Trial by Jury Waived. 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 thereunder. 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.
Appears in 29 contracts
Samples: Insurance Agreement (Capital One Auto Finance Trust 2005-D), Insurance Agreement (Capital One Auto Receivables LLC), Insurance Agreement (Keycorp Student Loan Trust 2003-A)
Trial by Jury Waived. Each party of the parties hereto hereby waives, to the fullest extent permitted by law, any right it may have to a trial by jury in respect of any litigation arising directly or indirectly out of, under or in connection with this Agreement, any of the other Transaction Documents or any of the transactions contemplated hereunder or thereunder. Each party of the parties hereto (a) certifies that no representative, agent or attorney of any other party hereto has represented, expressly or otherwise, that it such other party would not, in the event of litigation, seek to enforce the foregoing waiver and (b) acknowledges that it has been induced to enter into this Agreement and the other Transaction Documents to which it is a party byparty, by among other things, this waiver.
Appears in 22 contracts
Samples: Spread Account Agreement (AmeriCredit Automobile Receivables Trust 2010-A), Spread Account Agreement (AmeriCredit Automobile Receivables Trust 2007-D-F), Spread Account Agreement (AmeriCredit Automobile Receivables Trust 2008-a-F)
Trial by Jury Waived. 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 thereunder. 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.
Appears in 13 contracts
Samples: Insurance and Indemnity Agreement (Triad Financial Special Purpose LLC), Insurance and Indemnity Agreement (United Pan Am Financial Corp), Insurance and Indemnity Agreement (Triad Financial Special Purpose LLC)
Trial by Jury Waived. 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 this Insurance Agreement or any of the transactions other Operative Agreements or any of the Transactions contemplated hereunder or thereunder. Each party hereto (aA) 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 (bB) acknowledges that it has been induced to enter into the Transaction Documents Operative Agreements to which it is a party by, among other things, this waiver.
Appears in 8 contracts
Samples: Insurance and Indemnity Agreement (Jetblue Airways Corp), Insurance and Indemnity Agreement (Jetblue Airways Corp), Insurance and Indemnity Agreement (Jetblue Airways Corp)
Trial by Jury Waived. 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 this Agreement or any of the transactions contemplated thereunder. Each party hereto (aA) 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 (bB) acknowledges that it has been induced to enter into the Transaction Documents to which it is a party this Agreement by, among other things, this waiver.
Appears in 7 contracts
Samples: Servicing Agreement (Banc of America Funding Corp), Servicing Agreement (J.P. Morgan Alternative Loan Trust 2006-A1), Servicing Agreement (Banc of America Funding 2006-5 Trust)
Trial by Jury Waived. Each party of the parties hereto hereby waives, to the fullest extent permitted by law, any right it may have to a trial by jury in respect of any litigation arising directly action or indirectly out of, proceeding to enforce or defend any rights under or in connection with this Agreement, any of the other Transaction Documents or any of the transactions contemplated hereunder or thereunder. Each party of the parties hereto (a) certifies that no representative, agent or attorney of any other party hereto has represented, expressly or otherwise, that it such other party would not, in the event of litigationany proceeding, seek to enforce the foregoing waiver waiver, and (b) acknowledges that it has been induced to enter into this Agreement and the other Transaction Documents to which it is a party by, among other things, this waiver.
Appears in 6 contracts
Samples: Collateral Management Agreement, Collateral Management Agreement (Taberna Realty Finance Trust), Collateral Management Agreement (Taberna Realty Finance Trust)
Trial by Jury Waived. 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 Company Documents or any of the transactions contemplated thereunder. Each party hereto (aA) 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 (bB) acknowledges that it has been induced to enter into the Transaction Company Documents to which it is a party by, among other things, this waiver.
Appears in 6 contracts
Samples: Insurance and Indemnity Agreement (Residential Asset Funding Corp), Insurance and Indemnity Agreement (Ikon Receivables LLC), Insurance and Indemnity Agreement (Ikon Receivables Funding LLC)
Trial by Jury Waived. 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 Transaction contemplated thereunder. Each party hereto (aA) 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 (bB) acknowledges that it has been induced to enter into the Transaction Documents to which it is a party by, among other things, this waiver.
Appears in 5 contracts
Samples: Insurance Agreement (First Investors Financial Services Group Inc), Insurance Agreement (First Investors Financial Services Group Inc), Insurance Agreement (First Investors Financial Services Group Inc)
Trial by Jury Waived. 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 Basic Documents or any of the transactions contemplated thereunder. Each party hereto (aA) 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 (bB) acknowledges that it has been induced to enter into the Transaction Basic Documents to which it is a party by, among other things, this waiver.
Appears in 5 contracts
Samples: Insurance and Indemnity Agreement (National Collegiate Student Loan Trust 2007-3), Insurance and Indemnity Agreement (National Collegiate Student Loan Trust 2007-4), Insurance and Indemnity Agreement (Alliance Laundry Systems LLC)
Trial by Jury Waived. 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 thereunder. Each party hereto (aA) 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 (bB) acknowledges that it has been induced to enter into the Transaction Documents to which it is a party by, among other things, this waiver.
Appears in 5 contracts
Samples: Insurance Agreement (Santander Drive Auto Receivables Trust 2007-3), Insurance Agreement (Santander Drive Auto Receivables Trust 2007-1), Insurance Agreement (T&w Financial Corp)
Trial by Jury Waived. 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 Operative Documents or any of the transactions contemplated thereunder. Each party hereto (aA) 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 (bB) acknowledges that it has been induced to enter into the Transaction Operative Documents to which it is a party by, among other things, this waiver.
Appears in 3 contracts
Samples: Insurance and Indemnity Agreement (AEGIS ASSET BACKED SECURITIES TRUST Mortgage Pass-Through Certificates, Series 2004-5), Insurance and Indemnity Agreement (Greenpoint Mortgage Funding Trust 2006-He1), Insurance and Indemnity Agreement (Equity One Abs Inc)
Trial by Jury Waived. 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 Company Documents or any of the transactions contemplated thereunder. Each party hereto (aA) 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 (bB) acknowledges that it has been induced to enter into the Transaction Company Documents to which it is a party by, among other things, this waiver.
Appears in 2 contracts
Samples: Insurance and Indemnity Agreement (Ikon Receivables LLC), Insurance and Indemnity Agreement (Ikon Receivables LLC)
Trial by Jury Waived. 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 thereunder. Each party hereto (aA) 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 (bB) acknowledges that it has been induced to enter into the Transaction Documents to which it is a party by, among other things, this waiver.
Appears in 2 contracts
Samples: Insurance and Indemnity Agreement (Indymac Abs Inc), Insurance and Indemnity Agreement (Indymac MBS Inc)
Trial by Jury Waived. 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 Operative Documents or the Certificate Insurance Policy or any of the transactions contemplated thereunder. Each party hereto (aA) 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 (bB) acknowledges that it has been induced to enter into the Transaction Operative Documents to which it is a party by, among other things, this waiver.
Appears in 2 contracts
Samples: Insurance and Indemnity Agreement (Bayview Financial Mortgage Pass-Through Certificates, Series 2005-B), Insurance and Indemnity Agreement (Bayview Financial Mortage Pass-Through Trust 2005-D)
Trial by Jury Waived. Each party of the parties hereto hereby waives, to the fullest extent permitted by law, any right it may have 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 this Agreement or any of the transactions contemplated thereunderhereunder. Each party of the parties hereto (a) certifies that no representative, agent or attorney of any other party hereto has represented, expressly or otherwise, that it such other party 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 this Agreement by, among other things, this waiver.
Appears in 2 contracts
Samples: Sinking Fund Account Agreement (Us Home Systems Inc /Tx), Sinking Fund Account Agreement (Equivest Finance Inc)
Trial by Jury Waived. 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 Operative Documents 37 or the Policy or any of the transactions contemplated thereunder. Each party hereto (aA) 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 (bB) acknowledges that it has been induced to enter into the Transaction Operative Documents to which it is a party (or, in the case of the Policy, the Insurer so acknowledges) by, among other things, this waiver.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust, Series 2007-FFC)
Trial by Jury Waived. 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 thereunder. Each party hereto (aA) certifies that no representative, agent or attorney of any party hereto has represented, expressly or otherwise, that it would not, in 55 the event of litigation, seek to enforce the foregoing waiver and (bB) acknowledges that it has been induced to enter into the Transaction Documents to which it is a party by, among other things, this waiver.
Appears in 1 contract
Samples: Insurance Agreement (Residential Asset Funding Corp)
Trial by Jury Waived. 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, Subsequent Transaction Documents or any of the transactions contemplated thereunder. Each party hereto (ai) certifies that no representative, agent or attorney of any party hereto has represented, expressly or otherwise, that it would not, in the event of Table of Contents litigation, seek to enforce the foregoing waiver and (bii) acknowledges that it has been induced to enter into the Transaction Documents to which it is a party by, among other things, this waiver.
Appears in 1 contract
Samples: Insurance Agreement (Mony Group Inc)
Trial by Jury Waived. 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 thereundertransaction. 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.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Bay View Capital Corp)
Trial by Jury Waived. Each party of the parties hereto hereby waives, to the fullest extent permitted by law, any right it may have 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 this Agreement or any of the transactions contemplated thereunderhereunder. Each party of the parties hereto (a) certifies that no representative, agent or attorney of any other party hereto has represented, expressly or otherwise, that it such other party 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, this Agreement by among other things, this waiver.
Appears in 1 contract
Samples: Replacement Cash Collateral Account Agreement (Americredit Corp)
Trial by Jury Waived. 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 Operative Documents, the Policy or any of the transactions Transactions contemplated thereunder. Each party hereto (aA) 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 (bB) acknowledges that it has been induced to enter into the Transaction Operative Documents to which it is a party (or, in the case of the Policy, the Insurer so acknowledges) by, among other things, this waiver.
Appears in 1 contract
Samples: Insurance and Indemnity Agreement (Indymac MBS Inc)
Trial by Jury Waived. 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 Operative Documents or the Policy or any of the transactions contemplated thereunder. Each party hereto (aA) 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 (bB) acknowledges that it has been induced to enter into the Transaction Operative Documents to which it is a party (or, in the case of the Policy, the Insurer so acknowledges) by, among other things, this waiver.
Appears in 1 contract
Samples: Insurance and Indemnity Agreement (Greenpoint Mortgage Funding Trust 2006-He1)
Trial by Jury Waived. 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, Subsequent Transaction Documents or any of the transactions contemplated thereunder. Each party hereto (ai) 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 (bii) acknowledges that it has been induced to enter into the Transaction Documents to which it is a party by, among other things, this waiver.
Appears in 1 contract
Trial by Jury Waived. 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 Operative Documents or any of the transactions Transactions contemplated thereunder. Each party hereto (aA) 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 (bB) acknowledges that it has been induced to enter into the Transaction Operative Documents to which it is a party by, among other things, this waiver.
Appears in 1 contract