Applicable Law; Waiver of Jury Trial. (A) THIS RESTATEMENT AGREEMENT SHALL BE CONSTRUED AND INTERPRETED IN ACCORDANCE WITH AND GOVERNED BY THE LAW OF THE STATE OF NEW YORK. (B) EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS RESTATEMENT AGREEMENT AND FOR ANY COUNTERCLAIM HEREIN.
Appears in 6 contracts
Samples: Credit Agreement (Centurylink, Inc), Restatement Agreement (Charter Communications, Inc. /Mo/), Restatement Agreement (Cco Holdings LLC)
Applicable Law; Waiver of Jury Trial. (A) THIS RESTATEMENT AGREEMENT SHALL BE CONSTRUED AND INTERPRETED IN ACCORDANCE WITH AND GOVERNED BY THE LAW LAWS OF THE STATE OF NEW YORK.
(B) EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY AGREES AS SET FORTH IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS RESTATEMENT SECTION 9.10 OF THE AMENDED CREDIT AGREEMENT AND FOR ANY COUNTERCLAIM AS IF SUCH SECTION WERE SET FORTH IN FULL HEREIN.
Appears in 6 contracts
Samples: Amendment and Restatement Agreement (American Axle & Manufacturing Holdings Inc), Revolving Credit Agreement (American Axle & Manufacturing Holdings Inc), Revolving Credit Agreement (American Axle & Manufacturing Holdings Inc)
Applicable Law; Waiver of Jury Trial. (A) THIS RESTATEMENT AGREEMENT SHALL BE CONSTRUED AND INTERPRETED IN ACCORDANCE WITH AND GOVERNED BY THE LAW LAWS OF THE STATE OF NEW YORK.
(B) EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY AGREES AS SET FORTH IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS RESTATEMENT SECTION 9.10 OF THE RESTATED CREDIT AGREEMENT AND FOR ANY COUNTERCLAIM AS IF SUCH SECTION WERE SET FORTH IN FULL HEREIN.
Appears in 6 contracts
Samples: Amendment and Restatement Agreement (Boise Cascade Holdings, L.L.C.), Amendment and Restatement Agreement (Advance Auto Parts Inc), Amendment and Restatement Agreement (On Semiconductor Corp)
Applicable Law; Waiver of Jury Trial. (A) THIS RESTATEMENT AGREEMENT SHALL BE CONSTRUED AND INTERPRETED IN ACCORDANCE WITH AND GOVERNED BY THE LAW LAWS OF THE STATE OF NEW YORK.
(B) EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY AGREES AS SET FORTH IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS RESTATEMENT SECTION 9.11 OF THE AMENDED CREDIT AGREEMENT AND FOR ANY COUNTERCLAIM AS IF SUCH SECTION WERE SET FORTH IN FULL HEREIN.
Appears in 5 contracts
Samples: Reaffirmation Agreement (Caesars Entertainment Operating Company, Inc.), Reaffirmation Agreement (CAESARS ENTERTAINMENT Corp), Amendment Agreement (CAESARS ENTERTAINMENT Corp)
Applicable Law; Waiver of Jury Trial. (A) THIS RESTATEMENT AGREEMENT SHALL BE CONSTRUED AND INTERPRETED IN ACCORDANCE WITH AND GOVERNED BY THE LAW LAWS OF THE STATE OF NEW YORK.
(B) EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY AGREES AS SET FORTH IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS RESTATEMENT SECTION 8.10 OF THE RESTATED REVOLVING CREDIT AGREEMENT AND FOR ANY COUNTERCLAIM AS IF SUCH SECTIONS WERE SET FORTH IN FULL HEREIN.
Appears in 3 contracts
Samples: Amendment and Restatement Agreement (L Brands, Inc.), Amendment and Restatement Agreement (Limited Brands Inc), Amendment and Restatement Agreement (Limited Brands Inc)
Applicable Law; Waiver of Jury Trial. (A) THIS RESTATEMENT AGREEMENT SHALL BE CONSTRUED AND INTERPRETED IN ACCORDANCE WITH AND GOVERNED BY THE LAW LAWS OF THE STATE OF NEW YORK.
(B) EACH PARTY HERETO HEREBY IRREVOCABLY AGREES AS SET FORTH IN SECTIONS 9.09 AND UNCONDITIONALLY WAIVES TRIAL BY JURY 9.10 OF THE RESTATED CREDIT AGREEMENT AS IF SUCH SECTIONS WERE SET FORTH IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS RESTATEMENT AGREEMENT AND FOR ANY COUNTERCLAIM FULL HEREIN.
Appears in 3 contracts
Samples: Third Amendment and Restatement Agreement (Usg Corp), Second Amendment and Restatement Agreement (Usg Corp), Credit Agreement (Usg Corp)
Applicable Law; Waiver of Jury Trial. (A) THIS RESTATEMENT AGREEMENT SHALL BE CONSTRUED AND INTERPRETED IN ACCORDANCE WITH AND GOVERNED BY THE LAW LAWS OF THE STATE OF NEW YORK.
(B) EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY AGREES AS SET FORTH IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS RESTATEMENT SECTION 9.12 OF THE AMENDED CREDIT AGREEMENT AND FOR ANY COUNTERCLAIM AS IF SUCH SECTION WERE SET FORTH IN FULL HEREIN.
Appears in 3 contracts
Samples: Amendment Agreement (Hexion Specialty Chemicals, Inc.), Incremental Facility Amendment (Hexion Specialty Chemicals, Inc.), Incremental Facility Amendment (Hexion Specialty Chemicals, Inc.)
Applicable Law; Waiver of Jury Trial. (A) THIS RESTATEMENT AGREEMENT SHALL BE CONSTRUED AND INTERPRETED IN ACCORDANCE WITH AND GOVERNED BY THE LAW LAWS OF THE STATE OF NEW YORK.
(B) EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY AGREES AS SET FORTH IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS RESTATEMENT AGREEMENT AND FOR ANY COUNTERCLAIM SECTION 8.10 OF EACH OF THE RESTATED CREDIT AGREEMENTS AS IF SUCH SECTIONS WERE SET FORTH IN FULL HEREIN.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Limited Brands Inc), Amendment and Restatement Agreement (Limited Brands Inc)
Applicable Law; Waiver of Jury Trial. (A) THIS RESTATEMENT AGREEMENT SHALL BE CONSTRUED AND INTERPRETED IN ACCORDANCE WITH AND GOVERNED BY THE LAW LAWS OF THE STATE OF NEW YORK.
(B) EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY AGREES AS SET FORTH IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS RESTATEMENT SECTION 8.10 OF THE RESTATED TERM LOAN CREDIT AGREEMENT AND FOR ANY COUNTERCLAIM AS IF SUCH SECTION WERE SET FORTH IN FULL HEREIN.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Term Loans) (Limited Brands Inc), Amendment and Restatement Agreement (Term Loans) (Limited Brands Inc)
Applicable Law; Waiver of Jury Trial. (A) THIS RESTATEMENT AGREEMENT SHALL BE CONSTRUED AND INTERPRETED IN ACCORDANCE WITH AND GOVERNED BY THE LAW LAWS OF THE STATE OF NEW YORK.
(B) EACH PARTY HERETO HEREBY IRREVOCABLY AGREES AS SET FORTH IN SECTIONS 9.09 AND UNCONDITIONALLY WAIVES TRIAL BY JURY 9.10 OF THE RESTATED CREDIT AGREEMENT AS IF SUCH SECTION WERE SET FORTH IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS RESTATEMENT AGREEMENT AND FOR ANY COUNTERCLAIM FULL HEREIN.
Appears in 2 contracts
Samples: Credit Agreement (Usg Corp), Third Amendment and Restatement Agreement (Usg Corp)
Applicable Law; Waiver of Jury Trial. (Aa) THIS RESTATEMENT AGREEMENT SHALL BE CONSTRUED AND INTERPRETED IN ACCORDANCE WITH AND GOVERNED BY THE LAW LAWS OF THE STATE OF NEW YORK.
(Bb) EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY AGREES AS SET FORTH IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS RESTATEMENT SECTION 9.10 OF THE AMENDED CREDIT AGREEMENT AND FOR ANY COUNTERCLAIM AS IF SUCH SECTION WERE SET FORTH IN FULL HEREIN.
Appears in 2 contracts
Samples: Reaffirmation Agreement (RedPrairie Holding, Inc.), Reaffirmation Agreement (RedPrairie Holding, Inc.)
Applicable Law; Waiver of Jury Trial. (A) THIS RESTATEMENT AGREEMENT SHALL BE CONSTRUED AND INTERPRETED IN ACCORDANCE WITH AND GOVERNED BY THE LAW LAWS OF THE STATE OF NEW YORK.
(B) EACH PARTY HERETO HEREBY IRREVOCABLY AGREES AS SET FORTH IN SECTION 10.15 OF THE AMENDED AND UNCONDITIONALLY WAIVES TRIAL BY JURY RESTATED CREDIT AGREEMENT AS IF SUCH SECTION WERE SET FORTH IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS RESTATEMENT AGREEMENT AND FOR ANY COUNTERCLAIM FULL HEREIN.
Appears in 2 contracts
Samples: Credit Agreement (Compass Minerals International Inc), Credit Agreement (Compass Minerals International Inc)
Applicable Law; Waiver of Jury Trial. (A) THIS RESTATEMENT AGREEMENT SHALL BE CONSTRUED AND INTERPRETED IN ACCORDANCE WITH AND GOVERNED BY THE LAW LAWS OF THE STATE OF NEW YORK.
(B) EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY AGREES AS SET FORTH IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS RESTATEMENT SECTION 9.12 OF THE EXISTING CREDIT AGREEMENT AND FOR ANY COUNTERCLAIM AS IF SUCH SECTION WERE SET FORTH IN FULL HEREIN.
Appears in 2 contracts
Samples: Amendment Agreement (Hexion Specialty Chemicals, Inc.), Amendment and Restatement Agreement (Hexion Specialty Chemicals, Inc.)
Applicable Law; Waiver of Jury Trial. (A) THIS RESTATEMENT AGREEMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER SHALL BE GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH AND GOVERNED BY WITH, THE LAW LAWS OF THE STATE OF NEW YORK.
(B) EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY AGREES AS SET FORTH IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS RESTATEMENT SECTION 9.13 OF THE AMENDED TERM LOAN AGREEMENT AND FOR ANY COUNTERCLAIM AS IF SUCH SECTION WERE SET FORTH IN FULL HEREIN.
Appears in 2 contracts
Samples: Incremental Facility Agreement (EP Energy LLC), Reaffirmation Agreement (EP Energy LLC)
Applicable Law; Waiver of Jury Trial. (Aa) THIS RESTATEMENT AGREEMENT AMENDMENT SHALL BE CONSTRUED AND INTERPRETED IN ACCORDANCE WITH AND GOVERNED BY THE LAW OF THE STATE OF NEW YORK.
(Bb) EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY AGREES AS SET FORTH IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS RESTATEMENT SECTION 9.12 OF THE CREDIT AGREEMENT AND FOR ANY COUNTERCLAIM AS IF SUCH SECTION WERE SET FORTH IN FULL HEREIN.
Appears in 2 contracts
Samples: Term Loan Agreement (Jackson Financial Inc.), Revolving Credit Agreement (Jackson Financial Inc.)
Applicable Law; Waiver of Jury Trial. (A) THIS RESTATEMENT AGREEMENT SHALL BE CONSTRUED AND INTERPRETED IN ACCORDANCE WITH AND GOVERNED BY THE LAW LAWS OF THE STATE OF NEW YORKYORK WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES THAT WOULD REQUIRE THE APPLICATION OF THE LAWS OF ANOTHER JURISDICTION.
(B) EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY AGREES AS SET FORTH IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS RESTATEMENT SECTION 10.10 OF THE RESTATED CREDIT AGREEMENT AND FOR ANY COUNTERCLAIM AS IF SUCH SECTION WERE SET FORTH IN FULL HEREIN.
Appears in 2 contracts
Samples: Second Amendment and Restatement Agreement (Jacobs Entertainment Inc), Amendment and Restatement Agreement (Jacobs Entertainment Inc)
Applicable Law; Waiver of Jury Trial. (A) THIS RESTATEMENT AGREEMENT SHALL BE CONSTRUED AND INTERPRETED IN ACCORDANCE WITH AND GOVERNED BY THE LAW LAWS OF THE STATE OF NEW YORK.
(B) EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY AGREES AS SET FORTH IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS RESTATEMENT SECTION 9.11 OF THE CREDIT AGREEMENT AND FOR ANY COUNTERCLAIM AS IF SUCH SECTION WERE SET FORTH IN FULL HEREIN.
Appears in 1 contract
Samples: Reaffirmation Agreement (CAESARS ENTERTAINMENT Corp)
Applicable Law; Waiver of Jury Trial. (Aa) THIS RESTATEMENT AGREEMENT AMENDMENT SHALL BE CONSTRUED AND INTERPRETED IN ACCORDANCE WITH AND GOVERNED BY THE LAW OF THE STATE OF NEW YORK.
(Bb) EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY AGREES AS SET FORTH IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS RESTATEMENT SECTION 8.10 OF THE CREDIT AGREEMENT AND FOR ANY COUNTERCLAIM AS IF SUCH SECTION WERE SET FORTH IN FULL HEREIN.
Appears in 1 contract
Samples: Five Year Revolving Credit Agreement (L Brands, Inc.)
Applicable Law; Waiver of Jury Trial. (Aa) THIS RESTATEMENT AGREEMENT AMENDMENT SHALL BE CONSTRUED AND INTERPRETED IN ACCORDANCE WITH AND GOVERNED BY THE LAW OF THE STATE OF NEW YORK.
(Ba) EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY AGREES AS SET FORTH IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS RESTATEMENT SECTION 9.10 OF THE CREDIT AGREEMENT AND FOR ANY COUNTERCLAIM AS IF SUCH SECTION WERE SET FORTH IN FULL HEREIN.
Appears in 1 contract
Samples: Credit Agreement (KAMAN Corp)
Applicable Law; Waiver of Jury Trial. (A) THIS RESTATEMENT AGREEMENT SHALL BE CONSTRUED AND INTERPRETED IN ACCORDANCE WITH AND GOVERNED BY THE LAW LAWS OF THE STATE OF NEW YORK.
(B) EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY AGREES AS SET FORTH IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS RESTATEMENT SECTION 10.16 OF THE AMENDED CREDIT AGREEMENT AND FOR ANY COUNTERCLAIM AS IF SUCH SECTION WERE SET FORTH IN FULL HEREIN.
Appears in 1 contract
Samples: Commitment Reduction and Amendment and Restatement Agreement (McClatchy Co)
Applicable Law; Waiver of Jury Trial. (A) THIS RESTATEMENT AGREEMENT SHALL BE CONSTRUED AND INTERPRETED IN ACCORDANCE WITH AND GOVERNED BY THE LAW LAWS OF THE STATE OF NEW YORK.
(B) EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY AGREES AS SET FORTH IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS RESTATEMENT SECTION 10.15 OF THE ORIGINAL CREDIT AGREEMENT AND FOR ANY COUNTERCLAIM AS IF SUCH SECTION WERE SET FORTH IN FULL HEREIN.
Appears in 1 contract
Samples: Reaffirmation Agreement (WEX Inc.)
Applicable Law; Waiver of Jury Trial. (Aa) THIS RESTATEMENT AGREEMENT SHALL BE CONSTRUED AND INTERPRETED IN ACCORDANCE WITH AND GOVERNED BY THE LAW LAWS OF THE STATE OF NEW YORK.
(Bb) EACH PARTY HERETO HEREBY IRREVOCABLY AGREES AS SET FORTH IN SECTIONS 9.09 AND UNCONDITIONALLY WAIVES TRIAL BY JURY 9.10 OF THE AMENDED CREDIT AGREEMENT AS IF SUCH SECTIONS WERE SET FORTH IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS RESTATEMENT AGREEMENT AND FOR ANY COUNTERCLAIM FULL HEREIN.
Appears in 1 contract
Samples: Incremental Facility Amendment (Indalex Holdings Finance Inc)
Applicable Law; Waiver of Jury Trial. (A) THIS RESTATEMENT AGREEMENT SHALL BE CONSTRUED AND INTERPRETED IN ACCORDANCE WITH AND GOVERNED BY THE LAW LAWS OF THE STATE OF NEW YORK.
(B) EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY AGREES AS SET FORTH IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS RESTATEMENT SECTION 9.11 OF THE RESTATED CREDIT AGREEMENT AND FOR ANY COUNTERCLAIM AS IF SUCH SECTION WERE SET FORTH IN FULL HEREIN.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (Interline Brands, Inc./De)
Applicable Law; Waiver of Jury Trial. (A) THIS RESTATEMENT AGREEMENT AMENDMENT SHALL BE GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH AND GOVERNED BY WITH, THE LAW LAWS OF THE STATE OF NEW YORK.
(B) EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY AGREES AS SET FORTH IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS RESTATEMENT SECTION 9.09(b), (c) and (d), SECTION 9.10 OF THE CREDIT AGREEMENT AND FOR ANY COUNTERCLAIM AS IF SUCH SECTION WERE SET FORTH IN FULL HEREIN.
Appears in 1 contract
Samples: Credit Agreement (Mac-Gray Corp)
Applicable Law; Waiver of Jury Trial. (A) THIS RESTATEMENT AGREEMENT AND ANY CLAIM, CONTROVERSY OR DISPUTE ARISING UNDER OR RELATING TO THIS AGREEMENT SHALL BE CONSTRUED AND INTERPRETED IN ACCORDANCE WITH AND GOVERNED BY THE LAW LAWS OF THE STATE OF NEW YORK.
(B) EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY AGREES AS SET FORTH IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS RESTATEMENT SECTION 9.11 OF THE AMENDED CREDIT AGREEMENT AND FOR ANY COUNTERCLAIM AS IF SUCH SECTION WERE SET FORTH IN FULL HEREIN.
Appears in 1 contract
Samples: Amendment Agreement (Momentive Performance Materials Inc.)
Applicable Law; Waiver of Jury Trial. (Ai) THIS RESTATEMENT AGREEMENT SHALL BE CONSTRUED AND INTERPRETED IN ACCORDANCE WITH AND GOVERNED BY THE LAW LAWS OF THE STATE OF NEW YORKYORK WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES THAT WOULD REQUIRE THE APPLICATION OF THE LAWS OF ANOTHER JURISDICTION.
(Bii) EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY AGREES AS SET FORTH IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS RESTATEMENT SECTION 10.10 OF THE CREDIT AGREEMENT AND FOR ANY COUNTERCLAIM AS IF SUCH SECTION WERE SET FORTH IN FULL HEREIN.
Appears in 1 contract
Samples: Increase Joinder to the Credit Agreement (Jacobs Entertainment Inc)
Applicable Law; Waiver of Jury Trial. (A) THIS RESTATEMENT AGREEMENT SHALL BE CONSTRUED AND INTERPRETED IN ACCORDANCE WITH AND GOVERNED BY THE LAW LAWS OF THE STATE OF NEW YORK.
(B) EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY AGREES AS SET FORTH IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS RESTATEMENT SECTION 11.08 OF THE ORIGINAL CREDIT AGREEMENT AND FOR ANY COUNTERCLAIM AS IF SUCH SECTION WERE SET FORTH IN FULL HEREIN.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (Gibraltar Industries, Inc.)
Applicable Law; Waiver of Jury Trial. (A) THIS RESTATEMENT AGREEMENT SHALL BE CONSTRUED AND INTERPRETED IN ACCORDANCE WITH AND GOVERNED BY THE LAW LAWS OF THE STATE OF NEW YORK.
(B) EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY AGREES AS SET FORTH IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS RESTATEMENT SECTION 8.10 OF THE RESTATED REVOLVING CREDIT AGREEMENT AND FOR ANY COUNTERCLAIM AS IF SUCH SECTION WERE SET FORTH IN FULL HEREIN.
Appears in 1 contract
Applicable Law; Waiver of Jury Trial. (A) THIS RESTATEMENT AGREEMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH AND GOVERNED BY WITH, THE LAW OF THE STATE OF NEW YORK.
(B) EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS RESTATEMENT AGREEMENT AND FOR ANY COUNTERCLAIM HEREIN.
Appears in 1 contract
Samples: Incremental Facility Amendment (Hexion Specialty Chemicals, Inc.)
Applicable Law; Waiver of Jury Trial. (A) THIS RESTATEMENT AGREEMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH AND GOVERNED BY WITH, THE LAW OF THE STATE OF NEW YORK.
(B) EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY AGREES AS SET FORTH IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS RESTATEMENT SECTION 10.17 OF THE CREDIT AGREEMENT AND FOR ANY COUNTERCLAIM AS IF SUCH SECTION WERE SET FORTH IN FULL HEREIN.
Appears in 1 contract
Samples: Credit Agreement (Team Finance LLC)
Applicable Law; Waiver of Jury Trial. (Aa) THIS RESTATEMENT AGREEMENT SHALL BE CONSTRUED AND INTERPRETED IN ACCORDANCE WITH AND GOVERNED BY THE LAW OF THE STATE OF NEW YORK.
(Bb) EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS RESTATEMENT AGREEMENT AND FOR ANY COUNTERCLAIM HEREIN.
Appears in 1 contract
Samples: Term Loan Credit Agreement (Beacon Roofing Supply Inc)
Applicable Law; Waiver of Jury Trial. (A) THIS RESTATEMENT AGREEMENT SHALL BE CONSTRUED AND INTERPRETED IN ACCORDANCE WITH AND GOVERNED BY THE LAW LAWS OF THE STATE OF NEW YORK.
(B) EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY AGREES AS SET FORTH IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS RESTATEMENT SECTION 9.10 OF THE CREDIT AGREEMENT AND FOR ANY COUNTERCLAIM AS IF SUCH SECTION WERE SET FORTH IN FULL HEREIN.
Appears in 1 contract
Samples: Incremental Facility Amendment (Interline Brands, Inc./De)
Applicable Law; Waiver of Jury Trial. (A) THIS RESTATEMENT AGREEMENT SHALL BE CONSTRUED AND INTERPRETED IN ACCORDANCE WITH AND GOVERNED BY THE LAW LAWS OF THE STATE OF NEW YORK.
(B) EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY AGREES AS SET FORTH IN ANY LEGAL ACTION OR PROCEEDING RELATING SECTION 9.10 OF THE RESTATED CREDIT AGREEMENT AS IF SUCH SECTION WERE SET FORTH IN FULL HEREIN EXCEPT THAT THE TERM “AGREEMENT” THEREIN SHALL BE DEEMED TO REFER TO THIS RESTATEMENT AGREEMENT AND FOR ANY COUNTERCLAIM HEREINAGREEMENT.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (Yum Brands Inc)
Applicable Law; Waiver of Jury Trial. (A) THIS RESTATEMENT AGREEMENT SHALL BE CONSTRUED AND INTERPRETED IN ACCORDANCE WITH AND GOVERNED BY THE LAW LAWS OF THE STATE OF NEW YORK.
(B) EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS RESTATEMENT AGREEMENT AND FOR ANY COUNTERCLAIM HEREIN.
Appears in 1 contract
Applicable Law; Waiver of Jury Trial. (A) THIS RESTATEMENT AGREEMENT SHALL BE CONSTRUED AND INTERPRETED IN ACCORDANCE WITH AND GOVERNED BY THE LAW LAWS OF THE STATE OF NEW YORK.
(B) EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY AGREES AS SET FORTH IN ANY LEGAL ACTION OR PROCEEDING RELATING SECTION 9.10 OF THE AMENDED CREDIT AGREEMENT AS IF SUCH SECTION WERE SET FORTH IN FULL HEREIN EXCEPT THAT THE TERM “AGREEMENT” THEREIN SHALL BE DEEMED TO REFER TO THIS RESTATEMENT AGREEMENT AND FOR ANY COUNTERCLAIM HEREINAGREEMENT.
Appears in 1 contract
Samples: Credit Agreement (American Axle & Manufacturing Holdings Inc)
Applicable Law; Waiver of Jury Trial. (A) THIS RESTATEMENT 3.THIS AGREEMENT SHALL BE CONSTRUED AND INTERPRETED IN ACCORDANCE WITH AND GOVERNED BY THE LAW LAWS OF THE STATE OF NEW YORK.
(BA) EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY AGREES AS SET FORTH IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS RESTATEMENT SECTION 8.10 OF THE RESTATED REVOLVING CREDIT AGREEMENT AND FOR ANY COUNTERCLAIM AS IF SUCH SECTIONS WERE SET FORTH IN FULL HEREIN.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (L Brands, Inc.)
Applicable Law; Waiver of Jury Trial. (Aa) THIS RESTATEMENT AGREEMENT AMENDMENT SHALL BE CONSTRUED AND INTERPRETED IN ACCORDANCE WITH AND GOVERNED BY THE LAW LAWS OF THE STATE OF NEW YORK.
(B) 1.9.1. EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY AGREES AS SET FORTH IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS RESTATEMENT SECTION 9.10 OF THE EXISTING CREDIT AGREEMENT AND FOR ANY COUNTERCLAIM AS IF SUCH SECTION WERE SET FORTH IN FULL HEREIN.
Appears in 1 contract
Samples: Credit Agreement (Chemours Co)
Applicable Law; Waiver of Jury Trial. (A) THIS RESTATEMENT AGREEMENT SHALL BE CONSTRUED AND INTERPRETED IN ACCORDANCE WITH AND GOVERNED BY THE LAW LAWS OF THE STATE OF NEW YORK.
(B) EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY AGREES AS SET FORTH IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS RESTATEMENT SECTION 10.17 OF THE CREDIT AGREEMENT AND FOR ANY COUNTERCLAIM AS IF SUCH SECTION WERE SET FORTH IN FULL HEREIN.
Appears in 1 contract
Applicable Law; Waiver of Jury Trial. (Aa) THIS RESTATEMENT AGREEMENT SHALL BE CONSTRUED AND INTERPRETED IN ACCORDANCE WITH AND GOVERNED BY THE LAW LAWS OF THE STATE OF NEW YORK.
(Bb) EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY AGREES AS SET FORTH IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS RESTATEMENT SECTION 9.10 OF THE RESTATED CREDIT AGREEMENT AND FOR ANY COUNTERCLAIM AS IF SUCH SECTION WERE SET FORTH IN FULL HEREIN.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (On Semiconductor Corp)
Applicable Law; Waiver of Jury Trial. (A) THIS RESTATEMENT AGREEMENT SHALL BE CONSTRUED AND INTERPRETED IN ACCORDANCE WITH AND GOVERNED BY THE LAW LAWS OF THE STATE OF NEW YORK.
(B) YORK WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES THAT WOULD REQUIRE THE APPLICATION OF THE LAWS OF ANOTHER JURISDICTION. EACH PARTY HERETO HEREBY IRREVOCABLY AGREES TO THE TERMS SET FORTH IN SECTIONS 9.09 AND UNCONDITIONALLY WAIVES TRIAL BY JURY 9.10 OF THE RESTATED CREDIT AGREEMENT AS IF SUCH SECTIONS WERE SET FORTH IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS RESTATEMENT AGREEMENT AND FOR ANY COUNTERCLAIM FULL HEREIN.
Appears in 1 contract
Applicable Law; Waiver of Jury Trial. (A) THIS RESTATEMENT AGREEMENT SHALL BE CONSTRUED AND INTERPRETED IN ACCORDANCE WITH AND GOVERNED BY THE LAW LAWS OF THE STATE OF NEW YORK.
(B) EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY AGREES AS SET FORTH IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS RESTATEMENT SECTION 14.15 OF THE RESTATED CREDIT AGREEMENT AND FOR ANY COUNTERCLAIM AS IF SUCH SECTION WERE SET FORTH IN FULL HEREIN.
Appears in 1 contract
Applicable Law; Waiver of Jury Trial. (A) THIS RESTATEMENT AGREEMENT SHALL BE CONSTRUED AND INTERPRETED IN ACCORDANCE WITH AND GOVERNED BY THE LAW LAWS OF THE STATE OF NEW YORK.
(B) EACH PARTY HERETO HEREBY IRREVOCABLY AGREES AS SET FORTH IN SECTION 10.16 OF THE AMENDED AND UNCONDITIONALLY WAIVES TRIAL BY JURY RESTATED CREDIT AGREEMENT AS IF SUCH SECTION WERE SET FORTH IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS RESTATEMENT AGREEMENT AND FOR ANY COUNTERCLAIM FULL HEREIN.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (ASC Acquisition LLC)
Applicable Law; Waiver of Jury Trial. (A) THIS RESTATEMENT AGREEMENT SHALL BE CONSTRUED AND INTERPRETED IN ACCORDANCE WITH AND GOVERNED BY THE LAW LAWS OF THE STATE OF NEW YORK.
(B) EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS RESTATEMENT AGREEMENT AND FOR ANY COUNTERCLAIM HEREIN.
Appears in 1 contract
Samples: Credit Agreement (Charter Communications, Inc. /Mo/)
Applicable Law; Waiver of Jury Trial. (A) THIS RESTATEMENT AGREEMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH AND GOVERNED BY WITH, THE LAW LAWS OF THE STATE OF NEW YORK.
(B) EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY AGREES AS SET FORTH IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS RESTATEMENT SECTION 11.12 OF THE CREDIT AGREEMENT AND FOR ANY COUNTERCLAIM AS IF SUCH SECTION WERE SET FORTH IN FULL HEREIN.
Appears in 1 contract
