Common use of Waiver of Jury Trial, Punitive Damages, etc Clause in Contracts

Waiver of Jury Trial, Punitive Damages, etc. Borrower and each Borrower-Related Party hereby knowingly, voluntarily, intentionally and irrevocably (a) waives, to the maximum extent not prohibited by law, any right Borrower and each Borrower-Related Party may have to a trial by jury in respect of any litigation based hereon, or directly or indirectly at any time arising out of, under or in connection with this Agreement or the Loan Documents or any transaction contemplated hereby or thereby or associated herewith or therewith, (b) waives, to the maximum extent not prohibited by law, any right Borrower and each Borrower-Related Party may have to claim or recover in any such litigation any “Special Damages”, as defined below, (c) certifies that no party hereto nor any representative of Lender or counsel for any party hereto has represented, expressly or otherwise, or implied that such party would not, in the event of litigation, seek to enforce the foregoing waivers, and (d) acknowledges that Lender has been induced to make the Loan to Borrower and to enter into the Loan Documents with Borrower and each Borrower-Related Party by, among other things, the waivers and certifications contained in this Section. As used in this Section, the term “Special Damages” means and includes special, consequential, exemplary or punitive damages (regardless of how named).

Waiver of Jury Trial, Punitive Damages, etc. Borrower and each Borrower-Related Each Party hereby knowingly, voluntarily, intentionally intentionally, and irrevocably (a) waives, to the maximum extent not prohibited by law, any right Borrower and each Borrower-Related Party it may have to a trial by jury in respect of any litigation based hereon, or directly or indirectly at any time arising out of, under or in connection with this the Agreement or the Loan Documents or any transaction contemplated hereby or thereby or associated herewith or therewith, before or after maturity; (b) waives, to the maximum extent not prohibited by law, any right Borrower and each Borrower-Related Party it may have to claim or recover in any such litigation any “Special Damages”, ” as defined below, (c) certifies that no party Party hereto nor any representative of Lender or agent or counsel for any party Party hereto has represented, expressly or otherwise, or implied that such party Party would not, in the event of litigation, seek to enforce the foregoing waivers, and (d) acknowledges that Lender it has been induced to make the Loan to Borrower and to enter into this Agreement and the Loan Documents with Borrower transactions contemplated hereby and each Borrower-Related Party thereby by, among other things, the mutual waivers and certifications contained in this Section. As used in this Section, the term “Special Damages” means and includes all special, consequential, exemplary exemplary, or punitive damages (regardless of how named), but does not include any payments or funds which any Party hereto has expressly promised to pay or deliver to any other Party hereto.

Waiver of Jury Trial, Punitive Damages, etc. Borrower and each Borrower-Related Lender Party hereby knowingly, voluntarily, intentionally intentionally, and irrevocably (a) waives, to the maximum extent not prohibited by lawLaw, any right Borrower and each Borrower-Related Party it may have to a trial by jury in respect of any litigation based hereon, or directly or indirectly at any time arising out of, under or in connection with this Agreement or the Loan Documents or any transaction contemplated hereby or thereby or associated herewith or therewith, before or after maturity; (b) waives, to the maximum extent not prohibited by lawLaw, any right Borrower and each Borrower-Related Party it may have to claim or recover in any such litigation any “Special Damages”, as defined below, (c) certifies that no party hereto nor any representative of Lender or agent or counsel for any party hereto has represented, expressly or otherwise, or implied that such party would not, in the event of litigation, seek to enforce the foregoing waivers, and (d) acknowledges that Lender it has been induced to make the Loan to Borrower and to enter into this Agreement, the other Loan Documents with Borrower and each Borrower-Related Party the transactions contemplated hereby and thereby by, among other things, the mutual waivers and certifications contained in this Sectionsection. As used in this Sectionsection, the term “Special Damages” means and includes all special, consequential, exemplary exemplary, or punitive damages (regardless of how named), but does not include any payments or funds which any party hereto has expressly promised to pay or deliver to any other party hereto.

Waiver of Jury Trial, Punitive Damages, etc. Each of the Borrower and each Borrower-Related Lender Party hereby knowingly, voluntarily, intentionally intentionally, and irrevocably (a) waives, to the maximum extent not prohibited by lawLaw, any right Borrower and each Borrower-Related Party it may have to a trial by jury in respect of any litigation based hereon, or directly or indirectly at any time arising out of, under or in connection with this Agreement or the Loan Documents or any transaction contemplated hereby or thereby or associated herewith or therewith, before or after maturity; (b) waives, to the maximum extent not prohibited by lawLaw, any right Borrower and each Borrower-Related Party they may have to claim or recover in any such litigation any “Special Damages”, as defined below, (c) certifies that no party hereto nor any representative of Lender or Agent or counsel for any party hereto has represented, expressly or otherwise, or implied that such party would not, in the event of litigation, seek to enforce the foregoing waivers, and (d) acknowledges that Lender it has been induced to make the Loan to Borrower and to enter into this Agreement, the other Loan Documents with Borrower and each Borrower-Related Party the transactions contemplated hereby and thereby by, among other things, the mutual waivers and certifications contained in this Sectionsection. As used in this Sectionsection, the term “Special Damages” means and includes all special, consequential, exemplary exemplary, or punitive damages (regardless of how named), but does not include any payments or funds which any party hereto has expressly promised to pay or deliver to any other party hereto.

Waiver of Jury Trial, Punitive Damages, etc. The Borrower and each Borrower-Related Lender Party hereby knowingly, voluntarily, intentionally intentionally, and irrevocably (a) waives, to the maximum extent not prohibited by lawLaw, any right Borrower and each Borrower-Related Party it may have to a trial by jury in respect of any litigation based hereon, or directly or indirectly at any time arising out of, under or in connection with this Agreement or the Loan Documents or any transaction contemplated hereby or thereby or associated herewith or therewith, before or after maturity; (b) waives, to the maximum extent not prohibited by lawLaw, any right Borrower and each Borrower-Related Party it may have to claim or recover in any such litigation any “Special Damages”, as defined below, (c) certifies that no party hereto nor any representative of Lender or agent or counsel for any party hereto has represented, expressly or otherwise, or implied that such party would not, in the event of litigation, seek to enforce the foregoing waivers, and (d) acknowledges that Lender it has been induced to make the Loan to Borrower and to enter into this Agreement, the other Loan Documents with Borrower and each Borrower-Related Party the transactions contemplated hereby and thereby by, among other things, the mutual waivers and certifications contained in this Sectionsection. As used in this Sectionsection, the term “Special Damages” means and includes all special, consequential, exemplary exemplary, or punitive damages (regardless of how named), but does not include any payments or funds which any party hereto has expressly promised to pay or deliver to any other party hereto.

Waiver of Jury Trial, Punitive Damages, etc. Borrower and each Borrower-Related Party hereby knowingly, voluntarily, intentionally and irrevocably (a) waives, to the maximum extent not prohibited by law, any right Borrower and each Borrower-Related Party may have to a trial by jury in respect of any litigation based hereon, or directly or indirectly at any time arising out of, under or in connection with this Agreement or the Loan Documents or any transaction contemplated hereby or thereby or associated herewith or therewith, (b) waives, to the maximum extent not prohibited by law, any right Borrower and each Borrower-Related Party may have to claim or recover in any such litigation any “Special Damages”, as defined below, (c) certifies that no party hereto nor any representative of Lender or counsel for any party hereto has represented, expressly or otherwise, or implied that such party would not, in the event of litigation, seek to enforce the foregoing waivers, and (d) acknowledges that Lender has been induced to make the Loan to Borrower and to enter into the Loan Documents with Borrower and each Borrower-Related Party by, among other things, the waivers and certifications contained in this Section. As used in this Section, the term “Special Damages” means and includes special, consequential, exemplary or punitive damages (regardless of how named).

Waiver of Jury Trial, Punitive Damages, etc. Borrower The Borrower, the Administrative Agent, on behalf of itself and each Borrower-Related other Administrative Agent Ixxxxxxxxx, and each Lender Party hereby knowingly, voluntarily, intentionally intentionally, and irrevocably (a) waives, to the maximum extent not prohibited by lawLaw, any right Borrower and each Borrower-Related Party it may have to a trial by jury in respect of any litigation based hereon, or directly or indirectly at any time arising out of, under or in connection with this Agreement or the Loan Documents or any transaction contemplated hereby or thereby or associated herewith or therewith, before or after maturity; (b) waives, to the maximum extent not prohibited by lawLaw, any right Borrower and each Borrower-Related Party it may have to claim or recover in any such litigation any “Special Damages”, as defined below, (c) certifies that no party hereto nor any representative of Lender or agent or counsel for any party hereto has represented, expressly or otherwise, or implied that such party would not, in the event of litigation, seek to enforce the foregoing waivers, and (d) acknowledges that Lender it has been induced to make the Loan to Borrower and to enter into this Agreement, the other Loan Documents with Borrower and each Borrower-Related Party the transactions contemplated hereby and thereby by, among other things, the mutual waivers and certifications contained in this Sectionsection. As used in this Sectionsection, the term “Special Damages” means and includes all special, consequential, exemplary exemplary, or punitive damages (regardless of how named), but does not include any payments or funds which any party hereto has expressly promised to pay or deliver to any other party hereto.

Waiver of Jury Trial, Punitive Damages, etc. Borrower Each Restricted Person and each Borrower-Related Holder Party that is a party to this Agreement hereby knowingly, voluntarily, intentionally intentionally, and irrevocably irrevocably: (a) waives, to the maximum extent not prohibited by lawLaw, any right Borrower and each Borrower-Related Party it may have to a trial by jury in respect of any litigation based hereon, or directly or indirectly at any time arising out of, under or in connection with this Agreement or the Loan Note Documents or any transaction contemplated hereby or thereby or associated herewith or therewith, before or after maturity; (b) waives, to the maximum extent not prohibited by lawLaw, any right Borrower and each Borrower-Related Party it may have to claim or recover in any such litigation any “Special Damages”, ” as defined below, , (c) certifies that no party hereto nor any and no representative of Lender or agent or counsel for any party hereto has represented, expressly or otherwise, or implied that such party would not, in the event of litigation, seek to enforce the foregoing waivers, and and (d) acknowledges that Lender it has been induced to make the Loan to Borrower and to enter into this Agreement, the Loan other Note Documents with Borrower and each Borrower-Related Party the transactions contemplated hereby and thereby by, among other things, the mutual waivers and certifications contained in this Sectionsection. As used in this Sectionsection, the term “Special Damages” means and includes all special, consequential, exemplary exemplary, or punitive damages (regardless of how named), but does not include any payments or funds that any party hereto has expressly promised to pay or deliver to any other party hereto.

Waiver of Jury Trial, Punitive Damages, etc. Borrower Restricted Persons and each Borrower-Related Party Lender Parties mutually hereby knowingly, voluntarily, and intentionally waive the right to a trial by jury in respect of any claim based hereon, arising out of, under or in connection with, this agreement or any other Loan Documents contemplated to be executed in connection herewith or any course of conduct, course of dealings, statements (whether verbal or written) or actions of any party. This waiver constitutes a material inducement for Lenders to enter into this Agreement and irrevocably the other Loan Documents and make the Loans. Borrower and each Lender Party hereby further (a) irrevocably waives, to the maximum extent not prohibited by lawLaw, any right Borrower and each Borrower-Related Party may have to a trial by jury in respect of any litigation based hereon, or directly or indirectly at any time arising out of, under or in connection with this Agreement or the Loan Documents or any transaction contemplated hereby or thereby or associated herewith or therewith, (b) waives, to the maximum extent not prohibited by law, any right Borrower and each Borrower-Related Party it may have to claim or to recover in any such litigation any “"Special Damages”, ," as defined below, (cb) certifies that no party hereto nor any representative of Lender or agent or counsel for any party hereto has represented, expressly or otherwise, or implied that such party would not, in the event of litigation, seek to enforce the foregoing waivers, and (dc) acknowledges that Lender it has been induced to make the Loan to Borrower and to enter into this Agreement, the other Loan Documents with Borrower and each Borrower-Related Party the transactions contemplated hereby and thereby by, among other things, the mutual waivers and certifications contained in this Sectionsection. As used in this Sectionsection, the term “"Special Damages” means and " includes all special, consequential, exemplary exemplary, or punitive damages (regardless of how named), but does not include any payments or funds which any party hereto has expressly promised to pay or deliver to any other party hereto.

Waiver of Jury Trial, Punitive Damages, etc. Borrower and each Borrower-Related Party hereby knowingly, voluntarily, intentionally and irrevocably (a) waiveswaive, to the maximum extent not prohibited by law, any right Borrower and each Borrower-Related Party may have to a trial by jury in respect of any litigation based hereon, or directly or indirectly at any time arising out of, under or in connection with this Agreement or the Loan Documents or any transaction contemplated hereby or thereby or associated herewith or therewith, (b) waiveswaive, to the maximum extent not prohibited by law, any right Borrower and each Borrower-Related Party may have to claim or recover in any such litigation any “Special Damages”, as defined below, (c) certifies certify that no party hereto nor any representative of Lender or counsel for any party hereto has represented, expressly or otherwise, or implied that such party would not, in the event of litigation, seek to enforce the foregoing waivers, and (d) acknowledges that Lender has been induced to make the Loan to Borrower and to enter into the Loan Documents with Borrower and each Borrower-Related Party by, among other things, the waivers and certifications contained in this Section. As used in this Section, the term “Special Damages” means and includes special, consequential, exemplary or punitive damages (regardless of how named).. Loan Agreement – Rosehill Reserve Xxxxxx County, Texas 39

Waiver of Jury Trial, Punitive Damages, etc. Borrower Borrowers and each Borrower-Related Party Lender hereby knowingly, voluntarily, intentionally intentionally, and irrevocably (a) waiveswaive, to the maximum extent not prohibited by law, any right Borrower and each Borrower-Related Party may have to a trial by jury in respect of any litigation based hereon, or directly or indirectly at any time arising out of, under or in connection with this Agreement or Agreement, the Loan Documents Note or any transaction contemplated hereby or and thereby or associated herewith or and therewith, before or after maturity; (b) waives, to the maximum extent not prohibited by law, any right Borrower and each Borrower-Related Party it may have to claim or recover in any such litigation any “"Special Damages”", as defined below, (c) ; certifies that no party hereto nor any representative of Lender or counsel for any party hereto has represented, expressly or otherwise, or implied that such party would not, in the event of litigation, seek to enforce the foregoing waivers, ; and (d) acknowledges that Lender it has been induced to make the Loan to Borrower and to enter into this Agreement, the Loan Documents with Borrower Note and each Borrower-Related Party the transactions contemplated hereby and thereby by, among other things, the mutual waivers and certifications contained in this Sectionsection. As as used in this Sectionsection, the term “"Special Damages” means and " includes all special, consequential, exemplary exemplary, or punitive damages (regardless of how named), but does not include any payments or funds which any party hereto has expressly promised to pay or deliver to any other party hereto.

Waiver of Jury Trial, Punitive Damages, etc. Each of the Borrower and each Borrower-Related Lender Party hereby knowingly, voluntarily, intentionally intentionally, and irrevocably (a) waives, to the maximum extent not prohibited by lawLaw, any right Borrower and each Borrower-Related Party it may have to a trial by jury in respect of any litigation based hereon, or directly or indirectly at any time arising out of, under or in connection with this Agreement or the Loan Documents or any transaction contemplated hereby or thereby or associated herewith or therewith, before or after maturity; (b) waives, to the maximum extent not prohibited by lawLaw, any right Borrower and each Borrower-Related Party they may have to claim or recover in any such litigation any “Special Damages”, as defined below, (c) certifies that no party hereto nor any representative of Lender or Agent or counsel for any party hereto has represented, expressly or otherwise, or implied that such party would not, in the event of litigation, seek to enforce the foregoing waivers, and (d) acknowledges that Lender it has been induced to make the Loan to Borrower and to enter into this Agreement, the other Loan Documents with Borrower and each Borrower-Related Party the transactions contemplated hereby and thereby by, among other things, the mutual waivers and certifications contained in this Section. As used in this Section, the term “Special Damages” means and includes all special, consequential, exemplary exemplary, or punitive damages (regardless of how named), but does not include any payments or funds which any party hereto has expressly promised to pay or deliver to any other party hereto.

Waiver of Jury Trial, Punitive Damages, etc. Borrower Each Credit Party and the Lender each Borrower-Related Party hereby knowingly, voluntarily, intentionally intentionally, and irrevocably (a) waives, to the maximum extent not prohibited by lawLaw, any right Borrower and each Borrower-Related Party it may have to a trial by jury in respect of any litigation based hereon, or directly or indirectly at any time arising out of, under or in connection with this Agreement or the Loan Transaction Documents or any transaction contemplated hereby or thereby or associated herewith or therewith, before or after maturity; (b) waives, to the maximum extent not prohibited by lawLaw, any right Borrower and each Borrower-Related Party it may have to claim or recover in any such litigation any “Special Damages”, ” as defined below, (c) certifies certifis that no party hereto nor any representative of Lender or agent or counsel for any party hereto has represented, expressly or otherwise, or implied that such party would not, in the event of litigation, seek to enforce the foregoing waivers, and (d) acknowledges that Lender it has been induced to make the Loan to Borrower and to enter into this Agreement, the Loan other Transaction Documents with Borrower and each Borrower-Related Party the transactions contemplated hereby and thereby by, among other things, the mutual waivers and certifications contained in this Section. As used in this Section, the term “Special Damages” means and includes all special, consequential, exemplary exemplary, or punitive damages (regardless of how named), but does not include any payments or funds which any party hereto has expressly promised to pay or deliver to any other party hereto.

Waiver of Jury Trial, Punitive Damages, etc. Borrower and each Borrower-Related Party Each party hereby knowingly, voluntarily, intentionally intentionally, and irrevocably (a) waives, to the maximum extent not prohibited by law, any right Borrower and each Borrower-Related Party it may have to a trial by jury in respect of any litigation based hereon, or directly or indirectly at any time arising out of, under or in connection with this the Agreement or the Loan Documents or any transaction contemplated hereby or thereby or associated herewith or therewith, before or after maturity; (b) waives, to the maximum extent not prohibited by law, any right Borrower and each Borrower-Related Party it may have to claim or recover in any such litigation any “Special Damages”, ” as defined below, (c) certifies that no party hereto nor any representative of Lender or agent or counsel for any party hereto has represented, expressly or otherwise, or implied that such party would not, in the event of litigation, seek to enforce the foregoing waivers, and (d) acknowledges that Lender it has been induced to make the Loan to Borrower and to enter into this Agreement and the Loan Documents with Borrower transactions contemplated hereby and each Borrower-Related Party thereby by, among other things, the mutual waivers and certifications contained in this Section. As used in this Section, the term “Special Damages” means and includes all special, consequential, exemplary exemplary, or punitive damages (regardless of how named), but does not include any payments or funds which any party hereto has expressly promised to pay or deliver to any other party hereto.

Waiver of Jury Trial, Punitive Damages, etc. Borrower and each Borrower-Related Party hereby knowingly, voluntarily, intentionally and irrevocably (a) waiveswaive, to the maximum extent not prohibited by law, any right Borrower and each Borrower-Related Party may have to a trial by jury in respect of any litigation based hereon, or directly or indirectly at any time arising out of, under or in connection with this Agreement or the Loan Documents or any transaction contemplated hereby or thereby or associated herewith or therewith, (b) waiveswaive, to the maximum extent not prohibited by law, any right Borrower and each Borrower-Related Party may have to claim or recover in any such litigation any “Special Damages”, as defined below, (c) certifies certify that no party hereto nor any representative of Lender or counsel for any party hereto has represented, expressly or otherwise, or implied that such party would not, in the event of litigation, seek to enforce the foregoing waivers, and (d) acknowledges that Lender has been induced to make the Loan to Borrower and to enter into the Loan Documents with Borrower and each Borrower-Related Party by, among other things, the waivers and certifications contained in this Section. As used in this Section, the term “Special Damages” means and includes special, consequential, exemplary or punitive damages (regardless of how named).. Loan Agreement – Rosehill ReserveHarris County, Texas 39

Waiver of Jury Trial, Punitive Damages, etc. Borrower Each Restricted Person and each Borrower-Related Lender Party hereby knowingly, voluntarily, intentionally intentionally, and irrevocably (a) waives, to the maximum extent not prohibited by lawLaw, any right Borrower and each Borrower-Related Party it may have to a trial by jury in respect of any litigation based hereon, or directly or indirectly at any time arising out of, under or in connection with this Agreement or the Loan Documents or any transaction contemplated hereby or thereby or associated herewith or therewith, before or after maturity; (b) waives, to the maximum extent not prohibited by lawLaw, any right Borrower and each Borrower-Related Party it may have to claim or recover in any such litigation any “Special Damages”, as defined below, (c) certifies that no party hereto nor any representative of Lender or agent or counsel for any party hereto has represented, expressly or otherwise, or implied that such party would not, in the event of litigation, seek to enforce the foregoing waivers, and (d) acknowledges that Lender it has been induced to make the Loan to Borrower and to enter into this Agreement, the other Loan Documents with Borrower and each Borrower-Related Party the transactions contemplated hereby and thereby by, among other things, the mutual waivers and certifications contained in this Sectionsection. As used in this Sectionsection, the term “Special Damages” means and includes all special, consequential, exemplary exemplary, or punitive damages (regardless of how named), but does not include any payments or funds which any party hereto has expressly promised to pay or deliver to any other party hereto.

Waiver of Jury Trial, Punitive Damages, etc. Borrower and each Borrower-Related Lender Party hereby knowingly, voluntarily, intentionally intentionally, and irrevocably (a) waives, to the maximum extent not prohibited by lawLaw, any right Borrower and each Borrower-Related Party it may have to a trial by jury in respect of any litigation based hereon, or directly or indirectly at any time arising out of, under or in connection with this Agreement or the Loan Documents or any transaction contemplated hereby or thereby or associated herewith or therewith, before or after maturity; (b) b waives, to the maximum extent not prohibited by lawLaw, any right Borrower and each Borrower-Related Party it may have to claim or recover in any such litigation any “"Special Damages”", as defined below, (c) certifies that no party hereto nor any representative of Lender or agent or counsel for any party hereto has represented, expressly or otherwise, or implied that such party would not, in the event of litigation, seek to enforce the foregoing waivers, and (d) acknowledges that Lender it has been induced to make the Loan to Borrower and to enter into this Agreement, the other Loan Documents with Borrower and each Borrower-Related Party the transactions contemplated hereby and thereby by, among other things, the mutual waivers and certifications contained in this Sectionsection. As used in this Sectionsection, the term “"Special Damages” means and " includes all special, consequential, exemplary exemplary, or punitive damages (regardless of how named), but does not include any payments or funds which any party hereto has expressly promised to pay or deliver to any other party hereto.

Waiver of Jury Trial, Punitive Damages, etc. Borrower Each Credit Party and each Borrower-Related Lender Party that is a party to this Agreement hereby knowingly, voluntarily, intentionally intentionally, and irrevocably with and upon the advice of competent counsel: (a) waives, relinquishes and forever foregoes, to the maximum extent not prohibited by lawLaw, any right Borrower and each Borrower-Related Party it may have to a trial by jury in respect of any litigation based hereon, or directly or indirectly at any time arising out of, under or in connection with this Agreement or the Loan Documents or any transaction contemplated hereby or thereby or associated herewith or therewith, before or after maturity, in each of the foregoing cases whether sounding in contract, tort or otherwise, (b) waives, to the maximum extent not prohibited by lawLaw, any right Borrower and each Borrower-Related Party it may have to claim or recover in any such litigation any “Special Damages”, ” as defined below, , (c) certifies that no party hereto nor any and no representative of Lender or agent or counsel for any party hereto has represented, expressly or otherwise, or implied that such party would not, in the event of litigation, seek to enforce the foregoing waivers, and , (d) acknowledges that Lender it has been induced to make the Loan to Borrower and to enter into this Agreement, the other Loan Documents with Borrower and each Borrower-Related Party the transactions contemplated hereby and thereby by, among other things, the mutual waivers and certifications contained in this Sectionsection, and (e) agrees that in no event will any Lender Party be subject to any equitable remedy or relief, including specific performance, arising from or relating to any default by such Lender Party in the performance of any of its obligations hereunder. As used in this Sectionsection, the term “Special Damages” means and includes specialall punitive, consequential, exemplary special or punitive other damages (regardless of how named), but does not include any payments or funds that any party hereto has expressly promised to pay or deliver to any other party hereto.

Waiver of Jury Trial, Punitive Damages, etc. Borrower -------------------------------------------- and each Borrower-Related Lender Party hereby knowingly, voluntarily, intentionally intentionally, and irrevocably (a) waives, to the maximum extent not prohibited by lawLaw, any right Borrower and each Borrower-Related Party it may have to a trial by jury in respect of any litigation based hereon, or directly or indirectly at any time arising out of, under or in connection with this Agreement or the Loan Documents or any transaction contemplated hereby or thereby or associated herewith or therewith, before or after maturity; (b) waives, to the maximum extent not prohibited by lawLaw, any right Borrower and each Borrower-Related Party it may have to claim or recover in any such litigation any “"Special Damages”", as defined below, (c) certifies that no party hereto nor any representative of Lender or agent or counsel for any party hereto has represented, expressly or otherwise, or implied that such party would not, in the event of litigation, seek to enforce the foregoing waivers, and (d) acknowledges that Lender it has been induced to make the Loan to Borrower and to enter into this Agreement, the other Loan Documents with Borrower and each Borrower-Related Party the transactions contemplated hereby and thereby by, among other things, the mutual waivers and certifications contained in this Sectionsection. As used in this Sectionsection, the term “"Special Damages” means and " includes all special, consequential, exemplary exemplary, or punitive damages (regardless of how named), but does not include any payments or funds which any party hereto has expressly promised to pay or deliver to any other party hereto.

Waiver of Jury Trial, Punitive Damages, etc. To the extent -------------------------------------------- permitted by Law, Lender Parties, Parent and Borrower and each Borrower-Related Party hereby knowingly, voluntarily, and intentionally and irrevocably (a) waives, to the maximum extent not prohibited by law, waive any right Borrower and each Borrower-Related Party rights they may have to a trial by jury in respect of any litigation based hereon, or directly or indirectly at any time arising out of, under under, or in connection with with, this Agreement or the any other Loan Documents Document, or any transaction contemplated course of conduct, course of dealing, statements (whether verbal or written) or actions of such Persons, Parent or Borrower. This provision is a material inducement for Lender Parties' entering into this Agreement and the other Loan Documents. Parent, Borrower and each Lender Party hereby or thereby or associated herewith or therewith, further (ba) irrevocably waives, to the maximum extent not prohibited by lawLaw, any right Borrower and each Borrower-Related Party it may have to claim or recover in any such litigation any “"Special Damages”", as defined below, (cb) certifies that no party hereto nor any representative of Lender or agent or counsel for any party hereto has represented, expressly or otherwise, or implied that such party would not, in the event of litigation, seek to enforce the foregoing waivers, and (dc) acknowledges that Lender it has been induced to make the Loan to Borrower and to enter into this Agreement, the other Loan Documents with Borrower and each Borrower-Related Party the transactions contemplated hereby and thereby by, among other things, the mutual waivers and certifications contained in this Sectionsection. As used in this Sectionsection, the term “"Special Damages” means and " includes all special, consequential, exemplary exemplary, or punitive damages (regardless of how named), but does not include any payments or funds which any party hereto has expressly promised to pay or deliver to any other party hereto.

Waiver of Jury Trial, Punitive Damages, etc. Each of Borrower and each Borrower-Related Lender Party hereby knowingly, voluntarily, intentionally intentionally, and irrevocably (a) waives, to the maximum extent not prohibited by lawLaw, any right Borrower and each Borrower-Related Party it may have to a trial by jury in respect of any litigation based hereon, or directly or indirectly at any time arising out of, under or in connection with this Agreement or the Loan Documents or any transaction contemplated hereby or thereby or associated herewith or therewith, before or after maturity; (b) waives, to the maximum extent not prohibited by lawLaw, any right Borrower and each Borrower-Related Party they may have to claim or recover in any such litigation any “Special Damages”, as defined below, (c) certifies that no party hereto nor any representative of Lender or Agent or counsel for any party hereto has represented, expressly or otherwise, or implied that such party would not, in the event of litigation, seek to enforce the foregoing waivers, and (d) acknowledges that Lender it has been induced to make the Loan to Borrower and to enter into this Agreement, the other Loan Documents with Borrower and each Borrower-Related Party the transactions contemplated hereby and thereby by, among other things, the mutual waivers and certifications contained in this Section. As used in this Section, the term “Special Damages” means and includes all special, consequential, exemplary exemplary, or punitive damages (regardless of how named), but does not include any payments or funds which any party hereto has expressly promised to pay or deliver to any other party hereto.

Waiver of Jury Trial, Punitive Damages, etc. Borrower and each Borrower-Related Lender Party hereby knowingly, voluntarily, intentionally intentionally, and irrevocably (a) waives, to the maximum extent not prohibited by lawLaw, any right Borrower and each Borrower-Related Party it may have to a trial by jury in respect of any litigation based hereon, or directly or indirectly at any time arising out of, under or in connection with this Agreement or the Loan Documents or any transaction contemplated hereby or thereby or associated herewith or therewith, before or after maturity; (b) waives, to the maximum extent not prohibited by lawLaw, any right Borrower and each Borrower-Related Party it may have to claim or recover in any such litigation any “"Special Damages”", as defined below, (c) certifies that no party hereto nor any representative of Lender or agent or counsel for any party hereto has represented, expressly or otherwise, or implied that such party would not, in the event of litigation, seek to enforce the foregoing waivers, and (d) acknowledges that Lender it has been induced to make the Loan to Borrower and to enter into this Agreement, the other Loan Documents with Borrower and each Borrower-Related Party the transactions contemplated hereby and thereby by, among other things, the mutual waivers and certifications contained in this Sectionsection. As used in this Sectionsection, the term “"Special Damages” means and " includes all special, consequential, exemplary exemplary, or punitive damages (regardless of how named), but does not include any payments or funds which any party hereto has expressly promised to pay or deliver to any other party hereto.

Waiver of Jury Trial, Punitive Damages, etc. Borrower and each Borrower-Related Party Each party hereby knowingly, voluntarily, intentionally intentionally, and irrevocably (a) waives, to the maximum extent not prohibited by law, any right Borrower and each Borrower-Related Party it may have to a trial by jury in respect of any litigation based hereon, or directly or indirectly at any time arising out of, under or in connection with this Agreement or the Loan Documents Warrant or any transaction contemplated hereby or thereby or associated herewith or therewith, before or after maturity; (b) waives, to the maximum extent not prohibited by law, any right Borrower and each Borrower-Related Party it may have to claim or recover in any such litigation any “Special Damages”, ” as defined below, (c) certifies that no party hereto nor any representative of Lender or agent or counsel for any party hereto has represented, expressly or otherwise, or implied that such party would not, in the event of litigation, seek to enforce the foregoing waivers, and (d) acknowledges that Lender it has been induced to make the Loan to Borrower and to enter into this Warrant and the Loan Documents with Borrower transactions contemplated hereby and each Borrower-Related Party thereby by, among other things, the mutual waivers and certifications contained in this Section. As used in this Section, the term “Special Damages” means and includes all special, consequential, exemplary exemplary, or punitive damages (regardless of how named), but does not include any payments or funds which any party hereto has expressly promised to pay or deliver to any other party hereto.

Waiver of Jury Trial, Punitive Damages, etc. Each Borrower and each Borrower-Related Party Lender hereby knowingly, voluntarily, intentionally intentionally, and irrevocably irrevocably: (a) waives, to the maximum extent not prohibited by law, any right Borrower and each Borrower-Related Party it may have to a trial by jury in respect of any litigation based hereon, or directly or indirectly at any time arising out of, under or in connection with this Agreement or the Loan Documents loan documents or any transaction contemplated hereby or thereby or associated herewith or therewith, before or after maturity, in each case whether now existing or hereafter arising, and whether founded in contract or tort or otherwise; and each party hereby agrees and consents that any such claim, demand, action or cause of action shall be decided by court trial without a jury, and that any party to this agreement may file an original counterpart or a copy of this Section 10.15 with any court as written evidence of the consent of the signatories hereto to the waiver of their right to trial by jury; (b) waives, to the maximum extent not prohibited by lawLaw, any right Borrower and each Borrower-Related Party it may have to claim or recover in any such litigation any “"Special Damages”", as defined below, ; (c) certifies that no party hereto nor any representative of Lender or agent or counsel for any party hereto has represented, expressly or otherwise, or implied that such party would not, in the event of litigation, seek to enforce the foregoing waivers, and ; and (d) acknowledges that Lender it has been induced to make the Loan to Borrower and to enter into this Agreement, the other Loan Documents with Borrower and each Borrower-Related Party the transactions contemplated hereby and thereby by, among other things, the mutual waivers and certifications contained in this Section. As used in this Section, the term “Special Damages” means and includes special, consequential, exemplary or punitive damages (regardless of how named)Section 10.15.

Waiver of Jury Trial, Punitive Damages, etc. Each of the Borrower and each Borrower-Related Lender Party hereby knowingly, voluntarily, intentionally intentionally, and irrevocably (a) waives, to the maximum extent not prohibited by lawLaw, any right Borrower and each Borrower-Related Party it may have to a trial by jury in respect of any litigation based hereon, or directly or indirectly at any time arising out of, under or in connection with this Agreement or the Loan Documents or any transaction contemplated hereby or thereby or associated herewith or therewith, before or after maturity; (b) waives, to the maximum extent not prohibited by lawLaw, any right Borrower and each Borrower-Related Party they may have to claim or recover in any such litigation any “"Special Damages”", as defined below, (c) certifies that no party hereto nor any representative of Lender or Administrative Agent or counsel for any party hereto has represented, expressly or otherwise, or implied that such party would not, in the event of litigation, seek to enforce the foregoing waivers, and (d) acknowledges that Lender it has been induced to make the Loan to Borrower and to enter into this Agreement, the other Loan Documents with Borrower and each Borrower-Related Party the transactions contemplated hereby and thereby by, among other things, the mutual waivers and certifications contained in this Sectionsection. As used in this Sectionsection, the term “"Special Damages” means and " includes all special, consequential, exemplary exemplary, or punitive damages (regardless of how named), but does not include any payments or funds which any party hereto has expressly promised to pay or deliver to any other party hereto.

Waiver of Jury Trial, Punitive Damages, etc. Borrower Each of the Purchasers and each Borrower-Related Party the Company hereby knowingly, voluntarily, intentionally and irrevocably (a) waives, to the maximum extent not prohibited by law, any right Borrower and each Borrower-Related Party it may have to a trial by a jury in respect of any litigation based hereon, or directly or indirectly at any time arising out of, under or in connection with this Agreement or the Loan Documents agreement or any transaction contemplated hereby or thereby or associated herewith or therewithherewith, (b) waives, to the maximum extent not prohibited by law, any right Borrower and each Borrower-Related Party it may have to claim or recover in any such litigation any “Special Damages”, "special damages," as defined below, (c) certifies that no party hereto nor any representative of Lender or counsel for any party hereto has represented, expressly or otherwise, or implied that such party would not, in the event of litigation, seek to enforce the foregoing waivers, and (d) acknowledges that Lender it has been induced to make the Loan to Borrower and to enter into this agreement and the Loan Documents with Borrower and each Borrower-Related Party transactions contemplated hereby by, among other things, the mutual waivers and certifications contained in this Sectionparagraph. As used in this Sectionparagraph, the term “Special Damages” means and "special damages" includes all special, consequential, exemplary or punitive damages (regardless of how named), but does not include any payments or funds which any party hereto has expressly promised to pay or deliver to any other party hereto.

Waiver of Jury Trial, Punitive Damages, etc. US Borrower and each Borrower-Related Lender Party hereby knowingly, voluntarily, intentionally intentionally, and irrevocably (a) waives, to the maximum extent not prohibited by lawLaw, any right Borrower and each Borrower-Related Party it may have to a trial by jury in respect of any litigation based hereon, or directly or indirectly at any time arising out of, under or in connection with this Agreement or the US Loan Documents or any transaction contemplated hereby or thereby or associated herewith or therewith, before or after maturity; (b) waives, to the maximum extent not prohibited by lawLaw, any right Borrower and each Borrower-Related Party it may have to claim or recover in any such litigation any “"Special Damages”", as defined below, (c) certifies that no party hereto nor any representative of Lender or agent or counsel for any party hereto has represented, expressly or otherwise, or implied that such party would not, in the event of litigation, seek to enforce the foregoing waivers, and (d) acknowledges that Lender it has been induced to make the Loan to Borrower and to enter into this Agreement, the other US Loan Documents with Borrower and each Borrower-Related Party the transactions contemplated hereby and thereby by, among other things, the mutual waivers and certifications contained in this Sectionsection. As used in this Sectionsection, the term “"Special Damages” means and " includes all special, consequential, exemplary exemplary, or punitive damages (regardless of how named), but does not include any payments or funds which any party hereto has expressly promised to pay or deliver to any other party hereto.

Waiver of Jury Trial, Punitive Damages, etc. Each Canadian Borrower and each Borrower-Related Lender Party hereby knowingly, voluntarily, intentionally intentionally, and irrevocably (a) waives, to the maximum extent not prohibited by lawLaw, any right Borrower and each Borrower-Related Party it may have to a trial by jury in respect of any litigation based hereon, or directly or indirectly at any time arising out of, under or in connection with this Agreement or the Canadian Loan Documents or any transaction contemplated hereby or thereby or associated herewith or therewith, before or after maturity; (b) waives, to the maximum extent not prohibited by lawLaw, any right Borrower and each Borrower-Related Party it may have to claim or recover in any such litigation any “"Special Damages”", as defined below, (c) certifies that no party hereto nor any representative of Lender or agent or counsel for any party hereto has represented, expressly or otherwise, or implied that such party would not, in the event of litigation, seek to enforce the foregoing waivers, and (d) acknowledges that Lender it has been induced to make the Loan to Borrower and to enter into this Agreement, the other Canadian Loan Documents with Borrower and each Borrower-Related Party the transactions contemplated hereby and thereby by, among other things, the mutual waivers and certifications contained in this Sectionsection. As used in this Sectionsection, the term “"Special Damages” means and " includes all special, consequential, exemplary exemplary, or punitive damages (regardless of how named), but does not include any payments or funds which any party hereto has expressly promised to pay or deliver to any other party hereto.