New York County Uses in Waiver of Jury Trial Clause

Waiver of Jury Trial from Termination Agreement

This CALL OPTION AND WARRANT TERMINATION AGREEMENT (this Termination Agreement) is made as of January 8, 2017 between JPMorgan Chase Bank, National Association, London Branch (Dealer) and ARIAD Pharmaceuticals, Inc. (Counterparty), a Delaware corporation.

Waiver of Jury Trial. Each party waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in respect of any suit, action or proceeding relating to this Termination Agreement. Each party (i) certifies that no representative, agent or attorney of any other party has represented, expressly or otherwise, that such other party would not, in the event of such a suit, action or proceeding, seek to enforce the foregoing waiver and (ii) acknowledges that it and each other party have been induced to enter into this Termination Agreement by, among other things, the mutual waivers and certifications provided herein.

WAIVER OF JURY TRIAL from Asset Based Revolving Credit Agreement

This ASSET-BASED REVOLVING CREDIT AGREEMENT dated as of July 15, 2016 (this Agreement), is by and among VERSO PAPER FINANCE HOLDINGS LLC, a Delaware limited liability company (Holdings), VERSO PAPER HOLDINGS LLC, a Delaware limited liability company (the Borrower), EACH OF THE SUBSIDIARY LOAN PARTIES party hereto, the LENDERS party hereto from time to time, WELLS FARGO BANK, NATIONAL ASSOCIATION (Wells Fargo), as administrative agent for the Lenders (in such capacity, the Administrative Agent), BARCLAYS BANK PLC, as syndication agent (in such capacity, the Syndication Agent), CITIZENS BANK, NATIONAL ASSOCIATION, REGIONS BANK N.A. and SUNTRUST BANK, as documentation agents (in such capacity, the Documentation Agents), and WELLS FARGO BANK, NATIONAL ASSOCIATION, BARCLAYS BANK PLC, CITIZENS BANK, NATIONAL ASSOCIATION, REGIONS BANK N.A. and SUNTRUST ROBINSON HUMPHREY, INC., as joint lead arrangers and joint book runners (in such capacity, the Joint Lead Arrangers).

WAIVER OF JURY TRIAL. EACH PARTY HERETO HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY OF THE OTHER LOAN DOCUMENTS. EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER, AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS, AS APPLICABLE, BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 10.11.

Waiver of Jury Trial from Stock Purchase Agreement

This STOCK PURCHASE AGREEMENT, dated as of March 23, 2016 (this Agreement), is entered into by and between MICROSEMI CORPORATION, a Delaware corporation (Seller), and MERCURY SYSTEMS, INC., a Massachusetts corporation (Buyer). All capitalized terms used in this Agreement shall have the respective meanings assigned to such terms in Article XIV.

Waiver of Jury Trial. EACH PARTY HERETO HEREBY WAIVES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT (INCLUDING IN CONNECTION WITH THE DEBT FINANCING UNDER THE DEBT FINANCING COMMITMENT). EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THAT FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT, BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 15.14.

Waiver of Jury Trial from Escrow Agreement

This ESCROW AGREEMENT (this "Agreement") is made and entered into as of [*], 2016, by and among: (i) DT Asia Investments Limited, a business company incorporated in the British Virgin Islands, which will be known after the consummation of the transactions contemplated by the Share Exchange Agreement (as defined below) as "China Direct Lending Corporation" ("Purchaser"); (ii) Li Jingping, an individual residing in the Xinjiang Province in the People's Republic of China, in the capacity as the Seller Representative under the Share Exchange Agreement (including any successor Seller Representative appointed pursuant to and in accordance with Section 12.15 of the Share Exchange Agreement, the "Seller Representative"); and (iii) Continental Stock Transfer & Trust Company, as escrow agent (the "Escrow Agent"). Capitalized terms used herein but not otherwise defined herein shall have the meaning given to such terms in the Share Exchange Agreement.

Waiver of Jury Trial. EACH PARTY HEREBY WAIVES THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY IN ANY LITIGATION, CLAIM, CAUSE OF ACTION OR OTHER LEGAL PROCEEDING BASED UPON OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, IN ANY ACTION, PROCEEDING OR OTHER LITIGATION OF ANY TYPE BROUGHT BY ANY OF THE PARTIES HERETO AGAINST ANY OTHER PARTY OR PARTIES, WHETHER WITH RESPECT TO CONTRACT CLAIMS, TORT CLAIMS, OR OTHERWISE. THE PARTIES HERETO EACH AGREE THAT ANY SUCH LITIGATION, CLAIM, CAUSE OF ACTION OR OTHER LEGAL PROCEEDING SHALL BE TRIED BY A COURT TRIAL WITHOUT A JURY. WITHOUT LIMITING THE FOREGOING, THE PARTIES HERETO FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION OF THIS SECTION AS TO ANY ACTION, COUNTERCLAIM OR OTHER PROCEEDING WHICH SEEKS, IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT OR ANY PROVISION HEREOF. THIS WAIVER SHALL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO THIS AGREEMENT.

WAIVER OF JURY TRIAL from Master Accounts Receivable Purchase Agreement

SECOND AMENDED AND RESTATED MASTER ACCOUNTS RECEIVABLE PURCHASE AGREEMENT, dated as of October 1, 2015 (as amended, restated, supplemented or otherwise modified from time to time, this "Agreement"), among CSC GOVERNMENT SOLUTIONS LLC, a Nevada limited liability company ("CSC Solutions"), COMPUTER SCIENCES CORPORATION, a Nevada corporation ("CSC") and each Additional Seller (as defined below) that becomes a party hereto (each, a "Seller", and collectively, the "Sellers"), each PURCHASER party hereto and THE BANK OF TOKYO-MITSUBISHI UFJ, LTD., NEW YORK BRANCH ("BTMUNY"), as administrative agent for the Purchasers (the "Administrative Agent").

WAIVER OF JURY TRIAL. EACH SELLER, THE ADMINISTRATIVE AGENT AND EACH PURCHASER HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER THIS AGREEMENT, ANY OTHER PURCHASE DOCUMENT OR ANY APPLICATION, INSTRUMENT, DOCUMENT, AMENDMENT OR AGREEMENT DELIVERED OR WHICH MAY IN THE FUTURE BE DELIVERED IN CONNECTION HEREWITH OR THEREWITH OR ARISING FROM ANY BANKING RELATIONSHIP EXISTING IN CONNECTION WITH THIS AGREEMENT AND THE OTHER PURCHASE DOCUMENTS, AND AGREES THAT ANY SUCH ACTION OR PROCEEDING SHALL BE TRIED BEFORE A COURT AND NOT BEFORE A JURY.

WAIVER OF JURY TRIAL from Collateral Agreement

COLLATERAL AGREEMENT dated as of May 2, 2014 (this Agreement), among IGLOO INTERMEDIATE CORPORATION, INTERACTIVE DATA CORPORATION, the other GRANTORS party hereto and BANK OF AMERICA, N.A., as Collateral Agent (in such capacity and together with successors in such capacity, the Collateral Agent).

WAIVER OF JURY TRIAL. EACH PARTY HERETO HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT, ANY OTHER LOAN DOCUMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 5.10.

WAIVER OF JURY TRIAL from Debtor in Possession Credit Agreement

SUPERPRIORITY SECURED DEBTOR-IN-POSSESSION CREDIT AGREEMENT dated as of August 6, 2015 (this Agreement), among ALPHA NATURAL RESOURCES, INC., a Delaware corporation and a Debtor and Debtor-in-Possession under Chapter 11 of the Bankruptcy Code (the Borrower), the SUBSIDIARY GUARANTORS party hereto from time to time, each a Debtor and Debtor-in-Possession under Chapter 11 of the Bankruptcy Code, the LENDERS party hereto from time to time, the ISSUING BANKS party hereto from time to time, CITIBANK, N.A., as administrative agent (in such capacity, the Administrative Agent) and as collateral agent (in such capacity, the Collateral Agent) for the Lenders, and CITIGROUP GLOBAL MARKETS INC., as sole lead arranger and sole book manager (in such capacity, the Lead Arranger).

WAIVER OF JURY TRIAL. EACH PARTY HERETO HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY OF THE OTHER LOAN DOCUMENTS. EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS, AS APPLICABLE, BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 11.11.

Waiver of Jury Trial from Agreement

THIS RATE CAP AGREEMENT (this Agreement) is dated as of July 8, 2015 between Wells Fargo Bank, National Association (the Seller) and ATAX TEBS III, LLC (the Buyer), whereby the parties agree as follows:

Waiver of Jury Trial. Each of the Buyer and the Seller, respectively, hereby waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in respect of any suit, action or proceeding relating to this Agreement or any Credit Support Document. Each of the Buyer and the Seller (i) certifies that no representative, agent or attorney of the other party or any Credit Support Provider has represented, expressly or otherwise, that such other party would not, in the event of such suit, action or proceeding, seek to enforce the foregoing waiver and (ii) acknowledges that it and the other party have been induced to enter into this Agreement and provide for any Credit Support Document, as applicable, by, among other things, the mutual waivers and certifications in this Section.

Waiver of Jury Trial from Convertible Note

FOR VALUE RECEIVED, Green Ballast, Inc., a Delaware corporation (the "Company"), hereby unconditionally promises to pay to the order of J. Kevin Adams (the "Holder"), having an address at 2620 Thousand Oaks Boulevard, Suite 4000, Memphis, TN 38118, at such address or at such other place as may be designated in writing by the Holder, or its permitted assigns, the aggregate principal sum of Seventy Thousand and No/100 United States Dollars ($70,000.00), together with interest from the date set forth above on the unpaid principal balance of this Note outstanding at a rate equal to twelve percent (12.0%) (computed on the basis of the actual number of days elapsed in a 360-day year) per annum and continuing on the outstanding principal until this 12% Convertible Note (the "Note") is indefeasibly and irrevocably paid in full by the Company or converted as provided in Section 4 hereof. The principal of this Note and all accrued and unpaid interest hereon shall mature and become due and payab

Waiver of Jury Trial. THE COMPANY HEREBY WAIVES ITS RIGHT TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR BASED UPON THIS NOTE OR ANY CONTEMPLATED TRANSACTION, INCLUDING CONTRACT, TORT, BREACH OF DUTY AND ALL OTHER CLAIMS. THE COMPANY HAS REVIEWED THIS WAIVER WITH ITS COUNSEL.

Waiver of Jury Trial from Convertible Note

FOR VALUE RECEIVED, Green Ballast, Inc., a Delaware corporation (the "Company"), hereby unconditionally promises to pay to the order of J. Kevin Adams (the "Holder"), having an address at 2620 Thousand Oaks Boulevard, Suite 4000, Memphis, TN 38118, at such address or at such other place as may be designated in writing by the Holder, or its permitted assigns, the aggregate principal sum of Thirty Thousand and No/100 United States Dollars ($30,000.00), together with interest from the date set forth above on the unpaid principal balance of this Note outstanding at a rate equal to twelve percent (12.0%) (computed on the basis of the actual number of days elapsed in a 360-day year) per annum and continuing on the outstanding principal until this 12% Convertible Note (the "Note") is indefeasibly and irrevocably paid in full by the Company or converted as provided in Section 4 hereof. The principal of this Note and all accrued and unpaid interest hereon shall mature and become due and payabl

Waiver of Jury Trial. THE COMPANY HEREBY WAIVES ITS RIGHT TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR BASED UPON THIS NOTE OR ANY CONTEMPLATED TRANSACTION, INCLUDING CONTRACT, TORT, BREACH OF DUTY AND ALL OTHER CLAIMS. THE COMPANY HAS REVIEWED THIS WAIVER WITH ITS COUNSEL.