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 615 contracts

Samples: Registration Rights Agreement (Ace Global Business Acquisition LTD), Registration Rights Agreement (Santa Monica Media CORP), Registration Rights Agreement (General Finance 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: Registration and Stockholder Rights Agreement (Figure Acquisition Corp. I), Registration and Stockholder Rights Agreement (New Providence Acquisition Corp. II), Registration and Shareholder Rights Agreement (Leo Holdings Corp.)

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 Services Agreement, Disclosure and Agreement, Disclosure and 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 (GigCapital2, Inc.), Registration Rights Agreement (Proficient Alpha Acquisition Corp), Registration Rights Agreement (Capitol Investment Corp. V)

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 (Global Partners Lp), Agreement of Purchase and Sale, Agreement of Purchase and Sale (Industrial Income 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 31 contracts

Samples: Custodial Agreement (Sequoia Mortgage Trust 2012-3), Custodial Agreement (Sequoia Mortgage Trust 2011-2), Custodial Agreement (Sequoia Mortgage Trust 2011-2)

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 Escrow Agreement (Sidhu Special Purpose Capital Corp.), Securities Purchase Agreement (Navios Maritime Acquisition CORP), Securities Purchase Agreement (Navios Maritime Partners L.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 any Investor in the negotiation, administration, performance or enforcement hereof.

Appears in 29 contracts

Samples: Merger Agreement (Clearday, Inc.), Registration Rights Agreement (Modiv Acquisition Corp.), Registration Rights Agreement (International Media 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), Registration Rights Agreement (Nova Vision 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 Insider in the negotiation, administration, performance or enforcement hereof.

Appears in 21 contracts

Samples: Registration Rights Agreement (Global Logistics Acquisition CORP), Registration Rights Agreement (Acquicor Technology Inc), Registration Rights Agreement (180 Connect 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 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: Warrant Agreement (Tropicana Las Vegas Hotel & Casino, Inc.), Warrant Agreement (Charter Communications Inc /Mo/), Master Warrant Agreement (Hancock Fabrics 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: Intercreditor Agreement (Oportun Financial Corp), Indenture (Oportun Financial Corp), Indenture (Oportun Financial 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 18 contracts

Samples: Servicing Agreement (Conns Inc), Servicing Agreement (Conns Inc), Servicing Agreement (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 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 Drilling CO), Registration Rights Agreement (Beverage Acquisition CORP), Registration Rights Agreement (Vantage Energy Services, 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 (Great Plains Energy Inc), Purchase and Sale Agreement (Great Plains Energy Inc), Receivables Sale Agreement (Ametek Inc/)

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 and Project Agreement, Lease and Project Agreement, Lease and Project Agreement

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 14 contracts

Samples: Master Agreement (Mack Cali Realty L P), Master Agreement (Mack Cali Realty L P), 2002 Master Agreement (Booz Allen Hamilton Holding 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.. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

Appears in 14 contracts

Samples: Registration Rights Agreement (Boomerang Holdings, Inc.), Registration Rights Agreement (Taliera CORP), Registration Rights Agreement (8i Enterprises 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 in the negotiation, administration, performance or enforcement hereof.

Appears in 14 contracts

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

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 (GSC Capital Corp. Mortgage Trust 2006-1), Master Agreement (BNC CORP Mortgage Loan Trust 2007-Bnc4), Master Agreement (Sasco 2007-Bnc1)

Waiver of Trial by Jury. Each party of the parties hereto hereby irrevocably and unconditionally waives the right to a trial by jury in with respect to any action, suit, counterclaim litigation directly or other proceeding (whether based on contract, tort or otherwise) indirectly arising out of, connected under 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 hereofIndenture.

Appears in 13 contracts

Samples: Intercreditor Agreement (L Brands, Inc.), Supplemental Indenture (US Foods Holding Corp.), Collateral Trust Agreement (Tenneco 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: 1115 Agreement (Residential Asset Securitization Trust 2006-A8), Item 1115 Agreement (IndyMac INDX Mortgage Loan Trust 2006-Ar41), Item 1115 Agreement (CHL Mortgage Pass-Through Trust 2006-13)

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 (Energy XXI Gulf Coast, Inc.), Warrant Agreement, Warrant Agreement (Chaparral Energy, 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 2006-19), Administration Agreement (CWABS Asset-Backed Certificates Trust 2006-13), Pooling and Servicing Agreement (CWABS Asset-Backed Certificates Trust 2006-14)

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: Registration Rights Agreement (Betterware De Mexico, S.A. De C.V.), Combination and Stock Purchase Agreement (DD3 Acquisition Corp.), Investor Rights Agreement (American Virtual Cloud Technologies, 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 parties in the negotiation, administration, performance or enforcement hereof.

Appears in 8 contracts

Samples: Registration Rights Agreement (Restaurant Acquisition Partners, Inc.), Registration Rights Agreement (Restaurant Acquisition Partners, 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 (Global Consumer Acquisition Corp.), Warrant Agreement (Global Consumer Acquisition Corp.), Warrant Agreement (Global Consumer Acquisition Corp.)

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: Securities Purchase Agreement (Indalex Holding Corp.), Preferred Stock Repurchase Agreement (Limbach Holdings, Inc.), Stock Purchase Agreement (BankFinancial CORP)

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

Appears in 8 contracts

Samples: Stock Purchase Agreement (Magnetek Inc), Asset Purchase Agreement (Infocrossing Inc), Exchange Agreement (Royster-Clark Nitrogen Realty LLC)

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 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 Trust 2006-17), Master Agreement (Lehman XS Trust Series 2005-1), Master Agreement (Lehman XS Trust Series 2005-1)

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 (Hanmi Financial Corp), Agreement and Plan of Merger (CB Financial Services, Inc.), Agreement and Plan of Merger (FedFirst 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 Investor Purchaser in the negotiation, administration, performance or enforcement hereof.

Appears in 7 contracts

Samples: Agreement and Plan of Reorganization (Camden Learning CORP), Registration Rights Agreement (China VantagePoint Acquisition Co), Registration Rights Agreement (National American University Holdings, 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, 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 (57th Street General Acquisition Corp), Registration Rights Agreement (HUGHES Telematics, 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 parties hereto in the negotiation, administration, performance or enforcement hereof.

Appears in 7 contracts

Samples: Registration Rights Agreement (Sidhu Special Purpose Capital Corp.), Registration Rights Agreement (Mistral Acquisition CO), Registration Rights Agreement (Trian Acquisition I 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 (Bank Street Telecom Funding Corp.), Registration Rights Agreement (Bank Street Telecom Funding Corp.), Registration Rights Agreement (MBF Healthcare 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 6 contracts

Samples: Agreement and Plan of Merger (NBT Bancorp Inc), Agreement and Plan of Merger (Fidelity Bankshares Inc), Agreement and Plan of Merger (Mystic 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 Stockholder in the negotiation, administration, performance or enforcement hereof.

Appears in 5 contracts

Samples: Registration Rights Agreement (SAExploration Holdings, Inc.), Registration Rights Agreement (BiomX Inc.), Piggy Back Registration Rights Agreement (PECK Co HOLDINGS, INC.)

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 (Berkshire Hills Bancorp Inc), Agreement and Plan of Merger (Beacon Federal Bancorp, Inc.), Agreement and Plan of Merger (Poage Bankshares, 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 5 contracts

Samples: Operating Agreement (Iron Bridge Mortgage Fund LLC), Operating Agreement (Iron Bridge Mortgage Fund, LLC), 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 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 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 (FlatWorld Acquisition Corp.), Registration Rights Agreement (FlatWorld Acquisition Corp.), Registration Rights Agreement (FlatWorld 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 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 (Third Wave Acquisition CORP), Registration Rights Agreement (Third Wave Acquisition CORP), Registration Rights Agreement (Global Consumer 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 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 (CU Bancorp), Agreement and Plan of Merger (CU Bancorp), Agreement and Plan of Merger (CU Bancorp)

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: Master Agreement (Accredited Home Lenders Holding Co), Master Agreement (Accredited Home Lenders Holding Co), Master Agreement (Accredited Home Lenders Holding Co)

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: Internet Banking and Bill Payment Agreement, Master Electronic Banking Service Agreement, Master Electronic Banking Service 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. [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 The respective parties hereto shall and they hereby irrevocably and unconditionally waives the right to a do waive trial by jury in any action, suit, proceeding or counterclaim brought by either of the parties hereto against the other (except for personal injury or other proceeding (whether based property damage) 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 4 contracts

Samples: Agreement of Purchase and Sale (PBSJ Corp /Fl/), Purchase Agreement and Joint Escrow Instructions (Carlyle Real Estate LTD Partnership Xvii), Purchase Agreement and Joint Escrow Instructions (JMB Income Properties LTD Xiii)

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 Shareholder in the negotiation, administration, performance or enforcement hereof.

Appears in 4 contracts

Samples: Registration Rights Agreement (Scienjoy Holding Corp), Registration Rights Agreement (Compass Group Diversified Holdings LLC), 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 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 Rights Agreement (Long Island Iced Tea Corp.), Registration and Stockholder Rights Agreement (Vincera Pharma, Inc.), Registration Rights Agreement (Staffmark Holdings, 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 or any NPS Investor in the negotiation, administration, performance or enforcement hereof.

Appears in 4 contracts

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

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 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 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: Registration Rights Agreement (Olayan Saudi Holding Co), Registration Rights Agreement (National Energy Services Reunited Corp.), Relationship 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 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 (Oceanaut, Inc.), Registration Rights Agreement (First Class Navigation 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. (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.)

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 (Resolute Energy Corp), Registration Rights Agreement (Spo Advisory 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 3 contracts

Samples: Form of Registration Rights Agreement (Horizon Technology Finance Corp), Registration Rights Agreement (OFS Capital, LLC), Registration Rights Agreement (Tortoise Energy Infrastructure 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 any Investor in the negotiation, administration, performance or enforcement hereof.

Appears in 3 contracts

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

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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 (CR Acquisition Corp.), Warrant Agreement (Third Wave Acquisition CORP), Warrant 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 Navios Holdings in the negotiation, administration, performance or enforcement hereof.

Appears in 3 contracts

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

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

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

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

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

Waiver of Trial by Jury. Each party hereby irrevocably of the Agent and unconditionally each Primary Party waives the all 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 (Oconee Financial Corp), Agency Agreement (Oconee 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 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 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 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 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 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 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 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 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 in the negotiation, administration, performance or enforcement hereof.. [Signatures appear on the following page]

Appears in 2 contracts

Samples: Form of Registration Rights Agreement (Freedom Acquisition Holdings, Inc.), 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 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 ​ US-DOCS\123786340.7 ​ 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 1 contract

Samples: Registration Rights Agreement (Science 37 Holdings, 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 Holder in the negotiation, administration, performance or enforcement hereof.

Appears in 1 contract

Samples: Registration Rights Agreement (Planvista Corp)

Waiver of Trial by Jury. Each party hereby irrevocably knowingly, voluntarily ------------------------ and unconditionally intentionally, upon consultation with its respective counsel, expressly and mutually waives the any right to a trial by jury in of any actionclaim, suitdemand, counterclaim action or other proceeding (whether based on contract, tort or otherwise) cause of action arising out of, connected with or relating to under 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: Escrow Agreement (Cybernet Internet Services International 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 Agreement, the transactions contemplated hereby, or the actions of the Sponsor, any Initial Investor or any Permitted Transferee in the negotiation, administration, performance or enforcement hereof.

Appears in 1 contract

Samples: Warrant Agreement (Liberty Lane Acquisition Corp.)

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 under, or in connection with this Agreement and any agreement contemplated to be executed in conjunction herewith, or relating to any course of conduct, course of dealing, statements or actions of th e parties. This provision is a material inducement for the parties entering 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: Internet Banking and Bill Payment Agreement

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, suitproceeding or counterclaim arising out of, counterclaim or other proceeding (in connection with, any Transaction Document or any matter arising thereunder whether based on sounding in 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 1 contract

Samples: Receivables Sale Agreement (Alliance One International, Inc.)

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally of the parties hereto waives the right to a jury trial by jury in connection with any action, suit, counterclaim action or other proceeding (whether based on contract, tort or otherwisea) arising out of, connected with or relating to seeking enforcement of such party’s rights under this Agreement, ; (b) concerning the transactions contemplated hereby, Debt Financing; or the actions of the Investor in the negotiation, administration, performance or enforcement hereof(c) involving any Financing Source.

Appears in 1 contract

Samples: Stock and Unit Purchase Agreement (Graham Packaging Holdings Co)

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally of the Parties waives the right to a jury trial by jury in connection with any suit, action or proceeding seeking enforcement of such Party’s rights under this Agreement or in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, way connected with or relating related or incidental to the dealings of the Parties in respect of this Agreement, Agreement or any of the transactions contemplated herebyrelated hereto, in each case, whether or the actions of the Investor existing or hereafter arising, and whether in the negotiationcontract, administrationtort, performance equity or enforcement hereofotherwise.

Appears in 1 contract

Samples: Stock Purchase Agreement (Accuride 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 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 1 contract

Samples: Form of Registration Rights Agreement (Atlas Acquisition Holdings 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, 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 of the Parties hereby irrevocably and unconditionally waives the right to a trial by jury in any actionand all actions or proceedings in any court, suitwhether the same is between them or to which they may be Parties, counterclaim or other proceeding (and whether based on contract, tort or otherwise) arising out of, connected with under, or relating to by reason of this Agreement, or any acts or transactions hereunder or the transactions contemplated herebyinterpretation or validity thereof, or the actions out of, under or by reason of the Investor in the negotiationany other contract, administrationagreement or transaction of any kind, performance nature or enforcement hereofdescription whatsoever, whether between them or to which they may be Parties.

Appears in 1 contract

Samples: static1.squarespace.com

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