Waiver of Jury Trial and Setoff. The Payor hereby waives trial by jury in any litigation in any court with respect to, in connection with, or arising out of this Note or any instrument or document delivered pursuant to this Note, or the validity, protection, interpretation, collection or enforcement thereof, or any other claim or dispute howsoever arising, between any Payor and the Payee; and the Payor hereby waives the right to interpose any setoff or counterclaim or cross-claim in connection with any such litigation, irrespective of the nature of such setoff, counterclaim or cross-claim except to the extent that the failure so to assert any such setoff, counterclaim or cross-claim would permanently preclude the prosecution of the same.
Waiver of Jury Trial and Setoff. EACH OF BORROWER AND THE AGENT HEREBY WAIVES TRIAL BY JURY IN ANY LITIGATION IN ANY COURT WITH RESPECT TO, IN CONNECTION WITH, OR ARISING OUT OF THIS AGREEMENT, THE OTHER AGREEMENTS OR ANY INSTRUMENT OR DOCUMENT DELIVERED PURSUANT TO THIS AGREEMENT OR THE OTHER AGREEMENTS, OR THE VALIDITY, PROTECTION, INTERPRETATION, COLLECTION OR ENFORCEMENT THEREOF, OR ANY OTHER CLAIM OR DISPUTE, HOWSOEVER ARISING, BETWEEN BORROWER AND ANY OF THE BANKS OR THE AGENT, BETWEEN ANY BANKS AND BETWEEN THE AGENT AND ANY BANKS AND BORROWER HEREBY WAIVES THE RIGHT TO INTERPOSE ANY SETOFF, COUNTERCLAIM OR CROSS-CLAIM IN CONNECTION WITH ANY SUCH LITIGATION, IRRESPECTIVE OF THE NATURE OF SUCH SETOFF, COUNTERCLAIM OR CROSS-CLAIM (UNLESS SUCH SETOFF, COUNTERCLAIM OR CROSS-CLAIM COULD NOT, BY REASON OF ANY APPLICABLE FEDERAL OR STATE PROCEDURAL LAWS, BE INTERPOSED, PLEADED OR ALLEGED IN ANY OTHER ACTION).
Waiver of Jury Trial and Setoff. THE DEBTOR HEREBY WAIVES THE RIGHT TO INTERPOSE COUNTERCLAIMS OR SETOFFS OF ANY KIND AND DESCRIPTION IN ANY LITIGATION ARISING HEREUNDER AND WAIVES THE RIGHT IN ANY LITIGATION WITH SECURED PARTY (WHETHER OR NOT ARISING OUT OF OR RELATING TO THIS SECURITY AGREEMENT) TO TRIAL BY JURY.
Waiver of Jury Trial and Setoff. The Company hereby waives trial by jury in any litigation in any court with respect to, in connection with, or arising out of this Agreement, or any instrument or document delivered pursuant to this Agreement; and the Company hereby waives the right to interpose any setoff or noncompulsory counterclaim or cross-claim in connection with any such litigation, irrespective of the nature of such setoff, counterclaim or cross-claim.
Waiver of Jury Trial and Setoff. The Maker and Payee hereby ---------------------------------- waive trial by jury in any litigation in any court with respect to, in connection with, or arising out of this Note or any instrument or document delivered pursuant to this Note, or the validity, protection, interpretation, collection or enforcement thereof.
Waiver of Jury Trial and Setoff. In any litigation in any court with ------------------------------- respect to, in connection with, or arising out of this Agreement, any of the Revolving Loans, any of the Revolving Notes or other Loan Documents, or any instrument or document delivered pursuant to this Agreement, or the validity, protection, interpretation, collection or enforcement thereof, or any other claim or dispute howsoever arising, between any Credit Parties and the Lenders or the Agent, EACH CREDIT PARTY HEREBY, to the fullest extent it may effectively do so, waives the right to interpose any setoff, recoupment, counterclaim or cross-claim in connection with any such litigation, irrespective of the nature of such setoff, recoupment, counterclaim or cross-claim, unless such setoff, recoupment, counterclaim or cross-claim could not, by reason of any applicable procedural laws, be interposed, pleaded or alleged in any other action and waives any right to special, exemplary, consequential, or punitive damages; and EACH LENDER and EACH CREDIT PARTY WAIVES TRIAL BY JURY IN CONNECTION WITH ANY SUCH LITIGATION. EACH OF THE CREDIT PARTIES AGREES THAT THIS (S)12.7 IS A SPECIFIC AND MATERIAL ASPECT OF THIS AGREEMENT AND ACKNOWLEDGES THAT THE LENDERS WOULD NOT EXTEND TO THE BORROWERS ANY FINANCIAL ACCOMMODATIONS HEREUNDER IF THIS (S)12.7 WERE NOT PART OF THIS AGREEMENT.
Waiver of Jury Trial and Setoff. The Borrower hereby waives trial by jury in any litigation in any court with respect to, in connection with, or arising out of this Agreement or any other instrument or document delivered pursuant to this Agreement or the validity, protection, interpretation, collection or enforcement thereof or any other claim or dispute however arising between the Borrower and the Lender; and the Borrower hereby waives the right to interpose any setoff, counterclaim or cross-claim in connection with any such litigation, irrespective of the nature of such setoff, counterclaim or cross-claim. Borrower and Lender agree to use a Swiss mediator of mutual choice.
Waiver of Jury Trial and Setoff. Each of the Company and the Collateral Agent hereby waives trial by jury in any litigation in any court with respect to, in connection with, or arising out of this Agreement, the other agreements or any instrument or document delivered pursuant to this agreement or the other agreements, or the validity, protection, interpretation, collection or enforcement thereof, or any other claim or DISPUTE, HOWSOEVER ARISING, BETWEEN THE COMPANY AND ANY OF THE NOTEHOLDERS OR THE COLLATERAL AGENT, BETWEEN ANY NOTEHOLDERS, AND BETWEEN THE COLLATERAL AGENT AND ANY NOTEHOLDERS, AND THE COMPANY HEREBY WAIVES THE RIGHT TO INTERPOSE ANY SETOFF, COUNTERCLAIM OR CROSS-CLAIM IN CONNECTION WITH ANY SUCH LITIGATION, IRRESPECTIVE OF THE NATURE OF SUCH SETOFF, COUNTERCLAIM OR CROSS-CLAIM (UNLESS SUCH SETOFF, COUNTERCLAIM OR CROSS-CLAIM COULD NOT, BY REASON OF ANY APPLICABLE FEDERAL OR STATE PROCEDURAL LAWS, BE INTERPOSED, PLEADED OR ALLEGED IN ANY OTHER ACTION).
Waiver of Jury Trial and Setoff. The Company and the Guarantors hereby waive trial by jury in any litigation in any court with respect to, in connection with or arising out of this Agreement, or the Notes or any instrument or document delivered pursuant to this Agreement, or the validity, protection, interpretation, collection or enforcement thereof, or any other claim or dispute howsoever arising between the Company and the Guarantors and the Lenders; and the Company and the Guarantors hereby waive the right to interpose any setoff or counterclaim or cross-claim in connection with any such litigation, irrespective of the nature of such setoff, counterclaim or cross-claim, and further agree not to attempt to consolidate or join any other action or proceeding with an action or proceeding commenced by the Lenders.
Waiver of Jury Trial and Setoff. The Borrower hereby waives trial by jury in any litigation in any court with respect to, in connection with, or arising out of this Agreement, the Note or the Pledge Agreement or any instrument or document delivered pursuant to this Agreement or the validity, protection, interpretation, collection, or enforcement thereof, or any other claim or dispute howsoever arising.
