Waiver of Jury Trial Right. EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THAT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY PROCEEDING. Each party hereby (i) certifies that no representative, agent or attorney of the other has represented, expressly or otherwise, that the other would not, in the event of a proceeding, seek to enforce the foregoing waiver and (ii) acknowledges that it has been induced to enter into this Agreement by, among other things, the mutual waivers and certifications in this paragraph.
Appears in 15 contracts
Samples: Investment Management Agreement, Investment Management Agreement (BRIGHTHOUSE LIFE INSURANCE Co OF NY), Investment Management Agreement (BRIGHTHOUSE LIFE INSURANCE Co)
Waiver of Jury Trial Right. EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THAT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY PROCEEDINGPROCEEDINGS. Each party hereby (ia) certifies that no representative, agent or attorney of the any other has represented, expressly or otherwise, that the such other would not, in the event of a proceedingProceeding, seek to enforce the foregoing waiver waiver; and (iib) acknowledges that it has been induced to enter into this Amendment Agreement by, among other things, the mutual waivers and certifications in this paragraph.
Appears in 7 contracts
Samples: Collateral Administration Agreement (CM Finance Inc), Third Amendment Agreement to 2002 Isda Master Agreement (CM Finance Inc), Isda Master Agreement (CM Finance Inc)
Waiver of Jury Trial Right. EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THAT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY PROCEEDING. Each party hereby (i) certifies that no representative, agent or attorney of the other has represented, expressly or otherwise, that the other would not, in the event of a proceedingany suit, action or proceedings relating to this Agreement or any matter between the parties arising under or in connection with this Agreement, seek to enforce the foregoing waiver and (ii) acknowledges that it has been induced to enter into this Agreement by, among other things, the mutual waivers and certifications in this paragraph.
Appears in 6 contracts
Samples: Collateral Administration Agreement (Silver Point Specialty Lending Fund), Collateral Administration Agreement (Silver Point Specialty Lending Fund), Collateral Administration Agreement (Saratoga Investment Corp.)
Waiver of Jury Trial Right. EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THAT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY PROCEEDING. Each party hereby (i) certifies that no representative, agent or attorney of the any other party has represented, expressly or otherwise, that the any other party would not, in the event of a proceedingProceeding, seek to enforce the foregoing waiver and (ii) acknowledges that it has been induced to enter into this Agreement by, among other things, the mutual waivers and certifications in this paragraphparagraph (d).
Appears in 5 contracts
Samples: Indenture (Ares Capital Corp), Indenture and Security Agreement (Ares Capital Corp), Securities Account Control Agreement (FS Investment Corp III)
Waiver of Jury Trial Right. EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THAT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY PROCEEDING. Each party hereby (ia) certifies that no representative, agent or attorney of the other has represented, expressly or otherwise, that the other would not, in the event of a proceedingProceeding, seek to enforce the foregoing waiver and (iib) acknowledges that it has been induced to enter into this Agreement by, among other things, the mutual waivers and certifications in this paragraph.
Appears in 4 contracts
Samples: Account Control Agreement (CM Finance Inc), Account Control Agreement (FS Energy & Power Fund), Account Control Agreement (FS Investment Corp II)
Waiver of Jury Trial Right. EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THAT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY PROCEEDING. Each party hereby (i) certifies that no representative, agent or attorney of the any other party has represented, expressly or otherwise, that the any other party would not, in the event of a proceedingProceeding, seek to enforce the foregoing waiver and (ii) acknowledges that it has been induced to enter into this Agreement by, among other things, the mutual waivers and certifications in this paragraphparagraph (d).
Appears in 4 contracts
Samples: Securities Account Control Agreement, Securities Account Control Agreement (FS Investment CORP), Account Control Agreement (New Mountain Finance Corp)
Waiver of Jury Trial Right. EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THAT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY PROCEEDING. Each party hereby (i) certifies that no representative, agent or attorney of the other has represented, expressly or otherwise, that the other would not, in the event of a proceedingany suit, action or proceedings relating to this Agreement or any matter between the parties arising under or in connection with this Agreement seek to enforce the foregoing waiver and (ii) acknowledges that it has been induced to enter into this Agreement by, among other things, the mutual waivers and certifications in this paragraph.
Appears in 4 contracts
Samples: Collateral Administration Agreement (AB Private Credit Investors Corp), Collateral Administration Agreement (AB Private Credit Investors Corp), Collateral Administration Agreement (AB Private Credit Investors Corp)
Waiver of Jury Trial Right. EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THAT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY PROCEEDING. Each party hereby (i) certifies that no representative, agent or attorney of the any other party has represented, expressly or otherwise, that the any other party would not, in the event of a proceedingProceeding, seek to enforce the foregoing waiver and (ii) acknowledges that it has been induced to enter into this Agreement by, among other things, the mutual waivers and certifications in this paragraphparagraph (c).
Appears in 4 contracts
Samples: Account Control Agreement (AB Private Credit Investors Corp), Account Control Agreement (AB Private Credit Investors Corp), Account Control Agreement (AB Private Credit Investors Corp)
Waiver of Jury Trial Right. EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THAT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY PROCEEDING. Each party hereby (i) certifies that no representative, agent or attorney of the any other party has represented, expressly or otherwise, that the any other party would not, in the event of a proceedingProceeding, seek to enforce the foregoing waiver waiver, and (ii) acknowledges that it has been induced to enter into this Agreement by, among other things, the mutual waivers and certifications in this paragraphSection 12(c).
Appears in 3 contracts
Samples: Securities Account Control Agreement (AB Private Credit Investors Corp), Securities Account Control Agreement (FS Investment Corp III), Securities Account Control Agreement (FS Investment Corp II)
Waiver of Jury Trial Right. EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THAT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY PROCEEDING. Each party hereby (i) certifies that no representative, agent or attorney of the any other party has represented, expressly or otherwise, that the any other party would not, in the event of a proceedingProceeding, seek to enforce the foregoing waiver waiver, and (ii) acknowledges that it has been induced to enter into this Agreement by, among other things, the mutual waivers and certifications in this paragraphparagraph (c).
Appears in 2 contracts
Samples: Account Control Agreement (Monroe Capital Income Plus Corp), Account Control Agreement (Monroe Capital Income Plus Corp)
Waiver of Jury Trial Right. EACH PARTY HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHT THAT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY PROCEEDING. Each party of the parties hereby (i) certifies that no representative, agent or attorney of the any other parties has represented, expressly or otherwise, that the such other parties would not, in the event of a proceedingProceeding, seek to enforce the foregoing waiver and (ii) acknowledges that it has been induced to enter into this Agreement by, among other things, the mutual waivers and certifications in this paragraph.
Appears in 2 contracts
Samples: Account Control Agreement (BC Partners Lending Corp), Account Control Agreement (CM Finance Inc)
Waiver of Jury Trial Right. EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THAT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY PROCEEDING. Each party hereby (i) certifies that no representative, agent or attorney of the any other party has represented, expressly or otherwise, that the any other party would not, in the event of a proceedingProceeding, seek to enforce the foregoing waiver and (ii) acknowledges that it has been induced to enter into this Agreement power of attorney by, among other things, the mutual waivers and certifications in this paragraph.
Appears in 2 contracts
Samples: Credit and Security Agreement (FS Global Credit Opportunities Fund), Credit Agreement (FS Energy & Power Fund)
Waiver of Jury Trial Right. EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THAT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY PROCEEDING. Each party Party hereby (ia) certifies that no representative, agent or attorney of the other has represented, expressly or otherwise, that the other would not, in the event of a proceedingProceeding, seek to enforce the foregoing waiver and (iib) acknowledges that it has been induced to enter into this Agreement by, among other things, the mutual waivers and certifications in this paragraph.
Appears in 1 contract
Samples: Purchase Agreement (Actuant Corp)
Waiver of Jury Trial Right. EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THAT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY PROCEEDING. Each party hereby (i) certifies that no representative, agent or attorney of the any other party has represented, expressly or otherwise, that the any other party would not, in the event of a proceedingProceeding, seek to enforce the foregoing waiver and (ii) acknowledges that it has been induced to enter into this Agreement Supplemental Indenture by, among other things, the mutual waivers and certifications in this paragraphSection 9.
Appears in 1 contract
Waiver of Jury Trial Right. EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THAT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY PROCEEDINGPROCEEDINGS. Each party hereby (ia) certifies that no representative, agent or attorney of the any other has represented, expressly or otherwise, that the such other would not, in the event of a proceedingProceeding, seek to enforce the foregoing waiver waiver; and (iib) acknowledges that it has been induced to enter into this Second Amendment Agreement by, among other things, the mutual waivers and certifications in this paragraph.
Appears in 1 contract
Waiver of Jury Trial Right. Section 14.1 EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THAT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY PROCEEDING. Each party of the parties hereby (i) certifies that no representative, agent or attorney of the any other party has represented, expressly or otherwise, that the such other party would not, in the event of a proceedingProceeding, seek to enforce the foregoing waiver waiver; and (ii) acknowledges that it has been induced to enter into this Agreement by, among other things, the mutual waivers and certifications in this paragraph.
Appears in 1 contract
Samples: Note Purchase Agreement (Barings Private Credit Corp)
Waiver of Jury Trial Right. EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THAT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY PROCEEDING. Each party hereby (i) certifies that no representative, agent or attorney of the other has represented, expressly or otherwise, that the other would not, in the event of a proceedingProceeding, seek to enforce the foregoing waiver and (ii) acknowledges that it has been induced to enter into this Agreement by, among other things, the mutual waivers and certifications in this paragraph.. RESTATEMENT EFFECTIVE DATE
Appears in 1 contract
Samples: Collateral Management Agreement
Waiver of Jury Trial Right. EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THAT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY PROCEEDINGPROCEEDINGS. Each party hereby (ia) certifies that no representative, agent or attorney of the any other has represented, expressly or otherwise, that the such other would not, in the event of a proceedingProceeding, seek to enforce the foregoing waiver waiver; and (iib) acknowledges that it has been induced to enter into this Third Amendment Agreement by, among other things, the mutual waivers and certifications in this paragraph.
Appears in 1 contract
Waiver of Jury Trial Right. EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THAT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY PROCEEDING, WHETHER IN CONTRACT, TORT OR OTHERWISE AND WHETHER AT LAW OR IN EQUITY. Each party of the parties hereby (i) certifies that no representative, agent or attorney of the any other parties has represented, expressly or otherwise, that the such other parties would not, in the event of a proceeding, seek to enforce the foregoing waiver waiver; and (ii) acknowledges that it has been induced to enter into this Agreement by, among other things, the mutual waivers and certifications in this paragraph.
Appears in 1 contract
Samples: Purchase and Placement Agency Agreement (MidCap Financial Investment Corp)
Waiver of Jury Trial Right. EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THAT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY PROCEEDINGPROCEEDINGS. Each party hereby (ia) certifies that no representative, agent or attorney of the any other has represented, expressly or otherwise, that the such other would not, in the event of a proceedingProceeding, seek to enforce the foregoing waiver waiver; and (iib) acknowledges that it has been induced to enter into this Fourth Amendment Agreement by, among other things, the mutual waivers and certifications in this paragraph.
Appears in 1 contract
Samples: Indenture Amendment (CM Finance Inc)
Waiver of Jury Trial Right. EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THAT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY PROCEEDINGPROCEEDINGS. Each party hereby (ia) certifies that no representative, agent or attorney of the any other has represented, expressly or otherwise, that the such other would not, in the event of a proceedingProceeding, seek to enforce the foregoing waiver waiver; and (iib) acknowledges that it has been induced to enter into this Agreement by, among other things, the mutual waivers and certifications in this paragraph.
Appears in 1 contract
Samples: Amendment Agreement (CM Finance Inc)
Waiver of Jury Trial Right. EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THAT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY PROCEEDINGPROCEEDINGS. Each party hereby (ia) certifies that no representative, agent or attorney of the any other has represented, expressly or otherwise, that the such other would not, in the event of a proceedingProceeding, seek to enforce the foregoing waiver waiver; and (iib) acknowledges that it has been induced to enter into this Agreement Eighth Supplemental Indenture by, among other things, the mutual waivers and certifications in this paragraph.
Appears in 1 contract
Samples: Eighth Supplemental Indenture (Investcorp Credit Management BDC, Inc.)
Waiver of Jury Trial Right. EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THAT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY PROCEEDING. Each party hereby (i) certifies that no representative, agent or attorney of the any other party has represented, expressly or otherwise, that the other would not, in the event of a proceedingProceeding, seek to enforce the foregoing waiver and (ii) acknowledges that it has been induced to enter into this Agreement by, among other things, the mutual waivers and certifications in this paragraph.
Appears in 1 contract
Samples: Securities Account Control Agreement (Corporate Capital Trust, Inc.)
Waiver of Jury Trial Right. EACH PARTY HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHT THAT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY PROCEEDINGPROCEEDINGS. Each party of the parties hereby (i) certifies that no representative, agent or attorney of the any other parties has represented, expressly or otherwise, that the such other parties would not, in the event of a proceedingProceeding, seek to enforce the foregoing waiver and (ii) acknowledges that it has been induced to enter into this Agreement by, among other things, the mutual waivers and certifications in this paragraph.
Appears in 1 contract
Samples: Account Control Agreement (Business Development Corp of America)
Waiver of Jury Trial Right. EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THAT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY PROCEEDING. Each party hereby (i) certifies that no representative, agent or attorney of the any other party has represented, expressly or otherwise, that the any other party would not, in the event of a proceeding, seek to enforce the foregoing waiver waiver, and (ii) acknowledges that it has been induced to enter into this Agreement by, among other things, the mutual waivers and certifications in this paragraphparagraph (d).
Appears in 1 contract
Samples: Securities Account Control Agreement (Business Development Corp of America)
Waiver of Jury Trial Right. (a) EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THAT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY PROCEEDING. Each party of the parties hereby (i) certifies that no representative, agent or attorney of the any other party has represented, expressly or otherwise, that the such other party would not, in the event of a proceedingProceeding, seek to enforce the foregoing waiver waiver; and (ii) acknowledges that it has been induced to enter into this Agreement by, among other things, the mutual waivers and certifications in this paragraph.
Appears in 1 contract
Samples: Note Purchase Agreement (HPS Corporate Lending Fund)