Common use of Judicial Proceedings; Waiver of Jury Clause in Contracts

Judicial Proceedings; Waiver of Jury. Any judicial proceeding brought against the Trust, the Trustee or the Warrant Agent with respect to this Call Warrant may be brought in any court of competent jurisdiction in the County of New York, State of New York or of the United States of America for the Southern District of New York and, by execution and delivery of this Call Warrant, the Trustee on behalf of the Trust and the Warrant Agent (a) accept, generally and unconditionally, the nonexclusive jurisdiction of such courts and any related appellate court, and irrevocably agree that the Trust, the Trustee and the Warrant Agent shall be bound by any judgment rendered thereby in connection with this Call Warrant, subject to any rights of appeal, and (b) irrevocably waive any objection that the Trust or the Trustee, the Warrant Agent may now or hereafter have as to the venue of any such suit, action or proceeding brought in such a court or that such court is an inconvenient forum. Each party hereto hereby waives, to the fullest extent permitted by law, any right to a trial by jury in respect of any litigation arising directly or indirectly out of, under or in connection with any of the transaction documents or any of the transactions contemplated hereunder. Each party hereto (a) certifies that no representative, agent or attorney of any party hereto has represented, expressly or otherwise, that it would not, in the event of litigation, seek to enforce the foregoing waiver and (b) acknowledges that it has been induced to enter into the transaction documents to which it is a party by, among other things, this waiver.

Judicial Proceedings; Waiver of Jury. Any judicial proceeding brought against the Trust, the Trustee or the Warrant Agent with respect to this Call Warrant may be brought in any court of competent jurisdiction in the County of New York, State of New York or of the United States of America for the Southern District of New York and, by execution and delivery of this Call Warrant, the Trustee on behalf of the Trust and the Warrant Agent (a) accept, generally and unconditionally, the nonexclusive jurisdiction of such courts and any related appellate court, and irrevocably agree that the Trust, the Trustee and the Warrant Agent shall be bound by any judgment rendered thereby in connection with this Call Warrant, subject to any rights of appeal, and (b) irrevocably waive any objection that the Trust or the Trustee, the Warrant Agent may now or hereafter have as to the venue of any such suit, action or proceeding brought in such a court or that such court is an inconvenient forum. Each party hereto hereby hereby, and each holder of this Call Warrant by its acceptance hereof, waives, to the fullest extent permitted by law, any right to a trial by jury in respect of any litigation arising directly or indirectly out of, under or in connection with any of the transaction documents or any of the transactions contemplated hereunder. Each party hereto (a) certifies that no representative, agent or attorney of any party hereto has represented, expressly or otherwise, that it would not, in the event of litigation, seek to enforce the foregoing waiver and (b) acknowledges that it has been induced to enter into the transaction documents to which it is a party by, among other things, this waiver.

Judicial Proceedings; Waiver of Jury. Any judicial proceeding brought against the Trust, the Trustee or the Warrant Agent with respect to this Call Warrant either party hereto may be brought in any court of competent jurisdiction in the County of New York, State of New York or of the United States of America for the Southern District State of New York and, by execution and delivery of this Call WarrantAgreement, the Trustee on behalf of the Trust and the Warrant Agent each such party (a) acceptaccepts, generally and unconditionally, the nonexclusive jurisdiction of such courts and any related appellate court, and irrevocably agree that the Trust, the Trustee and the Warrant Agent shall agrees to be bound by any judgment rendered thereby in connection with this Call WarrantAgreement, subject to any rights of appeal, and (b) irrevocably waive waives any objection that the Trust or the Trustee, the Warrant Agent it may now or hereafter have as to the venue of any such suit, action or proceeding brought in such a court or that such court is an inconvenient forum. Each party hereto hereby waiveswaives personal service of process and consent that service of process upon it may be made by certified or registered mail, to return receipt requested, at its address specified or determined in accordance with the fullest extent permitted by lawprovisions of SECTION 14.04, any right to a trial by jury in respect of any litigation arising directly or indirectly out of, under or in connection with any of and service so made shall be deemed completed on the transaction documents or any of the transactions contemplated hereunder. Each party hereto (a) certifies that no representative, agent or attorney of any party hereto has represented, expressly or otherwise, that it would not, third Business Day after such service is deposited in the event of litigationmail. EACH PARTY HERETO HEREBY WAIVES TRIAL BY JURY IN ANY JUDICIAL PROCEEDING INVOLVING, seek to enforce the foregoing waiver and DIRECTLY, OR INDIRECTLY, ANY MATTER (bWHETHER SOUNDING IN TORT, CONTRACT OR OTHERWISE) acknowledges that it has been induced to enter into the transaction documents to which it is a party byIN ANY WAY ARISING OUT OF, among other thingsRELATED TO, this waiverOR CONNECTED WITH THIS AGREEMENT.