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

Waiver of Jury Trial, Punitive Damages, etc. Restricted -------------------------------------------- persons and 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 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 law, any right it may have to claim or recover in any such litigation any "Special Damages," as defined below, (b) certifies that no party hereto nor any representative 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 (c) acknowledges that it has been induced to enter into this 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. As used in this section, "Special Damages" includes all special, consequential, exemplary, or punitive damages (regardless of how named), but does not include any payments of funds which any party hereto has expressly promised to pay or deliver to any other party hereto.

Waiver of Jury Trial, Punitive Damages, etc. Restricted -------------------------------------------- persons ------------------------------------------- Persons and lender parties 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 Agreement or any other loan documents 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 Lenders to enter into this agreement Agreement and the other loan documents Loan Documents and make the loansLoans. Each Borrower and each lender party Lender Party hereby further (a) irrevocably waives, to the maximum extent not prohibited by lawLaw, any right it may have to claim or recover in any such litigation any "Special Damages," as defined below, (b) certifies that no party hereto nor any representative 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 (c) acknowledges that it has been induced to enter into this 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. As used in this section, "Special Damages" includes all special, consequential, exemplary, or punitive damages (regardless of how named), but does not include any payments of 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. Restricted -------------------------------------------- persons Persons and lender parties 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 Agreement or any other loan documents 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 Lenders to enter into this agreement Agreement and the other loan documents Loan Documents and make the loansLoans. Borrower and each lender party Lender Party hereby further (a) irrevocably waives, to the maximum extent not prohibited by lawLaw, any right it may have to claim or recover in any such litigation any "Special Damages," as defined below, (b) certifies that no party hereto nor any representative 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 (c) acknowledges that it has been induced to enter into this 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. As used in this section, "Special Damages" includes all special, consequential, exemplary, or punitive damages (regardless of how named), but does not include any payments of 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. Restricted -------------------------------------------- persons To the extent permitted by Law, Lender Parties, Parent and lender parties mutually Borrower hereby knowingly, voluntarily, and intentionally waive the right any rights they may have to a trial by jury in respect of any claim litigation based hereon, or directly or indirectly arising out of, under under, or in connection with, this agreement Agreement or any other loan documents contemplated to be executed in connection herewith Loan Document, or any course of conduct, course of dealingsdealing, statements (whether verbal or written) or actions of any partysuch Persons, Parent or Borrower. This waiver constitutes provision is a material inducement for lenders to enter Lender Parties' entering into this agreement Agreement and the other loan documents and make the loansLoan Documents. Parent, Borrower and each lender party Lender Party hereby further w (a) irrevocably waives, to the maximum extent not prohibited by lawLaw, any right it may have to claim or recover in any such litigation any "Special Damages," ", as defined below, (b) certifies that no party hereto nor any representative 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 (c) acknowledges that it has been induced to enter into this 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. As used in this section, "Special Damages" includes all special, consequential, exemplary, or punitive damages (regardless of how named), but does not include any payments of 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. Restricted -------------------------------------------- persons Persons and lender parties Lender Parties mutually hereby knowingly, voluntarily, and intentionally waive 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 Agreement or any other loan documents 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 Lenders to enter into this agreement and the other loan documents Loan Documents and make the loansLoans. Each Borrower and each lender party Lender Party hereby further (a) irrevocably waives, to the maximum extent not prohibited by lawLaw, any right it may have to claim or recover in any such litigation any "Special Damages," as defined below, (b) certifies that no party hereto nor any representative 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 (c) acknowledges that it has been induced to enter into this 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. As used in this section, "Special Damages" includes all special, consequential, exemplary, or punitive damages (regardless of how named), but does not include any payments of or funds which any party hereto has expressly promised to pay or deliver to any other party hereto.