Common use of Trial by Jury Clause in Contracts

Trial by Jury. Each of the Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), and the Agent hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 13 contracts

Samples: Sales Agreement (Cohen & Steers, Inc.), Terms Agreement (Irobot Corp), Terms Agreement (RxSight, Inc.)

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Trial by Jury. Each of the The Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), the Adviser, the Administrator and the Sales Agent hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 10 contracts

Samples: Equity Distribution Agreement (PennantPark Floating Rate Capital Ltd.), Equity Distribution Agreement (PennantPark Floating Rate Capital Ltd.), Equity Distribution Agreement (PennantPark Floating Rate Capital Ltd.)

Trial by Jury. Each of the Company Transaction Entities (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders or partners, as the case may be, and affiliates), and the Agent hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 9 contracts

Samples: Terms Agreement, Equity Offeringsm Sales Agreement (Armada Hoffler Properties, Inc.), Equity Offeringsm Sales Agreement (Armada Hoffler Properties, Inc.)

Trial by Jury. Each of the Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), ) and the Agent Agents hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 8 contracts

Samples: Distribution Agreement (Paccar Financial Corp), Distribution Agreement (Paccar Financial Corp), Equity Sales Agreement (W. P. Carey Inc.)

Trial by Jury. Each of the Company Transaction Entities (on its own behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), ) and each of the Agent Agents hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 5 contracts

Samples: Distribution Agreement (Plymouth Industrial REIT, Inc.), Distribution Agreement (Plymouth Industrial REIT Inc.), Distribution Agreement (Plymouth Industrial REIT, Inc.)

Trial by Jury. Each of the Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), and the Agent Agents hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 5 contracts

Samples: Equity Sales Agreement (W. P. Carey Inc.), Equity Offeringsm Sales Agreement (Weingarten Realty Investors /Tx/), Equity Offering Sales Agreement (Weingarten Realty Investors /Tx/)

Trial by Jury. Each of the The Company (on its own behalf and, to the extent permitted by applicable law, on behalf of its stockholders shareholders and affiliates), ) and the Agent Xxxxxxxxxx hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 4 contracts

Samples: Underwriting Agreement (RedHill Biopharma Ltd.), Underwriting Agreement (Enlivex Therapeutics Ltd.), Underwriting Agreement (BioLineRx Ltd.)

Trial by Jury. Each of the Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), ) and the Agent Operating Partnership (on its behalf and, to the extent permitted by applicable law, on behalf of its limited partners and affiliates) and each of the Underwriters hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 4 contracts

Samples: Underwriting Agreement (Armada Hoffler Properties, Inc.), Underwriting Agreement (Armada Hoffler Properties, Inc.), Underwriting Agreement (Armada Hoffler Properties, Inc.)

Trial by Jury. Each of the Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), the Operating Partnership, the Underwriters, the Forward Purchaser and the Agent Forward Seller hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 4 contracts

Samples: Underwriting Agreement (STAG Industrial, Inc.), Underwriting Agreement (STAG Industrial, Inc.), Underwriting Agreement (STAG Industrial, Inc.)

Trial by Jury. Each of the Company Transaction Entities (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders shareholders or unitholders, as applicable, and affiliates), ) and the Agent Agents hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 4 contracts

Samples: Equity Offering Sales Agreement (Americold Realty Trust), Terms Agreement And, Terms Agreement (Americold Realty Operating Partnership, L.P.)

Trial by Jury. Each of the The Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), ) and the Agent Initial Purchaser hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 4 contracts

Samples: Letter Agreement (Ironwood Pharmaceuticals Inc), Purchase Agreement (Cypress Semiconductor Corp /De/), Purchase Agreement (Jakks Pacific Inc)

Trial by Jury. Each of the Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), and the each Agent hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 4 contracts

Samples: Equity Offeringsm Sales Agreement (CoreCivic, Inc.), Equity Offeringsm Sales Agreement (Ventas Inc), Equity Offeringsm Sales Agreement (Team Inc)

Trial by Jury. Each of the Company and the Operating Partnership (on its their respective behalf and, to the extent permitted by applicable law, on behalf of its their respective stockholders and affiliates), and the Agent Agents hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 3 contracts

Samples: Equity Offeringsm Sales Agreement (Essential Properties Realty Trust, Inc.), Equity Offeringsm Sales Agreement (Essential Properties Realty Trust, Inc.), Equity Offeringsm Sales Agreement (Essential Properties Realty Trust, Inc.)

Trial by Jury. Each of the Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders shareholders and affiliates), and the Agent Agents hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 3 contracts

Samples: Wheaton Precious Metals Corp., Sales Agreement (Ascendis Pharma a/S), Ascendis Pharma a/S

Trial by Jury. Each of the Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), ) and the Agent hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 3 contracts

Samples: Terms Agreement (Protalix BioTherapeutics, Inc.), Terms Agreement (Protalix BioTherapeutics, Inc.), Terms Agreement (Protalix BioTherapeutics, Inc.)

Trial by Jury. Each of the The Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), Affiliates) and each of the Agent Initial Purchasers hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 3 contracts

Samples: Purchase Agreement (Monster Worldwide, Inc.), Purchase Agreement (Huron Consulting Group Inc.), Purchase Agreement (Titan Machinery Inc.)

Trial by Jury. Each of the Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), the Operating Partnership, the Agent, the Forward Seller and the Agent Forward Purchaser hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 3 contracts

Samples: Equity Distribution Agreement (STAG Industrial, Inc.), Equity Distribution Agreement (STAG Industrial, Inc.), Equity Distribution Agreement (STAG Industrial, Inc.)

Trial by Jury. Each of the The Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders shareholders and affiliates), each Operating Partnership (on its behalf and, to the extent permitted by applicable law, on behalf of its limited partners and affiliates) and each of the Agent Underwriters hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 3 contracts

Samples: Lexington Realty Trust (Lexington Realty Trust), Underwriting Agreement (Lexington Realty Trust), Underwriting Agreement (Lexington Realty Trust)

Trial by Jury. Each of the The Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), the Operating Partnership and the Agent Xxxxxxx Xxxxx hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 2 contracts

Samples: Equity Distribution Agreement (STAG Industrial, Inc.), Equity Distribution Agreement (STAG Industrial, Inc.)

Trial by Jury. Each of the The Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders equityholders and affiliates), ) and the Agent hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Sales Agreement or the transactions contemplated hereby.

Appears in 2 contracts

Samples: Sales Agreement (Navios Maritime Acquisition CORP), Sales Agreement (Navios Maritime Acquisition CORP)

Trial by Jury. Each of the The Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), the Operating Partnership and the Agent [ ] hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 2 contracts

Samples: Equity Distribution Agreement (STAG Industrial, Inc.), Equity Distribution Agreement (STAG Industrial, Inc.)

Trial by Jury. Each of the The Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders affiliates) and affiliates), and the Agent each Purchaser hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 2 contracts

Samples: Purchase Agreement (Freeline Therapeutics Holdings PLC), Purchase Agreement (Adaptimmune Therapeutics PLC)

Trial by Jury. Each of the The Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), the Operating Partnership and each of the Agent Placement Agents hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 2 contracts

Samples: Placement Agency Agreement (NewLake Capital Partners, Inc.), Placement Agency Agreement (NewLake Capital Partners, Inc.)

Trial by Jury. Each of the The Company (on its own behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), the Operating Partnership and each of the Agent Underwriters and Forward Purchasers hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 2 contracts

Samples: Underwriting Agreement (NETSTREIT Corp.), Underwriting Agreement (NETSTREIT Corp.)

Trial by Jury. Each of the The Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders shareholders and affiliates), and the Agent ) hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 2 contracts

Samples: Underwriting Agreement (Piedmont Lithium Inc.), Underwriting Agreement (Piedmont Lithium LTD)

Trial by Jury. Each of the The Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), and the Agent ) hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 2 contracts

Samples: Underwriting Agreement (Vesta Real Estate Corporation, S.A.B. De C.V.), Underwriting Agreement (Piedmont Lithium LTD)

Trial by Jury. Each of the Company and the Selling Stockholder (each on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), and the Agent hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 2 contracts

Samples: Equity Offeringsm Sales Agreement (Tattooed Chef, Inc.), Equity Offeringsm Sales Agreement (Tattooed Chef, Inc.)

Trial by Jury. Each of the Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), and each of the Agent Agents hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 2 contracts

Samples: Equity Offeringsm Sales Agreement (Uniti Group Inc.), Equity Offeringsm Sales Agreement (Communications Sales & Leasing, Inc.)

Trial by Jury. Each of the The Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), ) and the Agent Agents hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 2 contracts

Samples: Equity Distribution Agreement (National Health Investors Inc), Equity Distribution Agreement (National Health Investors Inc)

Trial by Jury. Each of the The Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), the Operating Partnership and the Agent hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 2 contracts

Samples: Equity Distribution Agreement (STAG Industrial, Inc.), Equity Distribution Agreement (STAG Industrial, Inc.)

Trial by Jury. Each of the The Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), the Operating Partnership and each of the Agent Initial Purchasers hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 2 contracts

Samples: Purchase Agreement (Innovative Industrial Properties Inc), Purchase Agreement (Innovative Industrial Properties Inc)

Trial by Jury. Each of the Company and the Operating Partnership (on its behalf their respective behalves and, to the extent permitted by applicable law, on behalf of its their respective stockholders and affiliates), and the Agent Agents, the Forward Sellers and the Forward Purchasers hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 1 contract

Samples: Equity Offeringsm Sales Agreement (Tanger Properties LTD Partnership /Nc/)

Trial by Jury. Each of the The Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), ) and the Agent hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 1 contract

Samples: Equity Distribution Agreement (National Health Investors Inc)

Trial by Jury. Each of the Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), ) and the Agent hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 1 contract

Samples: Equity Offeringsm Sales Agreement (REGENXBIO Inc.)

Trial by Jury. Each of the The Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders shareholders and affiliates), and each of the Agent Agents hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 1 contract

Samples: Equity Distribution Agreement (Ryman Hospitality Properties, Inc.)

Trial by Jury. Each of the The Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), the Operating Partnership, the Advisor and each of the Agent Initial Purchaser hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 1 contract

Samples: Purchase Agreement (Braemar Hotels & Resorts Inc.)

Trial by Jury. Each of the The Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), and each of the Agent Initial Purchasers hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions Transactions contemplated hereby.

Appears in 1 contract

Samples: Purchase Agreement (Par Pacific Holdings, Inc.)

Trial by Jury. Each of the The Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), ) and the Placement Agent hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 1 contract

Samples: Placement Agency Agreement (Synthetic Biologics, Inc.)

Trial by Jury. Each of the Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), ) and the Agent Initial Purchasers hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 1 contract

Samples: Purchase Agreement (Mb Financial Inc /Md)

Trial by Jury. Each of the Company (on its own behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), ) and the Agent Purchasers hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this New Notes Purchase Agreement or the transactions contemplated hereby.

Appears in 1 contract

Samples: Registration Rights Agreement (Spire Inc)

Trial by Jury. Each of the The Company (on its own behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), ) and the each Agent and Forward Purchaser hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement, any Confirmation, any Terms Agreement or the transactions any transaction contemplated herebyhereby or thereby.

Appears in 1 contract

Samples: Terms Agreement (NETSTREIT Corp.)

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Trial by Jury. Each of the Company and the Operating Partnership (on its their respective behalf and, to the extent permitted by applicable law, on behalf of its their respective stockholders and affiliates), and the Agent Agents and the Forward Purchasers hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 1 contract

Samples: Equity Offering Sales Agreement (Essential Properties Realty Trust, Inc.)

Trial by Jury. Each of the The Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), the Operating Company and the Agent hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 1 contract

Samples: Distribution Agreement (Jernigan Capital, Inc.)

Trial by Jury. Each of the The Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), ) and the Agent Purchaser hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 1 contract

Samples: Purchase Agreement (Adaptimmune Therapeutics PLC)

Trial by Jury. Each of the The Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), ) and the Agent Initial Purchaser hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 1 contract

Samples: Purchase Agreement (Finisar Corp)

Trial by Jury. Each of the Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), the Selling Stockholders and the Agent hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 1 contract

Samples: Equity Offeringsm Sales Agreement (Diamondback Energy, Inc.)

Trial by Jury. Each of the The Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders shareholders and affiliates), the Operating Partnership and the Sales Agent hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 1 contract

Samples: Equity Distribution Agreement (Gramercy Property Trust)

Trial by Jury. Each of the Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), and the Agent Managers, Forward Sellers and Forward Purchasers hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 1 contract

Samples: Equity Distribution Agreement (Idaho Power Co)

Trial by Jury. Each of the Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders shareholders and affiliates), and the Agent hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 1 contract

Samples: Equity Offeringsm Sales Agreement (REE Automotive Ltd.)

Trial by Jury. Each of the The Company (on its own behalf and, to the extent permitted by applicable law, on behalf of its stockholders shareholders and affiliates), ) and the Agent Cantor hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 1 contract

Samples: Underwriting Agreement (RedHill Biopharma Ltd.)

Trial by Jury. Each of the The Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), ) and the Agent hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 1 contract

Samples: Equity Distribution Agreement (National Health Investors Inc)

Trial by Jury. Each of the Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), the Agents and the Agent Forward Purchasers hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 1 contract

Samples: Equity Offeringsm Sales Agreement (Lithia Motors Inc)

Trial by Jury. Each of the Company and the Operating Partnership (on its their respective behalf and, to the extent permitted by applicable law, on behalf of its stockholders their respective shareholders and affiliates), and the Agent Agents, the Forward Sellers and the Forward Purchasers hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 1 contract

Samples: Offeringsm Sales Agreement (Peakstone Realty Trust)

Trial by Jury. Each of the The Company (on its own behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), ) and each of the Agent Agents hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 1 contract

Samples: Equity Distribution Agreement (Northwest Natural Holding Co)

Trial by Jury. Each of the Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), ) and the Agent Manager (on its behalf and, to the extent permitted by applicable law, on behalf of its limited partners and affiliates) and Dealer Managers hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 1 contract

Samples: Dealer Manager Agreement (Lument Finance Trust, Inc.)

Trial by Jury. Each of the The Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders shareholders and affiliates), ) and the Placement Agent hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 1 contract

Samples: Placement Agency Agreement (ProQR Therapeutics N.V.)

Trial by Jury. Each of the Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), each of the Selling Stockholders (on its behalf and, to the extent permitted by applicable law, on behalf of its equity holders and affiliates) and the Agent Underwriter hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 1 contract

Samples: Underwriting Agreement (Sportsman's Warehouse Holdings, Inc.)

Trial by Jury. Each of the The Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), the Operating Company and the Agent Agents hereby irrevocably waiveswaive, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 1 contract

Samples: Equity Distribution Agreement (Jernigan Capital, Inc.)

Trial by Jury. Each of the The Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders shareholders and affiliates), ) and the each Agent hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 1 contract

Samples: Equity Sales Agreement (Lexington Realty Trust)

Trial by Jury. Each of the Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), the Operating Partnership, the Underwriter, the Forward Purchaser and the Agent Forward Seller hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 1 contract

Samples: Underwriting Agreement (Cedar Realty Trust, Inc.)

Trial by Jury. Each of the Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders shareholders and affiliates), ) and the Agent Placement Agents hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 1 contract

Samples: Placement Agency Agreement (Republic First Bancorp Inc)

Trial by Jury. Each of the Company (on its behalf andCompany, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), Agents and the Agent Forward Purchasers hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 1 contract

Samples: Terms Agreement (Realty Income Corp)

Trial by Jury. Each of the Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), the Selling Stockholder (on its behalf and, to the extent permitted by applicable law, on behalf of its equity holders and affiliates) and the Agent Underwriters hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 1 contract

Samples: Underwriting Agreement (Destination Xl Group, Inc.)

Trial by Jury. Each The Company, the Manager and each of the Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), and the Agent Agents hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 1 contract

Samples: Equity Distribution Agreement (KKR Real Estate Finance Trust Inc.)

Trial by Jury. Each of the Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), the Selling Securityholders and the Agent Underwriters hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 1 contract

Samples: Underwriting Agreement (Universal Technical Institute Inc)

Trial by Jury. Each of the Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), the Manager and the Agent hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 1 contract

Samples: Equity Offeringsm Sales Agreement (Armour Residential REIT, Inc.)

Trial by Jury. Each of the Company Transaction Entities and the Manager (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), ) and the Agent hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 1 contract

Samples: Agency Agreement (Bluerock Residential Growth REIT, Inc.)

Trial by Jury. Each of the Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), the Operating Partnership and the Agent Agents hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.

Appears in 1 contract

Samples: Equity Offeringsm Sales Agreement (Cedar Realty Trust, Inc.)

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