Applicable Law; Counterparts. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without reference to choice of law principles thereunder. This Agreement may be signed in various counterparts, which together shall constitute one and the same instrument. This Agreement shall be effective when, but only when, at least one counterpart hereof shall have been executed on behalf of each party hereto. The Company and the Underwriters each hereby irrevocably waive any right they may have to a trial by jury in respect to any claim based upon or arising out of this Agreement or the transactions contemplated hereby.
Appears in 36 contracts
Samples: Underwriting Agreement (Adma Biologics, Inc.), Underwriting Agreement (Adma Biologics, Inc.), Underwriting Agreement (PLx Pharma Inc.)
Applicable Law; Counterparts. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without reference applicable to choice contracts made and to be performed within the State of law principles thereunderNew York. This Agreement may be signed in various counterparts, counterparts which together shall constitute one and the same instrument. This If signed in counterparts, this Agreement shall be not become effective when, but only when, unless at least one counterpart hereof shall have been executed and delivered on behalf of each party hereto. The Company and the Underwriters each hereby irrevocably waive any right they may have to a trial by jury in respect to any claim based upon or arising out of this Agreement or the transactions contemplated hereby.
Appears in 32 contracts
Samples: Underwriting Agreement (Enbridge Energy Partners Lp), Underwriting Agreement (Plains All American Pipeline Lp), Underwriting Agreement (Enbridge Energy Partners Lp)
Applicable Law; Counterparts. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without reference to choice of law principles thereunder. This Agreement may be signed in various counterparts, which together shall constitute one and the same instrument. This Agreement shall be effective when, but only when, at least one counterpart hereof shall have been executed on behalf of each party hereto. The Company Company, the Selling Stockholders and the Underwriters each hereby irrevocably waive any right they may have to a trial by jury in respect to any claim based upon or arising out of this Agreement or the transactions contemplated hereby.
Appears in 10 contracts
Samples: Underwriting Agreement (Mesa Air Group Inc), Underwriting Agreement (Mesa Air Group Inc), Underwriting Agreement (Malibu Boats, Inc.)
Applicable Law; Counterparts. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without reference to choice of law principles thereunderYork. This Agreement may be signed in various counterparts, which together shall constitute one and the same instrument. This Agreement shall be effective when, but only when, at least one counterpart hereof shall have been executed on behalf of each party hereto. The Company and the Underwriters each hereby irrevocably waive any right they may have to a trial by jury in respect to any claim based upon or arising out of this Agreement or the transactions contemplated hereby.
Appears in 8 contracts
Samples: Underwriting Agreement (Casella Waste Systems Inc), Underwriting Agreement (Casella Waste Systems Inc), Underwriting Agreement (Casella Waste Systems Inc)
Applicable Law; Counterparts. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without reference to choice of law principles thereunder. This Agreement may be signed in various counterparts, which together shall constitute one and the same instrument. This Agreement shall be effective when, but only when, at least one counterpart hereof shall have been executed on behalf of each party hereto. The Company Company, the Operating Partnership, the Manager and the Underwriters each hereby irrevocably waive any right they may have to a trial by jury in respect to any claim based upon or arising out of this Agreement or the transactions contemplated hereby.
Appears in 7 contracts
Samples: Underwriting Agreement (NexPoint Real Estate Finance, Inc.), Underwriting Agreement (NexPoint Real Estate Finance, Inc.), Underwriting Agreement (NexPoint Real Estate Finance, Inc.)
Applicable Law; Counterparts. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without reference to choice of law principles thereunder. This Agreement may be signed in various counterparts, which together shall constitute one and the same instrument. This Agreement shall be effective when, but only when, at least one counterpart hereof shall have been executed on behalf of each party hereto. The Trust, the Company and the Underwriters each hereby irrevocably waive any right they may have to a trial by jury in respect to any claim based upon or arising out of this Agreement or the transactions contemplated hereby.
Appears in 6 contracts
Samples: Underwriting Agreement (SandRidge Mississippian Trust II), Underwriting Agreement (SandRidge Mississippian Trust II), Underwriting Agreement (SandRidge Permian Trust)
Applicable Law; Counterparts. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without reference to choice of law principles thereunder. This Agreement may be signed in various counterparts, which together shall constitute one and the same instrument. This Agreement shall be effective when, but only when, at least one counterpart hereof shall have been executed on behalf of each party hereto. The Company Company, the Operating Partnership and the Underwriters each hereby irrevocably waive any right they may have to a trial by jury in respect to any claim based upon or arising out of this Agreement or the transactions contemplated hereby.
Appears in 5 contracts
Samples: Underwriting Agreement (CatchMark Timber Trust, Inc.), Underwriting Agreement (CatchMark Timber Trust, Inc.), Underwriting Agreement (CatchMark Timber Trust, Inc.)
Applicable Law; Counterparts. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without reference to choice of law principles thereunder. This Agreement may be signed in various counterparts, which together shall constitute one and the same instrument. This Agreement shall be effective when, but only when, at least one counterpart hereof shall have been executed on behalf of each party hereto. The Company, the Operating Company and the Underwriters each hereby irrevocably waive any right they may have to a trial by jury in respect to any claim based upon or arising out of this Agreement or the transactions contemplated hereby.
Appears in 4 contracts
Samples: Underwriting Agreement (Jernigan Capital, Inc.), Underwriting Agreement (Jernigan Capital, Inc.), Underwriting Agreement (Jernigan Capital, Inc.)
Applicable Law; Counterparts. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without reference to choice of law principles thereunder. This Agreement may be signed in various counterparts, which together shall constitute one and the same instrument. This Agreement shall be effective when, but only when, at least one counterpart hereof shall have been executed on behalf of each party hereto. The Company Company, the Selling Shareholders and the Underwriters each hereby irrevocably waive any right they may have to a trial by jury in respect to any claim based upon or arising out of this Agreement or the transactions contemplated hereby.
Appears in 3 contracts
Samples: Underwriting Agreement (Smartfinancial Inc.), Underwriting Agreement (First Guaranty Bancshares, Inc.), Underwriting Agreement (MiX Telematics LTD)
Applicable Law; Counterparts. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without reference to choice of law principles thereunder. This Agreement may be signed in various counterparts, which together shall constitute one and the same instrument. This Agreement shall be effective when, but only when, at least one counterpart hereof shall have been executed on behalf of each party hereto. The Company Company, the Operating Partnership, the Advisor and the Underwriters each hereby irrevocably waive any right they may have to a trial by jury in respect to any claim based upon or arising out of this Agreement or the transactions contemplated hereby.
Appears in 2 contracts
Samples: Underwriting Agreement (InPoint Commercial Real Estate Income, Inc.), Underwriting Agreement (InPoint Commercial Real Estate Income, Inc.)
Applicable Law; Counterparts. (a) This Agreement shall be governed by and construed in accordance with the laws of the State of New York without reference to choice of law principles thereunder. .
(b) This Agreement may be signed in various counterparts, which together shall constitute one and the same instrument. .
(c) This Agreement shall be effective when, but only when, at least one counterpart hereof shall have been executed on behalf of each party hereto. .
(d) The Company and the Underwriters each hereby irrevocably waive any right they may have to a trial by jury in respect to any claim based upon or arising out of this Agreement or the transactions contemplated hereby.
Appears in 2 contracts
Samples: Underwriting Agreement (Tennessee Commerce Bancorp, Inc.), Underwriting Agreement (First Busey Corp /Nv/)
Applicable Law; Counterparts. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without reference to choice of law principles thereunder. This Agreement may be signed in various counterparts, which together shall constitute one and the same instrument. This Agreement shall be effective when, but only when, at least one counterpart hereof shall have been executed on behalf of each party hereto. The Company Company, the Selling Stockholder and the Underwriters each hereby irrevocably waive any right they may have to a trial by jury in respect to any claim based upon or arising out of this Agreement or the transactions contemplated hereby.
Appears in 2 contracts
Samples: Underwriting Agreement (Crouse Lawrence D), Underwriting Agreement (Heartland Express Inc)
Applicable Law; Counterparts. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without reference to choice of law principles thereunder. This Agreement may be signed in various counterparts, which together shall constitute one and the same instrument. This Agreement shall be effective when, but only when, at least one counterpart hereof shall have been executed on behalf of each party hereto. The Company Company, the Trust and the Underwriters each hereby irrevocably waive any right they may have to a trial by jury in respect to any claim based upon or arising out of this Agreement or the transactions contemplated hereby.
Appears in 2 contracts
Samples: Underwriting Agreement (Whiting USA Trust II), Underwriting Agreement (Whiting USA Trust II)
Applicable Law; Counterparts. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without reference to choice of law principles thereunder. This Agreement may be signed in various counterparts, which together shall constitute one and the same instrument. This Agreement shall be effective when, but only when, at least one counterpart hereof shall have been executed on behalf of each party hereto. The Company Partnership and the Underwriters each hereby irrevocably waive any right they may have to a trial by jury in respect to any claim based upon or arising out of this Agreement or the transactions contemplated hereby.
Appears in 2 contracts
Samples: Underwriting Agreement (Compressco Partners, L.P.), Underwriting Agreement (Compressco Partners, L.P.)
Applicable Law; Counterparts. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without reference to choice of excluding choice-of-law principles thereunderof such State that would permit the application of a jurisdiction other than such State. This Agreement may be signed in various counterparts, which together shall constitute one and the same instrument. This Agreement shall be effective when, but only when, at least one counterpart hereof shall have been executed on behalf of each party hereto. The Company and the Underwriters each hereby irrevocably waive any right they may have to a trial by jury in respect to any claim based upon or arising out of this Agreement or the transactions contemplated hereby.
Appears in 1 contract
Samples: Underwriting Agreement (America First Multifamily Investors, L.P.)
Applicable Law; Counterparts. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without reference to choice of law principles thereunderYork. This Agreement may be signed in various counterparts, which together shall constitute one and the same instrument. This Agreement shall be effective when, but only when, at least one counterpart hereof shall have been executed on behalf of each party hereto. The Company Company, Iridium and the Underwriters each hereby irrevocably waive any right they may have to a trial by jury in respect to any claim based upon or arising out of this Agreement or the transactions contemplated hereby.
Appears in 1 contract
Samples: Underwriting Agreement (Iridium Communications Inc.)
Applicable Law; Counterparts. This Agreement shall be governed by and construed in accordance with the laws of the State of New York made and to be performed in such State, without reference to choice conflicts of law principles thereunderprinciples. This Agreement may be signed in various counterparts, which together shall constitute one and the same instrument. This Agreement shall be effective when, but only when, at least one counterpart hereof shall have been executed on behalf of each party hereto. The Company and the Underwriters each hereby irrevocably waive any right they may have to a trial by jury in respect to any claim based upon or arising out of this Agreement or the transactions contemplated hereby.
Appears in 1 contract
Samples: Underwriting Agreement (Carrols Restaurant Group, Inc.)
Applicable Law; Counterparts. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without reference to choice of law principles thereunder. This Agreement may be signed in various counterparts, which together shall constitute one and the same instrument. This Agreement shall be effective when, but only when, at least one counterpart hereof shall have been executed on behalf of each party hereto. The Company Company, the Selling Stockholders and the Underwriters Underwriter each hereby irrevocably waive waives any right they may have to a trial by jury in respect to any claim based upon or arising out of this Agreement or the transactions contemplated hereby.
Appears in 1 contract
Samples: Underwriting Agreement (Health Insurance Innovations, Inc.)
Applicable Law; Counterparts. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without reference to choice of law principles thereunder. .
(a) This Agreement may be signed in various counterparts, which together shall constitute one and the same instrument. .
(b) This Agreement shall be effective when, but only when, at least one counterpart hereof shall have been executed on behalf of each party hereto. .
(c) The Company Company, the Selling Stockholders and the Underwriters each hereby irrevocably waive any right they may have to a trial by jury in respect to any claim based upon or arising out of this Agreement or the transactions contemplated hereby.
Appears in 1 contract
Samples: Underwriting Agreement (Atlantic Tele Network Inc /De)
Applicable Law; Counterparts. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without reference to choice of law principles thereunderYork. This Agreement may be signed in various counterparts, which together shall constitute one and the same instrument. This Agreement shall be effective when, but only when, at least one counterpart hereof shall have been executed on behalf of each party hereto. The Company Company, the Selling Stockholder and the Underwriters Underwriter each hereby irrevocably waive waives any right they it may have to a trial by jury in respect to any claim based upon or arising out of this Agreement or the transactions contemplated hereby.
Appears in 1 contract
Applicable Law; Counterparts. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without reference to choice of law principles thereunderthereunder other than New York General Obligations Law 5-1401 and 5-1402. This Agreement may be signed in various counterparts, which together shall constitute one and the same instrument. This Agreement shall be effective when, but only when, at least one counterpart hereof shall have been executed on behalf of each party hereto. The Company Transaction Entities, the Manager and the Underwriters each hereby irrevocably waive any right they may have to a trial by jury in respect to any claim based upon or arising out of this Agreement or the transactions contemplated hereby.
Appears in 1 contract
Samples: Underwriting Agreement (Alpine Income Property Trust, Inc.)
Applicable Law; Counterparts. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without reference to choice of law principles thereunderYork. This Agreement may be signed in various counterparts, which together shall constitute one and the same instrument. This Agreement shall be effective when, but only when, at least one counterpart hereof shall have been executed on behalf of each party hereto. The Company and the Underwriters Underwriter each hereby irrevocably waive waives any right they it may have to a trial by jury in respect to any claim based upon or arising out of this Agreement or the transactions contemplated hereby.
Appears in 1 contract
Applicable Law; Counterparts. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without reference to choice of law principles thereunder. This Agreement may be signed in various counterparts, which together shall constitute one and the same instrument. This Agreement shall be effective when, but only when, at least one counterpart hereof shall have been executed on behalf of each party hereto. The Company Company, the Operating Partnership, the Adviser and the Underwriters each hereby irrevocably waive any right they may have to a trial by jury in respect to any claim based upon or arising out of this Agreement or the transactions contemplated hereby.
Appears in 1 contract
Samples: Underwriting Agreement (NexPoint Residential Trust, Inc.)
Applicable Law; Counterparts. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without reference to choice of law principles thereunder. This Agreement may be signed in various counterparts, which together shall constitute one and the same instrument. This Agreement shall be effective when, but only when, at least one counterpart hereof shall have been executed on behalf of each party hereto. The Company Indemnitors and the Underwriters each hereby irrevocably waive any right they may have to a trial by jury in respect to any claim based upon or arising out of this Agreement or the transactions contemplated hereby.
Appears in 1 contract
Applicable Law; Counterparts. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without reference to choice of law principles thereunderthereunder other than New York General Obligations Law 5-1401 and 5-1402. This Agreement may be signed in various counterparts, which together shall constitute one and the same instrument. This Agreement shall be effective when, but only when, at least one counterpart hereof shall have been executed on behalf of each party hereto. The Company Company, the Operating Partnership, the Manager and the Underwriters each hereby irrevocably waive any right they may have to a trial by jury in respect to any claim based upon or arising out of this Agreement or the transactions contemplated hereby.
Appears in 1 contract
Samples: Underwriting Agreement (Alpine Income Property Trust, Inc.)
Applicable Law; Counterparts. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without reference to choice of law principles thereunder. This Agreement may be signed in various counterparts, counterparts which together shall constitute one and the same instrument. This Agreement shall be effective when, but only when, at least one counterpart hereof shall have been executed on behalf of each party hereto. The Company and the Underwriters Agents each hereby irrevocably waive any right they may have to a trial by jury in respect to any claim based upon or arising out of this Agreement or the transactions contemplated hereby.
Appears in 1 contract
Samples: Agency Agreement (Advanced Lighting Technologies Inc)