JURY TRIAL WAIVED. THE BORROWER AND THE LENDER HEREBY AGREE THAT THEY SHALL AND HEREBY WAIVE, TO THE FULLEST EXTENT DETERMINED BY LAW, TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, WHETHER AT LAW OR IN EQUITY, BROUGHT BY ANY OF THEM OR IN ANY MATTER WHATSOEVER WHICH ARISES OUT OF OR IS IN CONNECTION IN ANY ANYWAY WITH THIS AGREEMENT.
JURY TRIAL WAIVED. The Payor hereby waives presentment, demand, notice of dishonor, protest and notice of protest. The Payor hereby waives all rights to a trial by jury in any litigation arising out of or in connection with this Debenture.
JURY TRIAL WAIVED. Each of the parties does hereby irrevocably waive any rights it might otherwise have to a jury trial of any claim or cause of action based upon or arising out of this Agreement. In litigation between the parties, this Agreement may be filed with the court as written consent by both parties to a bench trial. 12.4
JURY TRIAL WAIVED. THE CREDIT PARTIES AND THE LENDER HEREBY AGREE THAT THEY SHALL AND HEREBY WAIVE, TO THE FULLEST EXTENT DETERMINED BY LAW, TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, WHETHER AT LAW OR IN EQUITY, BROUGHT BY ANY OF THEM, OR IN ANY MATTER WHATSOEVER WHICH ARISES OUT OF OR IS CONNECTION IN ANY WAY WITH THIS AGREEMENT.
JURY TRIAL WAIVED. RIMCO and the Company hereby agree that they shall and hereby do waive trial by jury in any action, proceeding or counterclaim, whether at law or at equity, brought by either of them, or in any matter whatsoever which arises out of or is connected in any way with this commitment letter or its performance. The commitment represented by this letter shall automatically expire on April 25, 1997 if we have not received a copy of this letter duly executed by you on or prior to such date. The expiration date of this commitment may not be extended except by a written instrument executed by a duly authorized officer of RIMCO. RIMCO shall have the option to immediately terminate this commitment letter by giving written notice thereof by registered or certified mail to the Company if the Company fails to satisfy or perform any of the terms, conditions or provisions of this commitment letter, or supplies RIMCO with any false or misleading information. This commitment shall be terminated if the closing of the transaction contemplated hereby has not been consummated on or before May 15, 1997, except that your obligation to pay all expenses of the Purchasers' counsel and title consultant as described above shall survive any such termination. If all of the foregoing is acceptable to you, please so indicate by signing and returning one copy of this letter to Gary Milavec c/o RIMCO, 600 Travis, Suite 6875, Houston, TX. 77002. Xxxx xxxxx yours, RESOXXXX XXXXXXXXX XXXXXXXXXX XXXXXXX XXXXXXX PARTNERSHIP By: /s/ GARY J. MILAVEC Its: Senior Vice President TEXOIL, INC. By: /s/ XXXXX XXXXXXX Its: President and CEO Date: APRIL 21, 1997 SUMMARY OF PRINCIPAL TERMS Issue: Senior Secured Exchangeable General Obligation Notes (the "Notes") Issuer: Texoil Company ("Texoil"), a wholly owned subsidiary of Texoil, Inc. ("Parent") Purchasers: Resource Investors Management Company, through one or more of its affiliated entities ("RIMCO"). Interest Rate: 10% per annum, payable monthly. Commitment Amount: $1,500,000 Commitment Period: Six months Maturity: Same as the existing 10% Senior Secured Exchangeable General Obligation Notes dated September 6, 1996 Security: Same as the existing 10% Senior Secured Exchangeable General Obligation Notes dated September 6, 1996 Use of Proceeds: Primarily to fund Texoil's share of drilling and completion costs for the first wells to-be-drilled in the Raceland and Green's Xxxx 3-D projects. The last $500,000 of the Commitment Amount may only be used for compl...
JURY TRIAL WAIVED. Lessee and Lessor waive all right to trial by jury in any proceeding, action or counterclaim by either Lessor or Lessee against each other arising out of, or connected with, this lease and the relationship of Lessor and Lessee, or Lessee’s use of the premises.
JURY TRIAL WAIVED. THE BORROWER, THE ADMINISTRATIVE AGENT AND EACH LENDER HEREBY AGREE THAT THEY SHALL AND HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, WHETHER AT LAW OR IN EQUITY, BROUGHT BY ANY OF THEM OR IN ANY MATTER WHATSOEVER WHICH ARISES OUT OF OR IS IN CONNECTION IN ANY ANYWAY WITH THIS AGREEMENT. ________________________________________________________________________________ 48
JURY TRIAL WAIVED. 48 8.14 COUNTERPARTS . . . . . . . . . . . . . . . . . . . . . . . . . . . .48 8.15 EFFECTIVENESS. . . . . . . . . . . . . . . . . . . . . . . . . . . .48 8.16 DOCUMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .48 8.17
JURY TRIAL WAIVED. Each party hereby waives trial by jury in any judicial proceeding involving, directly or indirectly any matter in any way arising out of, related to, or connected with this Agreement whether based in contract, tort or otherwise.
JURY TRIAL WAIVED. 50 8.14 COUNTERPARTS................................................50
