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 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 16 contracts

Samples: Sales Agency Agreement (Jumia Technologies AG), Atm Equity Offering Sales Agreement (Digital Realty Trust, L.P.), Atm Equity Offering Sales Agreement (Annovis Bio, 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 Agents 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 15 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 (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), and the Agents 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 14 contracts

Samples: Atm Equity Offering Sales Agreement (Cohen & Steers, Inc.), Atm Equity Offering Sales Agreement (Irobot Corp), Equity Distribution Agreement (Inovio Pharmaceuticals, 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 or partners, as the case may be, and affiliates), and the Agents 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: Atm Equity Offering Sales Agreement, Atm Equity Offering Sales Agreement (Armada Hoffler Properties, Inc.), Atm Equity Offering Sales Agreement (Armada Hoffler Properties, Inc.)

Trial by Jury. Each of the Company and the Operating Partnership (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), and the Agents 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 9 contracts

Samples: Equity Distribution Agreement (Extra Space Storage Inc.), Equity Distribution Agreement (Extra Space Storage Inc.), Equity Distribution Agreement (Extra Space Storage 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 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 9 contracts

Samples: Distribution Agreement (Paccar Financial Corp), Distribution Agreement (Paccar Financial Corp), Distribution Agreement (Paccar Financial 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), and the 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.), Atm Equity Offering Sales Agreement (Weingarten Realty Investors /Tx/), Atm Equity Offering Sales Agreement (Weingarten Realty Investors /Tx/)

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 Agents 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 5 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 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 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 The Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), ) and the Agents 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: Purchase 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 Agents 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: Atm Equity Offering Sales Agreement (CoreCivic, Inc.), Atm Equity Offering Sales Agreement (Ventas Inc), Atm Equity Offering Sales Agreement (Team 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 shareholders and affiliates), ) and the Agents 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), the Operating Partnership, the Underwriters, the Forward Purchaser and the Agents 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 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: Atm Equity Offering Sales Agreement (Americold Realty Trust), Atm Equity Offering Sales Agreement, Atm Equity Offering Sales Agreement (Americold Realty Operating Partnership, L.P.)

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 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: Atm Equity Offering Sales Agreement (Essential Properties Realty Trust, Inc.), Atm Equity Offering Sales Agreement (Essential Properties Realty Trust, Inc.), Atm Equity Offering 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 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: Atm Equity Offering Sales Agreement (Wheaton Precious Metals Corp.), Atm Sales Agreement (Ascendis Pharma a/S), Atm Equity Offering Sales Agreement (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), the Operating Partnership, the Agent, the Forward Seller and the Agents 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 Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), ) and the Agents 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: At the Market Offering Agreement (Protalix BioTherapeutics, Inc.), Atm Equity Offering Sales Agreement (Protalix BioTherapeutics, Inc.), At the Market Offering 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 Agents 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), 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 each of the Agents 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: Underwriting Agreement (Sportsman's Warehouse Holdings, Inc.), Underwriting Agreement (Sportsman's Warehouse Holdings, Inc.), Underwriting Agreement (Sportsman's Warehouse Holdings, Inc.)

Trial by Jury. Each of the Company and the Guarantors (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), ) and each of the Agents 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 (Aar Corp), Purchase Agreement (Aar 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 affiliates) and affiliates), and the Agents 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 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 Agents 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: Atm Equity Offering Sales Agreement (Tattooed Chef, Inc.), Atm Equity Offering Sales Agreement (Tattooed Chef, 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 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 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 Agents 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: Continuous Offering Program Sales Agreement (Navios Maritime Acquisition CORP), Continuous Offering Program Sales Agreement (Navios Maritime Acquisition CORP)

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 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 Distribution Agreement (Hawaiian Electric Co Inc), Equity Distribution Agreement (Northwest Natural Holding Co)

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 Agents 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 and affiliates), the Operating Partnership and each of the 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 Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), ) and the Agents Dealer Manager 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: Dealer Manager Agreement (Seaport Entertainment Group Inc.), Dealer Manager Agreement (Seaport Entertainment Group 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 Agents 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: Atm Equity Offering Sales Agreement (REGENXBIO Inc.), Sales Agreement (REGENXBIO 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 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 2 contracts

Samples: Atm Equity Offering Sales Agreement (Essential Properties Realty Trust, Inc.), Atm 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 Partnership and each of the Agents 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 The Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), and the 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: Underwriting Agreement (Vesta Real Estate Corporation, S.A.B. De C.V.), 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 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 Agents 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 Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), and each of the 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: Atm Equity Offering Sales Agreement (Uniti Group Inc.), Atm Equity Offering 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 shareholders and affiliates), and the 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: Underwriting Agreement (Piedmont Lithium Inc.), Underwriting Agreement (Piedmont Lithium 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 Agents 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 and affiliates), the Operating Partnership, the Underwriter, the Forward Purchaser and the Agents 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 The Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), ) and the Agents 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), and the 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: Atm Equity Offering Sales Agreement (Southern California Gas Co)

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

Trial by Jury. Each of the Company and the Operating Partnership (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), and the Sales 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 (Extra Space Storage 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 Agents 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), the Selling Stockholder (on its behalf and, to the extent permitted by applicable law, on behalf of its equity holders and affiliates) and the Agents 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 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 Agents 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.. NY\5751006

Appears in 1 contract

Samples: Purchase Agreement (Carriage Services Inc)

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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 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 The Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), ) and the Agents 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 shareholders and affiliates), ) and the Agents 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 The Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders shareholders and affiliates), ) and the Agents 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), ) and the Agents 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 Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), the Selling Stockholders and the Agents 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: Atm Equity Offering 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 and affiliates), ) and the Agents 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), 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 Agents 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 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 Agents 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: Atm Equity Offering Sales Agreement (Peakstone 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 shareholders and affiliates), the Operating Partnership and the Agents 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), the Manager and the Agents 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: Atm Equity Offering Sales Agreement (Armour Residential REIT, Inc.)

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 Agents 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: Securities Purchase and Registration Rights Agreement (Spire 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 Agents 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: Atm Equity Offering Sales Agreement (Tanger Properties LTD Partnership /Nc/)

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 Agents 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 Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), ) and the Agents 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 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 Agents 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 Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders shareholders and affiliates), and the Agents 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: Atm Equity Offering Sales Agreement (REE Automotive Ltd.)

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), the Selling Shareholders and the Agents 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 (Atlantic Capital Bancshares, 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 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 Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), the Agents and the Agents 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: Atm Equity Offering Sales Agreement (Lithia Motors 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 Agents 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 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 stockholders, partners and affiliates), ) and the 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: Atm Equity Offering Sales Agreement (American Healthcare REIT, 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 Agents 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: Equity Distribution Agreement (NETSTREIT Corp.)

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 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 The Company (on its behalf and, to the extent permitted by applicable law, on behalf of its stockholders and affiliates), ) and the Agents 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 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 Agents 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 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: Atm Equity Offering Sales Agreement (Cedar Realty Trust, 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 Agents 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: Sales Agreement (Realty Income 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 Adviser, the Administrator and the Agents Sales Agent each 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 (MidCap Financial Investment Corp)

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