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

Waiver of Jury Trial, Punitive Damages, etc. EACH PARTY HERETO INCLUDING, WITHOUT LIMITATION, ANY RESTRICTED PERSON, HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (A) ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (X) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PERSON WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (Y) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.

Waiver of Jury Trial, Punitive Damages, etc. ISSUER, FOR ITSELF AND EACH PARTY HERETO INCLUDINGOF ITS SUBSIDIARIES, WITHOUT LIMITATIONAND THE HOLDERS HEREBY: (a) KNOWINGLY, ANY RESTRICTED PERSONVOLUNTARILY, HEREBY INTENTIONALLY, AND IRREVOCABLY WAIVESWAIVE, TO THE FULLEST MAXIMUM EXTENT PERMITTED NOT PROHIBITED BY APPLICABLE LAW, (A) ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL PROCEEDING LITIGATION BASED HEREON, OR DIRECTLY OR INDIRECTLY AT ANY TIME ARISING OUT OF OF, UNDER OR RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT IN CONNECTION WITH THE TRANSACTION DOCUMENTS OR THE TRANSACTIONS PURCHASE AND SALE OF ANY SECURITIES CONTEMPLATED HEREBY THEREBY OR THEREBY ASSOCIATED THEREWITH, BEFORE OR AFTER MATURITY; (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH b) CERTIFY THAT NO PARTY HERETO (X) CERTIFIES THAT NO REPRESENTATIVE, NOR ANY REPRESENTATIVE OR AGENT OR ATTORNEY OF COUNSEL FOR ANY OTHER PERSON PARTY HERETO HAS REPRESENTED, EXPRESSLY OR OTHERWISE, OR IMPLIED THAT SUCH OTHER PERSON PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND WAIVERS; AND (Yc) ACKNOWLEDGES ACKNOWLEDGE THAT IT AND THE OTHER PARTIES HERETO HAVE HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT AGREEMENT, THE OTHER TRANSACTION DOCUMENTS AND THE OTHER LOAN DOCUMENTS TRANSACTIONS CONTEMPLATED HEREBY AND THEREBY BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS CONTAINED IN THIS SECTION.

Waiver of Jury Trial, Punitive Damages, etc. EACH PARTY HERETO INCLUDINGEach party hereto hereby: (a) KNOWINGLY, WITHOUT LIMITATIONVOLUNTARILY, ANY RESTRICTED PERSONINTENTIONALLY, HEREBY AND IRREVOCABLY WAIVES, TO THE FULLEST MAXIMUM EXTENT PERMITTED NOT PROHIBITED BY APPLICABLE LAW, (A) ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL PROCEEDING LITIGATION BASED HEREON, OR DIRECTLY OR INDIRECTLY AT ANY TIME ARISING OUT OF OF, UNDER OR RELATING TO IN CONNECTION WITH THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY ASSOCIATED HEREWITH, BEFORE OR AFTER MATURITY; (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (Xb) CERTIFIES THAT NO REPRESENTATIVE, PARTY HERETO NOR ANY REPRESENTATIVE OR AGENT OR ATTORNEY OF COUNSEL FOR ANY OTHER PERSON PARTY HERETO HAS REPRESENTED, EXPRESSLY OR OTHERWISE, OR IMPLIED THAT SUCH OTHER PERSON PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND WAIVERS; AND (Yc) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS TRANSACTIONS CONTEMPLATED HEREBY BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS CONTAINED IN THIS SECTION.

Waiver of Jury Trial, Punitive Damages, etc. ISSUER, FOR ITSELF AND EACH PARTY HERETO INCLUDINGOF ITS SUBSIDIARIES, WITHOUT LIMITATIONAND THE HOLDERS HEREBY: (a) KNOWINGLY, ANY RESTRICTED PERSONVOLUNTARILY, HEREBY INTENTIONALLY, AND IRREVOCABLY WAIVESWAIVE, TO THE FULLEST MAXIMUM EXTENT PERMITTED NOT PROHIBITED BY APPLICABLE LAW, (A) ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL PROCEEDING LITIGATION BASED HEREON, OR DIRECTLY OR INDIRECTLY AT ANY TIME ARISING OUT OF OF, UNDER OR RELATING TO IN CONNECTION WITH THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY AMENDMENT; (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH b) CERTIFY THAT NO PARTY HERETO (X) CERTIFIES THAT NO REPRESENTATIVE, NOR ANY REPRESENTATIVE OR AGENT OR ATTORNEY OF COUNSEL FOR ANY OTHER PERSON PARTY HERETO HAS REPRESENTED, EXPRESSLY OR OTHERWISE, OR IMPLIED THAT SUCH OTHER PERSON PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND WAIVERS; AND (Yc) ACKNOWLEDGES ACKNOWLEDGE THAT IT AND THE OTHER PARTIES HERETO HAVE HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT AMENDMENT AND THE OTHER LOAN DOCUMENTS TRANSACTIONS CONTEMPLATED HEREBY BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS CONTAINED IN THIS SECTION.

Waiver of Jury Trial, Punitive Damages, etc. EACH PARTY HERETO INCLUDINGTHE GUARANTOR HEREBY KNOWINGLY, WITHOUT LIMITATIONVOLUNTARILY, ANY RESTRICTED PERSONINTENTIONALLY, HEREBY AND IRREVOCABLY (a) WAIVES, TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWIT MAY LAWFULLY AND EFFECTIVELY DO SO, (A) ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL PROCEEDING LITIGATION BASED HEREON, OR DIRECTLY OR INDIRECTLY AT ANY TIME ARISING OUT OF OF, UNDER OR RELATING TO THIS AGREEMENT IN CONNECTION WITH THE LOAN DOCUMENTS OR ANY TRANSACTION CONTEMPLATED THEREBY OR ASSOCIATED THEREWITH, BEFORE OR AFTER MATURITY; (b) WAIVES, TO THE MAXIMUM EXTENT IT MAY LAWFULLY AND EFFECTIVELY DO SO, ANY RIGHT IT MAY HAVE TO CLAIM OR RECOVER IN ANY SUCH LITIGATION ANY SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES OTHER LOAN DOCUMENT THAN, OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY (WHETHER BASED ON CONTRACTIN ADDITION TO, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (X) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PERSON WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER ACTUAL DAMAGES; AND (Yc) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT AND AGREEMENT, THE OTHER LOAN DOCUMENTS AND THE TRANSACTIONS CONTEMPLATED HEREBY AND THEREBY BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS CONTAINED IN THIS SECTION.

Waiver of Jury Trial, Punitive Damages, etc. EACH PARTY HERETO INCLUDING, WITHOUT LIMITATION, ANY RESTRICTED PERSON, HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (A) ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER LOAN NOTE DOCUMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (XA) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PERSON WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (YB) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT AND THE OTHER LOAN NOTE DOCUMENTS BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.