Common use of Waiver of Jury Trial Clause in Contracts

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT.

Appears in 450 contracts

Samples: Employment Agreement (NCL CORP Ltd.), Employment Agreement (Norwegian Cruise Line Holdings Ltd.), Employment Agreement (NCL CORP Ltd.)

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Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT.

Appears in 275 contracts

Samples: Registration Rights Agreement (Newmark Group, Inc.), Underwriting Agreement (Navient Corp), Registration Rights Agreement (BGC Partners, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, LEGAL PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENTAGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Appears in 134 contracts

Samples: Promotion Agreement (Liquidia Corp), Co Promotion Agreement (Tyme Technologies, Inc.), Co Promotion Agreement (Eagle Pharmaceuticals, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR THE ACTIONS OF ANY PARTY HERETO IN NEGOTIATION, ADMINISTRATION, PERFORMANCE OR ENFORCEMENT HEREOF.

Appears in 108 contracts

Samples: Agreement and Plan of Merger (Landos Biopharma, Inc.), Agreement and Plan of Merger (Victory Oilfield Tech, Inc.), Voting Agreement and Irrevocable Proxy (Toghraie Jeff)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, LEGAL PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENTAGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Appears in 81 contracts

Samples: Registration Rights Agreement (Grupo Aeromexico, S.A.B. De C.V.), Registration Rights Agreement (Grupo Aeromexico, S.A.B. De C.V.), Share Exchange Agreement (Sigma Additive Solutions, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES PARTY HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, LEGAL PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENTAGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Appears in 64 contracts

Samples: Agreement and Plan of Merger (Ambit Biosciences Corp), Agreement and Plan of Merger (Cubist Pharmaceuticals Inc), Agreement and Plan of Merger (Trius Therapeutics Inc)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENTAGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Appears in 59 contracts

Samples: Agreement and Plan of Merger (CERNER Corp), Agreement and Plan of Merger (Cable One, Inc.), Agreement and Plan of Merger

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT.

Appears in 58 contracts

Samples: ] Indemnification Agreement (ENDI Corp.), Indemnification Agreement (RadNet, Inc.), Confidential Treatment (Kadmon Holdings, LLC)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, LEGAL PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENTAGREEMENT OR THE TRANSACTIONS.

Appears in 44 contracts

Samples: Asset Purchase Agreement (Six15 Technologies Holding Corp.), Agreement and Plan of Merger (Renewable Energy Group, Inc.), Asset Purchase Agreement

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENTAGREEMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY.

Appears in 38 contracts

Samples: Agreement and Plan of Merger (CERNER Corp), Tender and Support Agreement (AutoWeb, Inc.), Tender and Support Agreement

Waiver of Jury Trial. EACH OF THE PARTIES PARTY HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTIONPROCEEDING (WHETHER BASED IN CONTRACT, PROCEEDING TORT OR COUNTERCLAIM OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR ANY TRANSACTION OR AGREEMENT CONTEMPLATED HEREBY OR THE ACTIONS OF ANY PARTY HERETO IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE OR ENFORCEMENT HEREOF.

Appears in 31 contracts

Samples: Master Equity Agreement (INVACARE HOLDINGS Corp), Stock Purchase Agreement (Wayside Technology Group, Inc.), Agreement of Merger (BridgeBio Pharma, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, LEGAL PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENTAGREEMENT AND THE TRANSACTIONS CONTEMPLATED HEREBY.

Appears in 31 contracts

Samples: Share Exchange Agreement (Active Health Foods, Inc.), Share Exchange Agreement (Eco Innovation Group, Inc.), Share Exchange Agreement (Marijuana Co of America, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, LEGAL PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENT.

Appears in 29 contracts

Samples: Employment Agreement (NorthEast Community Bancorp, Inc./Md/), Employment Agreement (NorthEast Community Bancorp, Inc./Md/), Employment Agreement (NorthEast Community Bancorp, Inc./Md/)

Waiver of Jury Trial. EACH OF THE PARTIES PARTY HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTIONPROCEEDING (WHETHER BASED ON CONTRACT, PROCEEDING TORT OR COUNTERCLAIM OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR ANY TRANSACTION OR AGREEMENT CONTEMPLATED HEREBY OR THE ACTIONS OF ANY PARTY HERETO IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE OR ENFORCEMENT HEREOF.

Appears in 26 contracts

Samples: Asset Purchase Agreement (Green Plains Inc.), Agreement and Plan of Merger and Reorganization (Epoch Biosciences Inc), Stock Option Agreement (Somatix Therapy Corporation)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY EXPRESSLY WAIVES ALL THE RIGHT TO TRIAL BY JURY IN RESOLVING ANY ACTION, PROCEEDING CLAIM OR COUNTERCLAIM RELATING TO OR ARISING OUT OF OR RELATING TO THIS ESCROW AGREEMENT.

Appears in 26 contracts

Samples: Escrow Agreement (CCSC Technology International Holdings LTD), Escrow Agreement (U Power LTD), Escrow Agreement (Prestige Wealth Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREBY OR THE ACTIONS OF ANY OF THE PARTIES IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE AND ENFORCEMENT OF THIS AGREEMENT.

Appears in 20 contracts

Samples: Stockholders’ Agreement (First Interstate Bancsystem Inc), Stockholders’ Agreement (First Interstate Bancsystem Inc), Shareholder Agreement (SB/RH Holdings, LLC)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR ANY OTHER DOCUMENT.

Appears in 16 contracts

Samples: Convertible Preferred Securities Agreement (Ecology Coatings, Inc.), Convertible Preferred Securities Agreement (Ecology Coatings, Inc.), Securities Purchase Agreement (Capital Trust Inc)

Waiver of Jury Trial. EACH OF THE PARTIES PARTY HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENTANY OF THE LOAN DOCUMENTS OR THE TRANSACTIONS CONTEMPLATED THEREBY.

Appears in 15 contracts

Samples: Credit Agreement (Federal Mogul Corp), Credit Agreement (Smurfit Stone Container Corp), Credit and Guaranty Agreement (Federal Mogul Corp)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO PARTY HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT.

Appears in 13 contracts

Samples: Loan Guarantee Agreement (Georgia Power Co), Construction Completion Agreement (Mississippi Power Co), Procurement and Construction Agreement (South Carolina Electric & Gas Co)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR THE ACTIONS OF THE PARTIES HERETO IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE AND ENFORCEMENT THEREOF.

Appears in 13 contracts

Samples: Merger Agreement (Corel Corp), Proxy and Voting Agreement (Corel Corp), Stock Purchase Agreement (Gbi Capital Management Corp)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM LITIGATION BETWEEN THE PARTIES HERETO ARISING OUT OF OR RELATING TO THIS AGREEMENT.

Appears in 13 contracts

Samples: And Confidentiality Agreement, Securities Purchase Agreement (FC Global Realty Inc), Assignment and Assumption Agreement (Photomedex Inc)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY Each of the parties hereby IRREVOCABLY WAIVES ALL RIGHT TO A TRIAL BY JURY IN ANY ACTIONin any action, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENTproceeding or counterclaim arising out of or relating to this Amendment, any other transaction document or any instrument or document delivered hereunder or thereunder.

Appears in 11 contracts

Samples: Pooling and Servicing Agreement (Contisecurities Asset Funding Corp), Pooling and Servicing Agreement (Contifinancial Corp), Pooling and Servicing Agreement (Contisecurities Asset Funding Corp)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY KNOWINGLY AND VOLUNTARILY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT.

Appears in 11 contracts

Samples: Form of Services Agreement, Services Agreement (Arc Logistics Partners LP), Services Agreement (Arc Logistics Partners LP)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HERBY OR THE ACTIONS OF THE PARTIES IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE AND ENFORCEMENT OF THIS AGREEMENT.

Appears in 11 contracts

Samples: Preferred Stock Exchange Agreement (Restaurant Brands International Inc.), Stock Exchange Agreement, Preferred Share Exchange Agreement (Newhouse Broadcasting Corp)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN AND ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR THE ACTIONS OF ANY PARTY HERETO IN NEGOTIATION, ADMINISTRATION, PERFORMANCE OR ENFORCEMENT HEREOF.

Appears in 10 contracts

Samples: Membership Interest Purchase Agreement, Acquisition Agreement (Adc Telecommunications Inc), Asset Transfer Agreement (Corio Inc)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR THE ACTIONS OF ANY PARTY IN THE NEGOTIATION, PERFORMANCE OR ENFORCEMENT HEREOF.

Appears in 10 contracts

Samples: Stock Purchase Agreement (Global Secure Corp.), Escrow Agreement (Advanced Power Technology Inc), Put Agreement (Charter Communications Inc /Mo/)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT.. * * * * *

Appears in 10 contracts

Samples: Employment Agreement, Employment Agreement (PQ Systems INC), Employment Agreement (Pq Corp)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, LEGAL PROCEEDING OR COUNTERCLAIM BROUGHT BY ANY PARTY HERETO ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENTAGREEMENT OR THE TRANSACTION.

Appears in 8 contracts

Samples: Combination Agreement (Taylor & Martin Group Inc), Combination Agreement (Taylor & Martin Group Inc), Combination Agreement (Taylor & Martin Group Inc)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, LEGAL PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENTAGREEMENT OR THE CONFIDENTIALITY AGREEMENT OR BY THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.

Appears in 8 contracts

Samples: Stock and Asset Purchase Agreement (Cardiome Pharma Corp), Agreement and Plan of Merger (Spherion Corp), Agreement and Plan of Merger (Texas Market Tire, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL ITS RIGHT TO A JURY TRIAL BY JURY IN OF ANY ACTION, PROCEEDING CLAIM OR COUNTERCLAIM CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS AGREEMENT OR ANY DEALINGS BETWEEN THE PARTIES HERETO RELATING TO THIS AGREEMENTTHE SUBJECT MATTER HEREOF.

Appears in 8 contracts

Samples: Amended and Restated (Otelco Inc.), Amended and Restated (Otelco Inc.), Employment Agreement (Otelco Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, LEGAL PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENTAGREEMENT OR THE CONTEMPLATED TRANSACTIONS.

Appears in 7 contracts

Samples: Asset Transfer Agreement (Cannabis Suisse Corp.), Stock Purchase Agreement (Xerox Corp), Stock Purchase and Transaction Agreement (CM Finance Inc)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ACTION ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENTAGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Appears in 7 contracts

Samples: Asset Purchase Agreement (Generation Hemp, Inc.), Litigation Escrow Agreement (Trump Media & Technology Group Corp.), Litigation Escrow Agreement (Trump Media & Technology Group Corp.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ACTION ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENTAGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Appears in 7 contracts

Samples: Restrictive Covenant Agreement (Summit Materials, LLC), Stock Purchase Agreement (PLBY Group, Inc.), Asset Purchase Agreement (Scott's Liquid Gold - Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OF, OR RELATING TO TO, THIS AGREEMENT.

Appears in 7 contracts

Samples: Employment Agreement (Aep Industries Inc), Employment Agreement (Aep Industries Inc), Employment Agreement (Aep Industries Inc)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, LEGAL ACTION OR PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Appears in 7 contracts

Samples: Agreement and Plan of Merger (Ivanhoe Energy Inc), Voting Agreement (Silver Point Capital Management, L.L.C.), Voting Agreement (Ivanhoe Energy Inc)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT.AGREEMENT OR ANY OTHER DOCUMENT. * * * * *

Appears in 6 contracts

Samples: Agreement and Plan of Merger (Opus360 Corp), Securities Purchase Agreement (Opus360 Corp), Securities Purchase Agreement (La Petite Academy Inc)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL ITS, HIS OR HER RIGHT TO A JURY TRIAL BY JURY IN OF ANY ACTION, PROCEEDING CLAIM OR COUNTERCLAIM CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS AGREEMENT OR ANY DEALINGS BETWEEN THE PARTIES HERETO RELATING TO THIS AGREEMENTTHE SUJBECT MATTER HEREOF.

Appears in 6 contracts

Samples: Registration Rights Agreement (Opus360 Corp), Partner Registration Rights Agreement (Opus360 Corp), Registration Rights Agreement (Opus360 Corp)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING PROCEEDING, OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY.

Appears in 6 contracts

Samples: Related Agreement (Agilent Technologies Inc), Related Agreement (Agilent Technologies Inc), Related Agreement (Agilent Technologies Inc)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO TO THIS INTERCREDITOR AGREEMENT HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENTINTERCREDITOR AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Appears in 6 contracts

Samples: Credit Agreement (Pulte Homes Inc/Mi/), Intercreditor and Subordination Agreement (Pulte Homes Inc/Mi/), Intercreditor and Subordination Agreement (Abacoa Homes Inc)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, ACTION OR PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENTAGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (American Residential Properties, Inc.), Voting Agreement (American Residential Properties, Inc.), Voting Agreement (American Homes 4 Rent)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT RIGHTS TO A TRIAL BY JURY IN ANY ACTION, ACTION OR PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (Zevra Therapeutics, Inc.), Agreement and Plan of Merger (Acer Therapeutics Inc.), Agreement and Plan of Merger (AquaVenture Holdings LTD)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING AGAINST OUT OF OR RELATING TO THE PLAN OR THIS AGREEMENTRESTRICTED STOCK AWARD AGREEMENT (INCLUDING THESE TERMS).

Appears in 5 contracts

Samples: Restricted Stock Award Agreement (Francesca's Holdings CORP), Restricted Stock Award Agreement (Francesca's Holdings CORP), Restricted Stock Award Agreement (Francesca's Holdings CORP)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING AGAINST OUT OF OR RELATING TO THE PLAN OR THIS AGREEMENTOPTION AGREEMENT (INCLUDING THESE TERMS).

Appears in 5 contracts

Samples: Nonqualified Stock Option Agreement (Francesca's Holdings CORP), Nonqualified Stock Option Agreement (Francesca's Holdings CORP), Nonqualified Stock Option Agreement (Francesca's Holdings CORP)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN AND ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR ANY OTHER RELEVANT MATTER.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (Lumentum Holdings Inc.), Agreement and Plan of Merger (Thorne Healthtech, Inc.), Agreement and Plan of Reorganization (Sarcos Technology & Robotics Corp)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENTAMENDMENT OR ANY OTHER LOAN DOCUMENT.

Appears in 5 contracts

Samples: Credit Agreement, Credit Agreement (Landrys Restaurants Inc), Lien Credit Agreement (Landrys Restaurants Inc)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTIONACTION BASED UPON, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENT.

Appears in 5 contracts

Samples: Exchange and Support Agreement (Estre Ambiental, Inc.), Exchange and Support Agreement (Estre Usa Inc.), Exchange and Support Agreement (Yatra Online, Inc.)

Waiver of Jury Trial. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW EACH OF THE PARTIES HERETO PARTY HEREBY IRREVOCABLY WAIVES ALL RIGHT TO OF TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO IN CONNECTION WITH THIS AGREEMENTAGREEMENT OR ANY MATTER ARISING HEREUNDER.

Appears in 5 contracts

Samples: Secret License Agreement, , and Trade Secret License Agreement (Arconic Inc.), , and Trade Secret License Agreement (Alcoa Corp)

Waiver of Jury Trial. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW EACH OF THE PARTIES HERETO PARTY HEREBY IRREVOCABLY WAIVES ALL RIGHT TO OF TRIAL BY JURY IN ANY ACTION, PROCEEDING PROCEEDING, CLAIM, OR COUNTERCLAIM ARISING OUT OF OF, OR RELATING TO IN CONNECTION WITH, THIS AGREEMENTAGREEMENT OR ANY MATTER ARISING HEREUNDER.

Appears in 4 contracts

Samples: Secret License Agreement (Howmet Aerospace Inc.), Secret License Agreement (Howmet Aerospace Inc.), Secret License Agreement (Arconic Rolled Products Corp)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ACTION ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENT, ANY OTHER TRANSACTION DOCUMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.

Appears in 4 contracts

Samples: Purchase Agreement (Lowell Farms Inc.), Asset Purchase Agreement (Lowell Farms Inc.), Purchase Agreement

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY.

Appears in 4 contracts

Samples: Voting Agreement (Terra Secured Income Fund 5, LLC), Voting Agreement (Terra Property Trust, Inc.), Voting Agreement (Terra Property Trust, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENTAGREEMENT CONTEMPLATED HEREBY.

Appears in 4 contracts

Samples: Voting Agreement (Armata Pharmaceuticals, Inc.), Voting Agreement (Armata Pharmaceuticals, Inc.), Voting Agreement (Armata Pharmaceuticals, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL THE RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING PROCEEDING, CLAIM OR COUNTERCLAIM BROUGHT BY OR ON BEHALF OF ANY PARTY RELATED TO OR ARISING OUT OF OR RELATING TO THIS AGREEMENTCOMMITMENT LETTER.

Appears in 4 contracts

Samples: Existing Credit Agreement (Waitr Holdings Inc.), Assignment and Assumption Agreement (Edelman Financial Group Inc.), CKX, Inc.

Waiver of Jury Trial. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO OF TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO IN CONNECTION WITH THIS AGREEMENTAGREEMENT OR ANY MATTER ARISING HEREUNDER.

Appears in 4 contracts

Samples: Equity Purchase Agreement (Hicks Acquisition CO II, Inc.), Equity Purchase Agreement (Paperweight Development Corp), Exchange and Support Agreement (57th Street General Acquisition Corp)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO A TRIAL BY JURY IN ANY ACTION, LEGAL PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENTAGREEMENT OR THE MATTERS CONTEMPLATED HEREBY.

Appears in 4 contracts

Samples: Severance Agreement (Verso Corp), Severance Agreement (Verso Corp), Severance Agreement (Verso Corp)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENTTHE AGREEMENT OR THE PERFORMANCE OR ENFORCEMENT THEREOF.

Appears in 4 contracts

Samples: Registration Rights Agreement (Bay Bancorp, Inc.), Registration Rights Agreement (Bay Bancorp, Inc.), Securities Purchase Agreement (Bay Bancorp, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ACTION ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENTAGREEMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY.

Appears in 4 contracts

Samples: Tender and Support Agreement, Tender and Support Agreement (CardConnect Corp.), Tender and Support Agreement (CardConnect Corp.)

Waiver of Jury Trial. AGENT AND EACH OF THE PARTIES HERETO GRANTOR HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR ANY INSTRUMENT OR DOCUMENT DELIVERED THEREUNDER.

Appears in 4 contracts

Samples: Security and Pledge Agreement (School Specialty Inc), Security and Pledge Agreement (School Specialty Inc), Security and Pledge Agreement (School Specialty Inc)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING RELATING TO OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENTGUARANTY.

Appears in 4 contracts

Samples: Guaranty (Avangrid, Inc.), Credit Agreement (Avangrid, Inc.), Guaranty (Avangrid, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR ANY OTHER DOCUMENT.

Appears in 3 contracts

Samples: Registration Rights Agreement (E2open Parent Holdings, Inc.), Membership Interest Purchase Agreement (E2open Parent Holdings, Inc.), Note Purchase Agreement (Champions Oncology, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT.. EXECUTION VERSION

Appears in 3 contracts

Samples: Employment Agreement (Covalence Specialty Adhesives LLC), Employment Agreement (Covalence Specialty Adhesives LLC), Employment Agreement (Covalence Specialty Adhesives LLC)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, LEGAL PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENT, ANY OTHER NOTE DOCUMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.

Appears in 3 contracts

Samples: Guarantee and Collateral Agreement (Vacasa, Inc.), Securities Purchase (Paycom Software, Inc.), Securities Purchase (Paycom Software, Inc.)

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Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENTCONTEMPLATED BY SECTION 10 HEREOF.

Appears in 3 contracts

Samples: www.sec.gov, Limited Guarantee (Graftech International LTD), Limited Guarantee (Graftech International LTD)

Waiver of Jury Trial. EACH OF THE BOTH PARTIES HERETO TO THIS AGREEMENT HEREBY IRREVOCABLY WAIVES WAIVE ANY AND ALL RIGHT TO ANY TRIAL BY JURY IN ANY ACTION, ACTION OR PROCEEDING ARISING DIRECTLY OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENTINDIRECTLY HEREUNDER.

Appears in 3 contracts

Samples: Ge Capital Fleet Services    Master Lease Agreement (Inspire Pharmaceuticals Inc), Lease Agreement (Prosource Inc), Lease Agreement (Eagle Geophyical Inc)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL, INCLUDING TRIAL BY JURY JURY, IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT.

Appears in 3 contracts

Samples: Employment Agreement (RBS Global Inc), Employment Separation and General Release Agreement (RBS Global Inc), Employment Separation and General Release Agreement (RBS Global Inc)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR ANY OTHER DOCUMENT RELATED HERETO.

Appears in 3 contracts

Samples: Registration Rights Agreement (World Waste Technologies Inc), Registration Rights Agreement (World Waste Technologies Inc), Securities Purchase Agreement (World Waste Technologies Inc)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, LEGAL PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENTAGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Appears in 3 contracts

Samples: Investors’ Rights Agreement (Strategic Storage Trust VI, Inc.), Investor Rights Agreement (Watermark Lodging Trust, Inc.), Investors’ Rights Agreement (SmartStop Self Storage REIT, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, LEGAL PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENTAGREEMENT OR THE PURCHASE AND SALE OF THE PURCHASED SHARES.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Matrix Geophysical, Inc.), Stock Purchase Agreement (Seitel Inc), Stock Purchase Agreement (Matrix Geophysical, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, LEGAL PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENT., THE RELATED AGREEMENTS OR THE TRANSACTIONS CONTEMPLATED HEREBY AND THEREBY

Appears in 3 contracts

Samples: Contribution Agreement (OncBioMune Pharmaceuticals, Inc), www.sec.gov, Contribution Agreement (OncBioMune Pharmaceuticals, Inc)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO PARTY HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Cinedigm Corp.), Strategic Supply Agreement (Kindred Biosciences, Inc.), Stock Purchase Agreement (Cinedigm Corp.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING ACTION OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT.

Appears in 2 contracts

Samples: Settlement and Release Agreement, Settlement and Release Agreement (Yahoo Inc)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO TO THIS LETTER HEREBY IRREVOCABLY WAIVES ALL RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENTLETTER OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Builders FirstSource, Inc.), JLL Building Holdings, LLC

Waiver of Jury Trial. EACH OF THE PARTIES HERETO PARTY HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, CLAIM, SUIT, LITIGATION OR OTHER PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENT.

Appears in 2 contracts

Samples: Stock Purchase Agreement, Stock Purchase Agreement (LRAD Corp)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO PARTY HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR OTHER LEGAL PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Appears in 2 contracts

Samples: Registration Rights Agreement (Party City Holdco Inc.), Registration Rights Agreement (DIEBOLD NIXDORF, Inc)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT.AGREEMENT OR THE ACTIONS OF THE PARTIES IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE AND ENFORCEMENT HEREOF

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Mediconsult Com Inc), Agreement and Plan of Merger (Andrx Corp /De/)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN AND ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENTANY RELEVANT MATTER.

Appears in 2 contracts

Samples: Merger Agreement (F5 Networks, Inc.), Merger Agreement (F5 Networks Inc)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT.. ​

Appears in 2 contracts

Samples: Employment Agreement (Norwegian Cruise Line Holdings Ltd.), Employment Agreement (NCL CORP Ltd.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT.AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. [SIGNATURE PAGES FOLLOW]

Appears in 2 contracts

Samples: Equity Purchase Agreement (Macrovision Solutions CORP), Equity Purchase Agreement (Macrovision Solutions CORP)

Waiver of Jury Trial. EACH OF THE PARTIES PARTY HERETO HEREBY -------------------- IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENTANY OF THE LOAN DOCUMENTS OR THE TRANSACTIONS CONTEMPLATED THEREBY.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Bethlehem Steel Corp /De/), Credit and Guaranty Agreement (Bethlehem Steel Corp /De/)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO PARTY HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY RELATED AGREEMENT.

Appears in 2 contracts

Samples: Stock Distribution Agreement (Spirit Airlines, Inc.), Stock Distribution Agreement (Indigo Miramar LLC)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM LITIGATION ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Appears in 2 contracts

Samples: Membership Interest Purchase Agreement (Klondex Mines LTD), Membership Interest Purchase Agreement (Klondex Mines LTD)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING AGAINST OUT OF OR RELATING TO THE PLAN OR THIS AGREEMENTPERFORMANCE STOCK AWARD AGREEMENT (INCLUDING THESE TERMS).

Appears in 2 contracts

Samples: Performance Stock Award Agreement (Francesca's Holdings CORP), Performance Stock Award Agreement (Francesca's Holdings CORP)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Appears in 2 contracts

Samples: Voting and Support Agreement (Embark Technology, Inc.), Voting and Support Agreement (Embark Technology, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS SERVICING AGREEMENT.

Appears in 2 contracts

Samples: Premium Receivable Servicing Agreement (21st Century Holding Co), Premium Receivable Servicing Agreement (Hallmark Financial Services Inc)

Waiver of Jury Trial. EACH OF THE PARTIES PARTY HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR THE TRANSACTIONS.

Appears in 2 contracts

Samples: Option Agreement (Credit Suisse First Boston Usa Inc), Option Agreement (Pmi Group Inc)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Appears in 2 contracts

Samples: Intercreditor Agreement (Green Field Energy Services, Inc.), Intercreditor Agreement (Green Field Energy Services, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS LETTER AGREEMENT, THE ACTIONS CONTEMPLATED HEREBY, OR THE ACTIONS OF THE PARTIES HERETO IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE AND ENFORCEMENT OF THIS AGREEMENT.

Appears in 2 contracts

Samples: Letter Agreement (Harbinger Capital Partners Master Fund I, Ltd.), Letter Agreement (Spectrum Brands, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES PARTY HERETO HEREBY IRREVOCABLY -------------------- WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENTANY OF THE LOAN DOCUMENTS OR THE TRANSACTIONS CONTEMPLATED THEREBY.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Icg Holdings Inc), Loan and Guaranty Agreement (Federal Mogul Corp)

Waiver of Jury Trial. EACH OF THE PARTIES PARTY HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO OF TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING IN CONNECTION WITH THIS SECURITY AGREEMENT OR ANY MATTER ARISING HEREUNDER. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES HERETO TO ENTER INTO THIS SECURITY AGREEMENT.

Appears in 2 contracts

Samples: Security Agreement (Apollo Debt Solutions BDC), Security Agreement (GOLUB CAPITAL BDC, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO PARTY HEREBY IRREVOCABLY WAIVES ALL RIGHT TO A TRIAL BY JURY IN ANY ACTIONSUIT, ACTION OR OTHER PROCEEDING INSTITUTED BY OR COUNTERCLAIM ARISING OUT AGAINST SUCH PARTY IN RESPECT OF ITS RIGHTS OR RELATING TO THIS AGREEMENTOBLIGATIONS HEREUNDER.

Appears in 2 contracts

Samples: Employment Agreement (European Wax Center, Inc.), Employment Agreement (European Wax Center, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT RIGHTS TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ACTION ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENTAGREEMENT OR ANY OTHER AGREEMENT ENTERED INTO BY THE PARTIES ON THE DATE HEREOF OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.

Appears in 2 contracts

Samples: Kinderhook Partners, Lp, Active Power Inc

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING ARJSING OUT OF OR RELATING TO THIS AGREEMENT.

Appears in 2 contracts

Samples: Employment Agreement, Employment Agreement (Affinion Group, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, LEGAL PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENTAGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY, AND AGREE TO THE ARBITRATION PROVISION CONTAINED IN SECTION 6.11.

Appears in 2 contracts

Samples: Consent and Waiver Agreement (Marver James D), Consent and Waiver Agreement (Euniverse Inc)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENTAGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Appears in 2 contracts

Samples: Noncompetition Agreement (Marriott International Inc /Md/), Noncompetition Agreement (Marriott Vacations Worldwide Corp)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT.. (f)

Appears in 2 contracts

Samples: Employment Agreement (Green Brick Partners, Inc.), Employment Agreement (Green Brick Partners, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, LEGAL PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENTAGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY, AND AGREE TO THE ARBITRATION PROVISION CONTAINED IN SECTION 8.

Appears in 2 contracts

Samples: Agreement (Marver James D), Agreement (Intermix Media, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ALL ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, LEGAL ACTION OR PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT.AGREEMENT AND FOR ANY COUNTERCLAIM THEREIN. [Signature Page to Intercreditor and Subordination Agreement]

Appears in 2 contracts

Samples: Intercreditor and Subordination Agreement (Fusion Telecommunications International Inc), Intercreditor and Subordination Agreement (Tel Instrument Electronics Corp)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO AND XXXXXX XXXXXXXX HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, LEGAL PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENTASSET PURCHASE AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Appears in 2 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement (Warner Chilcott PLC)

Waiver of Jury Trial. EACH OF THE PARTIES PARTY HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO --------------------- TRIAL BY JURY IN ANY ACTION, ACTION OR PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT.

Appears in 1 contract

Samples: Intercreditor Agreement (Las Vegas Sands Inc)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES WAIVE ALL RIGHT RIGHTS TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OF, BASED ON OR RELATING PERTAINING TO THIS AGREEMENT.ANNEX A.

Appears in 1 contract

Samples: Athene Holding LTD

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OF, OR RELATING TO THIS AGREEMENT.

Appears in 1 contract

Samples: Employment Agreement (Aep Industries Inc)

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