Waiver of Jury Trial. The Company hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 1133 contracts
Samples: Equity Distribution Agreement (Gladstone Capital Corp), Underwriting Agreement (Verastem, Inc.), Underwriting Agreement (Molson Coors Beverage Co)
Waiver of Jury Trial. The You and the Company hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right either of you may have to a trial by jury in respect to any legal proceeding litigation directly or indirectly arising out of of, under or relating to in connection with this Award Agreement or the transactions contemplated herebyPlan.
Appears in 179 contracts
Samples: Omnibus Incentive Compensation Plan Performance Stock Unit Award Agreement (Evolent Health, Inc.), Performance Share Unit Award Agreement Under The (GXO Logistics, Inc.), Performance Based Restricted Stock Unit Award Agreement (XPO, Inc.)
Waiver of Jury Trial. The Company and the Selling Stockholders hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 55 contracts
Samples: Underwriting Agreement (Custom Truck One Source, Inc.), Underwriting Agreement (Magnolia Oil & Gas Corp), Underwriting Agreement (Magnolia Oil & Gas Corp)
Waiver of Jury Trial. The Company and the Agent hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right to jury trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 37 contracts
Samples: Terms Agreement (Arcellx, Inc.), Terms Agreement (MEI Pharma, Inc.), Sales Agreement (PepGen Inc.)
Waiver of Jury Trial. The Company and each of the Initial Purchasers hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 36 contracts
Samples: Purchase Agreement (DT Midstream, Inc.), Registration Rights Agreement (Sba Communications Corp), Registration Rights Agreement (Sba Communications Corp)
Waiver of Jury Trial. The Company and the Selling Stockholder each hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 32 contracts
Samples: Stock Repurchase Agreement (Travelzoo), Stock Repurchase Agreement (Angel Oak Mortgage REIT, Inc.), Stock Purchase Agreement (HF Sinclair Corp)
Waiver of Jury Trial. The Company and the Agent hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 29 contracts
Samples: Equity Distribution Agreement (Terreno Realty Corp), Equity Distribution Agreement (Terreno Realty Corp), Equity Distribution Agreement (Terreno Realty Corp)
Waiver of Jury Trial. The Each of the Company and the Trustee hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement Indenture, the Securities or the transactions contemplated hereby.
Appears in 28 contracts
Samples: Profound Medical Corp., Triple Flag Precious Metals Corp., Indenture (Village Farms International, Inc.)
Waiver of Jury Trial. The Each of the Company and the Trustees hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement Indenture, the Securities or the transactions contemplated hereby.
Appears in 27 contracts
Samples: Cybin (Cybin Inc.), Indenture (Bragg Gaming Group Inc.), Indenture (Engine Media Holdings, Inc.)
Waiver of Jury Trial. The Each of the Company and the Operating Partnership hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 25 contracts
Samples: Market Offering Sales Agreement (Sun Communities Inc), Underwriting Agreement (Seritage Growth Properties), Sun Communities Inc
Waiver of Jury Trial. The Company and the Selling Stockholder hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 20 contracts
Samples: Underwriting Agreement (Crescent Energy Co), Underwriting Agreement (PlayAGS, Inc.), Underwriting Agreement (Crescent Energy Co)
Waiver of Jury Trial. The Company and the Purchaser hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 20 contracts
Samples: Securities Purchase Agreement (BeyondSpring Inc.), Shareholders Agreement (Agora, Inc.), Subscription Agreement (Azure Power Global LTD)
Waiver of Jury Trial. The Each of the Company and the Manager hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 18 contracts
Samples: Underwriting Agreement (Blackstone Mortgage Trust, Inc.), Underwriting Agreement (Blackstone Mortgage Trust, Inc.), Underwriting Agreement (Blackstone Mortgage Trust, Inc.)
Waiver of Jury Trial. The Company and the Participant hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right either party may have to a trial by jury in respect to any legal proceeding litigation directly or indirectly arising out of of, under or relating to in connection with this Agreement or the transactions contemplated herebyAward.
Appears in 16 contracts
Samples: Smith & Wesson Brands, Inc., Smith & Wesson Brands, Inc., American Outdoor Brands, Inc.
Waiver of Jury Trial. The Company hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated herebyhereby or thereby.
Appears in 16 contracts
Samples: The Market Offering Agreement (Nuvectis Pharma, Inc.), Equity Distribution Agreement (LTC Properties Inc), Equity Distribution Agreement (LTC Properties Inc)
Waiver of Jury Trial. The Each of the Company and the Operating Partnership hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement, any Terms Agreement or the transactions contemplated herebyhereby or thereby.
Appears in 15 contracts
Samples: Terms Agreement (Prologis, L.P.), Equity Distribution Agreement (Colony Capital, Inc.), Equity Distribution Agreement (Colony Capital, Inc.)
Waiver of Jury Trial. The Company and the Agents hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right to jury trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 14 contracts
Samples: Market Equity Distribution Agreement (TMC the Metals Co Inc.), Terms Agreement (Gladstone Commercial Corp), Terms Agreement (MEI Pharma, Inc.)
Waiver of Jury Trial. The Company hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Underwriting Agreement or the transactions contemplated hereby.
Appears in 13 contracts
Samples: Underwriting Agreement (BeyondSpring Inc.), Deposit Agreement (Abengoa Sa), Deposit Agreement (Abengoa Sa)
Waiver of Jury Trial. The Company hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 12 contracts
Samples: Underwriting Agreement (Evoke Pharma Inc), Placement Agency Agreement, Placement Agency Agreement (Spherix Inc)
Waiver of Jury Trial. The Company hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement, each Terms Agreement or the transactions contemplated hereby.
Appears in 11 contracts
Samples: Underwriting Agreement (Alphabet Inc.), Underwriting Agreement, Underwriting Agreement (Alphabet Inc.)
Waiver of Jury Trial. The Company and the Manager hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 11 contracts
Samples: Equity Distribution Agreement (Bre Properties Inc /Md/), Equity Distribution Agreement (Bre Properties Inc /Md/), Equity Distribution Agreement (Bre Properties Inc /Md/)
Waiver of Jury Trial. The Company and the Agents hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 10 contracts
Samples: Sales Agreement (Opendoor Technologies Inc.), Terms Agreement, Equity Distribution Agreement (Pulse Biosciences, Inc.)
Waiver of Jury Trial. The Company and each Selling Stockholder hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 9 contracts
Samples: Stock Repurchase Agreement (West Corp), Stock Repurchase Agreement (West Corp), Underwriting Agreement (Spirit Airlines, Inc.)
Waiver of Jury Trial. The You and the Company hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right either of you may have to a trial by jury in respect to any legal proceeding litigation directly or indirectly arising out of of, under or relating to in connection with this Agreement or the transactions contemplated herebyPlan.
Appears in 8 contracts
Samples: Restricted Stock Unit Award Agreement (Benchmark Electronics Inc), Restricted Stock Unit Award Agreement (Vista Outdoor Inc.), Restricted Stock Award Agreement (Vista Outdoor Inc.)
Waiver of Jury Trial. The Company and the Manager hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right to jury trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 7 contracts
Samples: Distribution Agency Agreement (Affiliated Managers Group Inc), Distribution Agency Agreement (Affiliated Managers Group Inc), Distribution Agency Agreement (Affiliated Managers Group Inc)
Waiver of Jury Trial. The Each of the Company and the Trustee hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement Indenture, the Notes or the transactions transaction contemplated hereby.
Appears in 7 contracts
Samples: Forest City Enterprises Inc, Forest City Enterprises Inc, Forest City Enterprises Inc
Waiver of Jury Trial. The Each of the Company and the Warrant Agent hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement Agreement, the Warrants or the transactions contemplated hereby.
Appears in 6 contracts
Samples: Warrant Agreement (Tidewater Inc), Warrant Agreement (Tidewater Inc), Warrant Agreement (Gulfmark Offshore Inc)
Waiver of Jury Trial. The Company Company, the Selling Shareholder and each Bank Party hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 6 contracts
Samples: Underwriting Agreement (Restaurant Brands International Inc.), Underwriting Agreement (Restaurant Brands International Inc.), Underwriting Agreement (Restaurant Brands International Inc.)
Waiver of Jury Trial. The Company hereby irrevocably waives, to the fullest extent permitted by applicable law, expressly waives any and all right to a trial by jury in any action or legal proceeding arising out of or relating to this Agreement or any other Loan Document for the transactions contemplated herebyhereby or thereby.
Appears in 6 contracts
Samples: Warehousing Credit and Security Agreement (Mortgage Com Inc), Warehousing Credit and Security Agreement (E Loan Inc), Warehousing Credit and Security Agreement (Mortgage Com Inc)
Waiver of Jury Trial. The Each of the Company and the Warrant Agent hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement Agreement, the Warrants, the Notes or the transactions contemplated hereby.
Appears in 6 contracts
Samples: Warrant Agreement (Verso Paper Holdings LLC), Warrant Agreement (Horizon Lines, Inc.), Warrant Agreement (Horizon Lines, Inc.)
Waiver of Jury Trial. The Company and the Selling Shareholder hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 5 contracts
Samples: Underwriting Agreement (Tecnoglass Inc.), Underwriting Agreement (Elan Corp PLC), Alkermes Plc.
Waiver of Jury Trial. The Company and the Investor hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Xtant Medical Holdings, Inc.), Securities Purchase Agreement (Xtant Medical Holdings, Inc.), Securities Purchase Agreement (Xtant Medical Holdings, Inc.)
Waiver of Jury Trial. The Company and the Manager hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 5 contracts
Samples: Sales Agreement (Applied Therapeutics Inc.), Equity Distribution Agreement (Clean Energy Fuels Corp.), Equity Distribution Agreement (Clean Energy Fuels Corp.)
Waiver of Jury Trial. The Company hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right rights to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 5 contracts
Samples: Underwriting Agreement (iHuman Inc.), Purchase Agreement (Ctrip Com International LTD), Purchase Agreement (Ctrip Com International LTD)
Waiver of Jury Trial. EACH OF The Company AND THE MANAGER hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement, any Terms Agreement or the transactions contemplated herebyhereby or thereby.
Appears in 5 contracts
Samples: Market Offering Agreement (Dermata Therapeutics, Inc.), Market Offering Agreement (XORTX Therapeutics Inc.), Market Offering Agreement (NextPlay Technologies Inc.)
Waiver of Jury Trial. The Company and the Managers hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement, any Terms Agreement or the transactions contemplated herebyhereby or thereby.
Appears in 5 contracts
Samples: Terms Agreement (Karuna Therapeutics, Inc.), Terms Agreement (3d Systems Corp), Terms Agreement (Karuna Therapeutics, Inc.)
Waiver of Jury Trial. The Company Each of the Transaction Entities and the Managers hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 5 contracts
Samples: Distribution Agreement (Douglas Emmett Inc), Douglas Emmett Inc, Douglas Emmett Inc
Waiver of Jury Trial. The Company and the Selling Shareholders hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 5 contracts
Samples: Underwriting Agreement (EQT Corp), Underwriting Agreement (EQT Corp), Letter Agreement (Tfi Tab Gida Yatirimlari A.S.)
Waiver of Jury Trial. The Company and the Managers hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 5 contracts
Samples: Equity Distribution Agreement (Atmos Energy Corp), Equity Distribution Agreement (Atmos Energy Corp), Equity Distribution Agreement (Atmos Energy Corp)
Waiver of Jury Trial. The Each of the Company and the Selling Stockholder hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 5 contracts
Samples: Underwriting Agreement (PRA Health Sciences, Inc.), Underwriting Agreement (PRA Health Sciences, Inc.), Underwriting Agreement (PRA Health Sciences, Inc.)
Waiver of Jury Trial. The Company and each Manager hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 4 contracts
Samples: Equity Distribution Agreement (Macerich Co), Equity Distribution Agreement (Macerich Co), Equity Distribution Agreement (Macerich Co)
Waiver of Jury Trial. The Company and the Agent hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement Amendment or the transactions contemplated hereby.
Appears in 4 contracts
Samples: Indenture (Corporate Office Properties, L.P.), Indenture (Corporate Office Properties, L.P.), Indenture (Corporate Office Properties, L.P.)
Waiver of Jury Trial. The Each of the Company and the Selling Stockholders hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 4 contracts
Samples: Frontier Group Holdings, Inc., Underwriting Agreement (Hemisphere Media Group, Inc.), Frontier Group Holdings, Inc.
Waiver of Jury Trial. The Company Companies hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 4 contracts
Samples: Underwriting Agreement (Equinix Inc), Omnicom Group Inc., Omnicom Group Inc.
Waiver of Jury Trial. The Each of the Company and the Representatives hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 4 contracts
Samples: Underwriting Agreement (Juniper Networks Inc), Underwriting Agreement (Juniper Networks Inc), Juniper Networks Inc
Waiver of Jury Trial. The Company Company, the Agent and the Forward Purchaser hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 4 contracts
Samples: Sales Agreement (Essential Utilities, Inc.), Equity Distribution Agreement (Affiliated Managers Group, Inc.), Equity Distribution Agreement (Affiliated Managers Group, Inc.)
Waiver of Jury Trial. The Company hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated herebythereby.
Appears in 4 contracts
Samples: Underwriting Agreement (Oceanaut, Inc.), Underwriting Agreement (Marathon Acquisition Corp.), Underwriting Agreement (Freedom Acquisition Holdings, Inc.)
Waiver of Jury Trial. The Company hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to unconditionally waives trial by jury in any legal action or proceeding arising out of or relating to this Agreement or the transactions contemplated herebyAgreement.
Appears in 4 contracts
Samples: Purchase Agreement (Molina Healthcare, Inc.), Purchase Agreement (Molina Healthcare, Inc.), Purchase Agreement (Molina Healthcare, Inc.)
Waiver of Jury Trial. The Company and its Subsidiaries hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 3 contracts
Samples: Underwriting Agreement (Desert Peak Minerals Inc.), Underwriting Agreement (Brigham Minerals, Inc.), Underwriting Agreement (Brigham Minerals, Inc.)
Waiver of Jury Trial. The Company and the Purchasers hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 3 contracts
Samples: Purchase Agreement (Ecolab Inc.), BioFuel Energy Corp., BioFuel Energy Corp.
Waiver of Jury Trial. The Each of the Company and Manager hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 3 contracts
Samples: Global Ship Lease, Inc., Cardlytics, Inc., Quantum-Si Inc
Waiver of Jury Trial. The Company hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 3 contracts
Samples: Underwriting Agreement (Crescent Energy Co), Underwriting Agreement (Pintec Technology Holdings LTD), Deposit Agreement (Gridsum Holding Inc.)
Waiver of Jury Trial. The Company Each of the company and the trustee hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement agreement, the notes or the transactions transaction contemplated herebythereby.
Appears in 3 contracts
Samples: Indenture (Xilinx Inc), Indenture (Verisign Inc/Ca), Indenture (Microchip Technology Inc)
Waiver of Jury Trial. The Each of the Company Parties hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 3 contracts
Samples: Underwriting Agreement (Vine Energy Inc.), Underwriting Agreement (Vine Energy Inc.), Underwriting Agreement (Vine Energy Inc.)
Waiver of Jury Trial. The Company hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement, any Terms Agreement or the transactions contemplated herebyhereby or thereby.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Borr Drilling LTD), Terms Agreement (Teekay Corp), Terms Agreement (Teekay Corp)
Waiver of Jury Trial. The You and the Company hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right either of you may have to a trial by jury in respect to any legal proceeding litigation directly or indirectly arising out of of, under or relating to in connection with this Award Agreement or the transactions contemplated herebyterms and conditions of the Plan.
Appears in 3 contracts
Samples: Restricted Stock Unit Award Agreement (XPO Logistics, Inc.), Restricted Stock Unit Award Agreement (XPO Logistics, Inc.), Option Award Agreement (XPO Logistics, Inc.)
Waiver of Jury Trial. EACH OF THE MANAGER AND The Company hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement, any Terms Agreement or the transactions contemplated herebyhereby or thereby.
Appears in 3 contracts
Samples: Terms Agreement, Terms Agreement (NovaBay Pharmaceuticals, Inc.), Market Offering Agreement (NovaBay Pharmaceuticals, Inc.)
Waiver of Jury Trial. The Company hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial trail by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 3 contracts
Samples: Seaspan CORP, Seaspan CORP, Seaspan CORP
Waiver of Jury Trial. The Company hereby irrevocably waives, waives any right it may have to the fullest extent permitted by applicable law, any and all right to a trial by jury in respect of any legal action, proceeding or litigation directly or indirectly arising out of of, under or relating to this Agreement or the transactions contemplated herebyin connection with, THIS AGREEMENT AND THE NOTES.
Appears in 3 contracts
Samples: Convertible Note Purchase Agreement (Bio Plexus Inc), Convertible Note Purchase Agreement (Appaloosa Management Lp), Convertible Note Purchase Agreement (Shamrock Holdings of California Inc)
Waiver of Jury Trial. The Company and the Representatives hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 2 contracts
Samples: Williams Scotsman International (Williams Scotsman International Inc), Williams Scotsman (Williams Scotsman of Canada Inc)
Waiver of Jury Trial. The Company hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding proceedings arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 2 contracts
Samples: Underwriting Agreement (Methes Energies International LTD), Underwriting Agreement (Methes Energies International LTD)
Waiver of Jury Trial. The Company and [—] each hereby irrevocably waives, waives any right it may have to the fullest extent permitted by applicable law, any and all right to a trial by jury in respect of any legal proceeding claim based upon or arising out of or relating to this Agreement or the transactions any transaction contemplated hereby.
Appears in 2 contracts
Samples: Sabra Health Care (Sabra Health Care REIT, Inc.), Sabra Health Care (Sabra Health Care REIT, Inc.)
Waiver of Jury Trial. The Company hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 2 contracts
Samples: Vistra Corp., Vistra Corp.
Waiver of Jury Trial. The Company and Xxxxxx Xxxxxxxx each hereby irrevocably waives, waives any right it may have to the fullest extent permitted by applicable law, any and all right to a trial by jury in respect of any legal proceeding claim based upon or arising out of this amendment or relating to this Agreement or the transactions any transaction contemplated hereby.
Appears in 2 contracts
Samples: Original Sales Agreement (Inovio Pharmaceuticals, Inc.), Inovio Pharmaceuticals, Inc.
Waiver of Jury Trial. The Each of the Company and the Trustee hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement Indenture, the Notes or the transactions contemplated hereby.
Appears in 2 contracts
Samples: Indenture (Azteca Holdings Sa De Cv), Antenna Tv Sa
Waiver of Jury Trial. The Company Company, the Adviser, the Administrator and the Agent hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right to jury trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 2 contracts
Samples: Administration Agreement (Fifth Street Finance Corp.), Administration Agreement (Fifth Street Finance Corp)
Waiver of Jury Trial. The Company hereby irrevocably waives, to the fullest extent permitted by applicable law, any and waives all right to trial by jury in any legal action, proceeding or counterclaim (whether based on contract, tort or otherwise) arising out of or relating to this Agreement Note, or the transactions contemplated herebynegotiation, administration, performance or enforcement thereof.
Appears in 2 contracts
Waiver of Jury Trial. The Each of the Company and the Trustee hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement indenture, the notes or the transactions transaction contemplated hereby.
Appears in 2 contracts
Waiver of Jury Trial. The Each of the Agent and the Company hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 2 contracts
Samples: Sales Agreement (TriplePoint Venture Growth BDC Corp.), Sales Agreement (TriplePoint Venture Growth BDC Corp.)
Waiver of Jury Trial. The Company hereby irrevocably waives, waives any right it may have to the fullest extent permitted by applicable law, any and all right to a trial by jury in respect of any legal action, proceeding or litigation directly or indirectly arising out of of, under or relating to in connection with, this Agreement or and the transactions contemplated herebyNotes.
Appears in 2 contracts
Samples: Convertible Note Purchase Agreement (Appaloosa Management Lp), Convertible Note Purchase Agreement (Bio Plexus Inc)
Waiver of Jury Trial. The Company hereby irrevocably waives, waives any right it may have to the fullest extent permitted by applicable law, any and all right to a trial by jury in respect of any legal action, proceeding or litigation directly or indirectly arising out of of, under or relating to this Agreement or the transactions contemplated hereby.in connection with, THIS NOTE OR ANY OF THE OTHER TRANSACTION DOCUMENTS
Appears in 2 contracts
Samples: Bio Plexus Inc, Appaloosa Management Lp
Waiver of Jury Trial. The Each of the Company and Employee hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or any other basis document or the transactions contemplated herebyhereby or thereby.
Appears in 2 contracts
Samples: Employment Agreement (Long Distance International Inc), Employment Agreement (Register Com Inc)
Waiver of Jury Trial. The Company company and the investor hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement agreement or the transactions contemplated hereby.
Appears in 2 contracts
Samples: Form of Share Subscription Agreement (BeyondSpring Inc.), Share Subscription Agreement (BeyondSpring Inc.)
Waiver of Jury Trial. The Company hereby irrevocably waives, to To the fullest extent permitted by applicable law, the parties hereby irrevocably waive any and all right to trial by jury in any legal proceeding arising out of or relating to the interpretation of this Agreement or the transactions contemplated herebytermination of Executive’s employment with the Company.
Appears in 2 contracts
Samples: Form Of Agreement (Strategic Hotels & Resorts, Inc), Employment Agreement (Strategic Hotel Capital Inc)
Waiver of Jury Trial. The Company Company, the Bank and each Distribution Agent hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 2 contracts
Samples: Equity Distribution Agreement (BofI Holding, Inc.), Equity Distribution Agreement (BofI Holding, Inc.)
Waiver of Jury Trial. The Company hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding between the Company and the Underwriters arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 2 contracts
Samples: Underwriting Agreement (China Ascendance Acquisition Corp.), Underwriting Agreement (Highlands Acquisition Corp)
Waiver of Jury Trial. The Company Each of the Company, the Trustee and the Agents hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated herebyIndenture.
Appears in 2 contracts
Waiver of Jury Trial. The Each of the Company and the Representatives hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury trail in any legal proceeding arising out of or relating to this Agreement or the transactions transaction contemplated hereby.
Appears in 2 contracts
Samples: Underwriting Agreement (Apogee Therapeutics, Inc.), Underwriting Agreement (Apogee Therapeutics, Inc.)
Waiver of Jury Trial. The Each of the Company and the Agents hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 2 contracts
Samples: Terms Agreement (Hcp, Inc.), Terms Agreement (Hcp, Inc.)
Waiver of Jury Trial. The Company and the Selling Shareholders each hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 2 contracts
Samples: Stock Purchase and Cooperation Agreement (Griffon Corp), Stock Purchase Agreement (Griffon Corp)
Waiver of Jury Trial. The Company hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial trail by jury in any legal proceeding arising out of or relating to this Agreement, any Terms Agreement or the transactions contemplated herebyhereby or thereby.
Appears in 2 contracts
Samples: Terms Agreement (Seaspan CORP), Terms Agreement (Seaspan CORP)
Waiver of Jury Trial. The You and the Company hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right either of you may have to a trial by jury in respect to any legal proceeding litigation directly or indirectly arising out of of, under or relating to in connection with this Award Agreement or the transactions contemplated hereby.Plan. (c)
Appears in 1 contract
Waiver of Jury Trial. The Company and the Selling Securityholders hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 1 contract
Samples: BTRS Holdings Inc.
Waiver of Jury Trial. The Company hereby irrevocably waives, waives to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement, any Terms Agreement or the transactions contemplated herebyhereby or thereby.
Appears in 1 contract
Waiver of Jury Trial. The Company hereby and XXXX XX irrevocably waives, waive to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 1 contract
Waiver of Jury Trial. The Each of the Company and the Warrant Agent hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement , the Warrants or the transactions transaction contemplated hereby.
Appears in 1 contract
Waiver of Jury Trial. The You and the Company hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right either of you may have to a trial by jury in respect to any legal proceeding litigation directly or indirectly arising out of of, under or relating to in connection with this Agreement or the transactions contemplated herebyAward Agreement.
Appears in 1 contract
Waiver of Jury Trial. The Company Company, each of the Agents and the Register hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement agreement, the Notes or the transactions transaction contemplated hereby.
Appears in 1 contract
Samples: Conversion Agent and Registrar Agreement (Internet Initiative Japan Inc)
Waiver of Jury Trial. The Company hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to unconditionally waives trial by jury in any legal action or proceeding arising out of or relating referred to this Agreement or the transactions contemplated herebyin Section 7.9.
Appears in 1 contract
Samples: Denali Inc
Waiver of Jury Trial. The Company and the Agent hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right to jury trial by jury in any legal proceeding arising out of or relating to this Amendment No. 1 to At-the-Market Offering Sales Agreement or the any transactions contemplated hereby.
Appears in 1 contract
Samples: Sales Agreement (Safe Bulkers, Inc.)
Waiver of Jury Trial. The Each of the Borrower and the Company hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or any other Related Document or the transactions contemplated herebythereby.
Appears in 1 contract
Waiver of Jury Trial. The Company hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this U.S. Underwriting Agreement or the transactions contemplated hereby.
Appears in 1 contract
Samples: Vista Oil & Gas, S.A.B. De C.V.
Waiver of Jury Trial. The Company and Managers hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement, any Terms Agreement or the transactions contemplated herebyhereby or thereby.
Appears in 1 contract
Waiver of Jury Trial. The Company and the Purchaser hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 1 contract
Samples: Securities Purchase Agreement (Foamix Pharmaceuticals Ltd.)
Waiver of Jury Trial. The Company hereby irrevocably waives, to the fullest extent permitted by applicable law, expressly waives any and all right to a -------------------- trial by jury in any legal action or proceeding arising out of to enforce or relating to this defend any rights hereunder or under the Note, the Security Agreement or any other instrument, document, agreement or amendment delivered (or which in the transactions contemplated herebyfuture may be delivered) in connection herewith or arising from any banking or lending relationship existing in connection herewith. Company agrees that any such action or proceeding shall be tried before a court and not before a jury.
Appears in 1 contract
Samples: Credit and Security Agreement (Educational Development Corp)
Waiver of Jury Trial. The Company hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby. The Company hereby submits to the non-exclusive jurisdiction of the Federal and state courts in the Borough of Manhattan in The City of New York in any suit or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 1 contract
Samples: Seacor Holdings Inc /New/
Waiver of Jury Trial. The Company and each of the Representatives hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 1 contract
Samples: Letter Agreement (BeiGene, Ltd.)
Waiver of Jury Trial. The Company hereby irrevocably waives, waives any right it may have to the fullest extent permitted by applicable law, any and all right to a trial by jury in respect of any legal action, proceeding or litigation directly or indirectly arising out of of, under or relating to this Agreement or the transactions contemplated herebyin connection with, THIS NOTE.
Appears in 1 contract
Samples: Shamrock Holdings of California Inc
Waiver of Jury Trial. The Company and the Subsidiary Guarantors hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
Appears in 1 contract
Samples: Lear Corp
Waiver of Jury Trial. The Company and Employee hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right it may have to a trial by jury in respect of any legal proceeding litigation as between the parties directly or indirectly arising out of of, or relating to in connection with, this Agreement or the transactions contemplated herebyAgreement.
Appears in 1 contract
Samples: Employment Agreement (Tops PT, LLC)