF, OR IN CONNECTION WITH THIS AGREEMENT WITH, ANY TRANSACTION DOCUMENT OR ANY MATTER ARISING HEREUNDERTHEREUNDER.
Appears in 1 contract
Waiver of Trial by Jury. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT OF TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, COUNTERCLAIM ARISING OUT OF OR IN CONNECTION WITH RELATING TO THIS AGREEMENT CUSTODIAL AGREEMENT, ANY OTHER TRANSACTION DOCUMENT OR ANY MATTER ARISING HEREUNDERINSTRUMENT OR DOCUMENT DELIVERED HEREUNDER OR THEREUNDER.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Five Oaks Investment Corp.)
Waiver of Trial by Jury. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH THE CONTRACTING PARTY HERETO AND THE COLLATERAL AGENT HEREBY IRREVOCABLY WAIVES WAIVE ALL RIGHT OF TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, COUNTERCLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT CONSENT OR ANY MATTER ARISING HEREUNDERHERE UNDER.
Appears in 1 contract
Samples: Power Purchase Agreement (LSP Batesville Funding Corp)
Waiver of Trial by Jury. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES WAIVE ALL RIGHT OF TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, COUNTERCLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT OR ANY MATTER ARISING HEREUNDERHEREUNDER OR THEREUNDER.
Appears in 1 contract
Samples: Loan and Security Agreement (Natural Gas Vehicle Systems Inc)
Waiver of Trial by Jury. TO EACH OF THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HERETO PARTIES HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT OF TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIMACTION BASED UPON, ARISING OUT OF OR IN CONNECTION WITH THIS RELATED TO ANY TRANSACTION AGREEMENT OR ANY MATTER ARISING HEREUNDER.THE TRANSACTIONS.
Appears in 1 contract
Waiver of Trial by Jury. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY OF THE PARTIES HERETO IRREVOCABLY WAIVES ALL RIGHT OF TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, COUNTERCLAIM ARISING OUT OF OR IN CONNECTION WITH THIS SERIES 2007-A NOTE PURCHASE AGREEMENT OR ANY MATTER ARISING HEREUNDER.
Appears in 1 contract
Waiver of Trial by Jury. TO EACH OF THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HERETO PARTIES HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT OF TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, ACTION ARISING OUT OF OR IN CONNECTION WITH RELATED TO THIS AGREEMENT OR ANY MATTER ARISING HEREUNDERTHE TRANSACTIONS CONTEMPLATED HEREBY.
Appears in 1 contract
Waiver of Trial by Jury. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT OF TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY MATTER ARISING HEREUNDER.
Appears in 1 contract
Samples: Limited Liability Company Operating Agreement (Riviera Resources, Inc.)
Waiver of Trial by Jury. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HERETO OF THE LOAN PARTIES, THE AGENT AND THE LENDERS HEREBY IRREVOCABLY WAIVES ALL RIGHT OF TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, COUNTERCLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT OR ANY MATTER ARISING HEREUNDERHEREUNDER OR THEREUNDER.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (BMJ Medical Management Inc)
Waiver of Trial by Jury. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HERETO IRREVOCABLY WAIVES ALL RIGHT OF TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, COUNTERCLAIM ARISING OUT OF OF, OR IN CONNECTION WITH WITH, THIS AGREEMENT MORTGAGE OR ANY MATTER ARISING HEREUNDERTHEREUNDER. [Remainder of this page is blank.]
Appears in 1 contract
Samples: Loan Agreement (Flyi Inc)
Waiver of Trial by Jury. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT OF TRIAL BY JURY IN ANY ACTION, PROCEEDING PROCEEDING, OR COUNTERCLAIM, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY MATTER ARISING HEREUNDER.
Appears in 1 contract
Samples: Limited Partnership Agreement (FSI Low Beta Absolute Return Fund)
Waiver of Trial by Jury. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE BORROWER AND THE SECURED PARTY HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT OF TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, COUNTERCLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY MATTER ARISING HEREUNDER.
Appears in 1 contract
Samples: Pledge and Security Agreement (Smartalk Teleservices Inc)