Common use of Submission to Jurisdiction; Waiver of Jury Trial Clause in Contracts

Submission to Jurisdiction; Waiver of Jury Trial. No proceeding related to this Agreement or any Terms Agreement or any transactions contemplated hereby or thereby may be commenced, prosecuted or continued in any court other than the courts of the State of New York located in the City and County of New York or in the United States District Court for the Southern District of New York, which courts shall have jurisdiction over the adjudication of such matters, and the Company consents to the jurisdiction of such courts and personal service with respect thereto. The Company waives all right to trial by jury in any proceeding (whether based upon contract, tort or otherwise) in any way arising out of or relating to this Agreement or any Terms Agreement. The Company agrees that a final judgment in any such proceeding brought in any such court shall be conclusive and binding upon the Company and may be enforced in any other courts to whose jurisdiction the Company is or may be subject, by suit upon such judgment.

Appears in 25 contracts

Samples: Acadia Realty Trust (Acadia Realty Trust), Terms Agreement (Acadia Realty Trust), Terms Agreement (Sl Green Realty Corp)

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Submission to Jurisdiction; Waiver of Jury Trial. No proceeding related to this Agreement or any Terms Agreement or any the transactions contemplated hereby or thereby may be commenced, prosecuted or continued in any court other than the courts of the State of New York located in the City and County of New York or in the United States District Court for the Southern District of New York, which courts shall have jurisdiction over the adjudication of such matters, and the Company consents Issuers hereby consent to the jurisdiction of such courts and personal service with respect thereto. The Company waives Issuers hereby waive all right to trial by jury in any proceeding (whether based upon contract, tort or otherwise) in any way arising out of or relating to this Agreement or any Terms Agreement. The Company agrees Issuers agree that a final judgment in any such proceeding brought in any such court shall be conclusive and binding upon the Company Issuers and may be enforced in any other courts to whose in the jurisdiction of which the Company is Issuers are or may be subject, by suit upon such judgment.

Appears in 16 contracts

Samples: www.sec.gov, Purchase Agreement (Hercules Offshore, Inc.), Purchase Agreement (Sanchez Energy Corp)

Submission to Jurisdiction; Waiver of Jury Trial. No proceeding related to this Agreement or any Terms Agreement or any transactions contemplated hereby or thereby may be commenced, prosecuted or continued in any court other than the courts of the State of New York located in the City and County of New York or in the United States District Court for the Southern District of New York, which courts shall have jurisdiction over the adjudication of such matters, and the Company consents parties consent to the jurisdiction of such courts and personal service with respect thereto. The Company waives parties waive all right to trial by jury in any proceeding (whether based upon contract, tort or otherwise) in any way arising out of or relating to this Agreement or any Terms Agreement. The Company agrees parties agree that a final judgment in any such proceeding brought in any such court shall be conclusive and binding upon the Company parties and may be enforced in any other courts to whose jurisdiction the Company is parties are or may be subject, by suit upon such judgment.

Appears in 12 contracts

Samples: Equity Distribution Agreement (Highwoods Realty LTD Partnership), Distribution Agreement (Alliant Energy Corp), Equity Distribution Agreement (Highwoods Realty LTD Partnership)

Submission to Jurisdiction; Waiver of Jury Trial. No proceeding related to this Agreement or any Terms Agreement or any transactions contemplated hereby or thereby may be commenced, prosecuted or continued in any court other than the courts of the State of New York located in the City and County of New York or in the United States District Court for the Southern District of New York, which courts shall have jurisdiction over the adjudication of such matters, and the Company consents to the jurisdiction of such courts and personal service with respect thereto. The Company waives all right to trial by jury in any proceeding (whether based upon contract, tort or otherwise) in any way arising out of or relating to this Agreement or any Terms Agreement. The Company agrees that a final judgment in any such proceeding brought in any such court shall be conclusive and binding upon the Company it and may be enforced in any other courts to whose jurisdiction the Company it is or may be subject, by suit upon such judgment.

Appears in 6 contracts

Samples: Equity Offering Sales Agreement (PARTS iD, Inc.), Equity Offering Sales Agreement (HyreCar Inc.), Equity Offering Sales Agreement (One Liberty Properties Inc)

Submission to Jurisdiction; Waiver of Jury Trial. No proceeding related to this Agreement or any Terms Agreement or any the transactions contemplated hereby or thereby may be commenced, prosecuted or continued in any court other than the courts of the State of New York located in the City and County of New York or in the United States District Court for the Southern District of New York, which courts shall have jurisdiction over the adjudication of such matters, and the Company hereby consents to the jurisdiction of such courts and personal service with respect thereto. The Company hereby waives all right to trial by jury in any proceeding (whether based upon contract, tort or otherwise) in any way arising out of or relating to this Agreement or any Terms Agreement. The Company agrees that a final judgment in any such proceeding brought in any such court shall be conclusive and binding upon the Company and may be enforced in any other courts to whose in the jurisdiction of which the Company is or may be subject, by suit upon such judgment.

Appears in 5 contracts

Samples: Underwriting Agreement (HollyFrontier Corp), Purchase Agreement (Northern Oil & Gas, Inc.), Underwriting Agreement (Northern Oil & Gas, Inc.)

Submission to Jurisdiction; Waiver of Jury Trial. No proceeding related to this Agreement or any Terms Agreement or any transactions contemplated hereby or thereby may be commenced, prosecuted or continued in any court other than the courts of the State of New York located in the City and County of New York or in the United States District Court for the Southern District of New York, which courts shall have jurisdiction over the adjudication of such matters, and the Company Trust consents to the jurisdiction of such courts and personal service with respect thereto. The Company Trust waives all right to trial by jury in any proceeding (whether based upon contract, tort or otherwise) in any way arising out of or relating to this Agreement or any Terms Agreement. The Company Trust agrees that a final judgment in any such proceeding brought in any such court shall be conclusive and binding upon the Company Trust and may be enforced in any other courts to whose jurisdiction the Company Trust is or may be subject, by suit upon such judgment.

Appears in 3 contracts

Samples: Terms Agreement (Universal Health Realty Income Trust), Equity Offeringsm Sales Agreement (Universal Health Realty Income Trust), Terms Agreement (Universal Health Realty Income Trust)

Submission to Jurisdiction; Waiver of Jury Trial. No proceeding related to this Agreement or any Terms Agreement or any transactions contemplated hereby or thereby may be commenced, prosecuted or continued in any court other than the courts of the State of New York located in the City and County of New York or in the United States District Court for the Southern District of New York, which courts shall have jurisdiction over the adjudication of such matters, and the Company and each other party hereto hereby consents to the jurisdiction of such courts and personal service with respect thereto. The Company and each other party hereto hereby waives all right to trial by jury in any proceeding (whether based upon contract, tort or otherwise) in any way arising out of or relating to this Agreement or any Terms Agreement. The Company agrees and each other party hereto agree that a final judgment in any such proceeding brought in any such court shall be conclusive and binding upon the Company and such other party and may be enforced in any other courts to whose in the jurisdiction of which the Company is and such other party are or may be subject, by suit upon such judgment.

Appears in 3 contracts

Samples: Registration Rights Agreement (Hunt Companies Finance Trust, Inc.), Registration Rights Agreement (Five Oaks Investment Corp.), Registration Rights Agreement (Five Oaks Investment Corp.)

Submission to Jurisdiction; Waiver of Jury Trial. No proceeding related to this Agreement or any Terms Agreement or any the transactions contemplated hereby or thereby may be commenced, prosecuted or continued in any court other than the courts of the State of New York located in the City and County of New York or in the United States District Court for the Southern District of New York, which courts shall have jurisdiction over the adjudication of such matters, and the Company consents hereby consent to the jurisdiction of such courts and personal service with respect thereto. The Company waives hereby waive all right to trial by jury in any proceeding (whether based upon contract, tort or otherwise) in any way arising out of or relating to this Agreement or any Terms Agreement. The Company agrees that a final judgment in any such proceeding brought in any such court shall be conclusive and binding upon the Company and may be enforced in any other courts to whose in the jurisdiction of which the Company is are or may be subject, by suit upon such judgment.

Appears in 2 contracts

Samples: Registration Rights Agreement (General Cable Corp /De/), Registration Rights Agreement (Ionatron, Inc.)

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Submission to Jurisdiction; Waiver of Jury Trial. No proceeding related to this Agreement or any Terms Agreement or any the transactions contemplated hereby or thereby may be commenced, prosecuted or continued in any court other than the courts of the State of New York located in the City and County of New York or in the United States District Court for the Southern District of New York, which courts shall have jurisdiction over the adjudication of such matters, and the Company hereby consents to the jurisdiction of such courts and personal service with respect thereto. The Each of the Company and the Underwriters hereby waives all right to trial by jury in any proceeding (whether based upon contract, tort or otherwise) in any way arising out of or relating to this Agreement or any Terms Agreement. The Each of the Company and the Underwriters agrees that a final judgment in any such proceeding brought in any such court shall be conclusive and binding upon the Company and the Underwriters and may be enforced in any other courts to whose in the jurisdiction of which the Company is or may be subject, by suit upon such judgment.

Appears in 1 contract

Samples: Purchase Agreement (General Cable Corp /De/)

Submission to Jurisdiction; Waiver of Jury Trial. No proceeding related to this Agreement or any Terms Agreement or any the transactions contemplated hereby or thereby may be commenced, prosecuted or continued in any court other than the courts of the State of New York located in the City and County of New York or in the United States District Court for the Southern District of New York, which courts shall have jurisdiction over the adjudication of such matters, and the Company consents hereby consent to the jurisdiction of such courts and personal service with respect thereto. The Company hereby waives all right to trial by jury in any proceeding (whether based upon contract, tort or otherwise) in any way arising out of or relating to this Agreement or any Terms Agreement. The Company agrees that a final judgment in any such proceeding brought in any such court shall be conclusive and binding upon the Company itself and may be enforced in any other courts to whose in the jurisdiction of which the Company is or may be subject, by suit upon such judgment.

Appears in 1 contract

Samples: Underwriting Agreement (Allied Waste Industries Inc)

Submission to Jurisdiction; Waiver of Jury Trial. No proceeding related to this Agreement or any Terms Agreement or any the transactions contemplated hereby or thereby may be commenced, prosecuted or continued in any court other than the courts of the State of New York located in the City and County of New York or in the United States District Court for the Southern District of New York, which courts shall have jurisdiction over the adjudication of such matters, and the Company hereby consents to the jurisdiction of such courts and personal service with respect thereto. The Company hereby waives all right to trial by jury in any proceeding (whether based upon contract, tort or otherwise) in any way arising out of or relating to this Agreement or any Terms Agreement. The Company agrees that a final judgment in any such proceeding brought in any such court shall be conclusive and binding upon the Company and may be enforced in any other courts to whose jurisdiction the Company is or may be subject, by suit upon such judgment.

Appears in 1 contract

Samples: Underwriting Agreement (Kb Home)

Submission to Jurisdiction; Waiver of Jury Trial. No proceeding related to this Agreement Agreement, any Confirmation or any Terms Agreement or any transactions contemplated hereby or thereby may be commenced, prosecuted or continued in any court other than the courts of the State of New York located in the City and County of New York or in the United States District Court for the Southern District of New York, which courts shall have jurisdiction over the adjudication of such matters, and the Company consents to the jurisdiction of such courts and personal service with respect thereto. The Company waives all right to trial by jury in any proceeding (whether based upon contract, tort or otherwise) in any way arising out of or relating to this Agreement Agreement, any Confirmation or any Terms Agreement. The Company agrees that a final judgment in any such proceeding brought in any such court shall be conclusive and binding upon the Company and may be enforced in any other courts to whose jurisdiction the Company is or may be subject, by suit upon such judgment.

Appears in 1 contract

Samples: Sales Agreement (UDR, Inc.)

Submission to Jurisdiction; Waiver of Jury Trial. No proceeding related to this Agreement or any Terms Agreement or any the transactions contemplated hereby or thereby may be commenced, prosecuted or continued in any court other than the courts of the State of New York located in the City and County of New York or in the United States District Court for the Southern District of New York, which courts shall have jurisdiction over the adjudication of such matters, and the Company consents hereby consent to the jurisdiction of such courts and personal service with respect thereto. The Company waives hereby waive all right to trial by jury in any proceeding (whether based upon contract, tort or otherwise) in any way arising out of or relating to this Agreement or any Terms Agreement. The Company agrees that a final judgment in any such proceeding brought in any such court shall be conclusive and binding upon the Company and may be enforced in any other courts to whose in the jurisdiction of which the Company is are or may be subject, by suit upon such judgment.

Appears in 1 contract

Samples: Registration Rights Agreement (General Cable Corp /De/)

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