Common use of Waiver of Jury Trial Clause in Contracts

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT.

Appears in 451 contracts

Samples: Form of Exchange Agreement (HMH Holding Inc), Employment Agreement (NCL CORP Ltd.), Employment Agreement (Norwegian Cruise Line Holdings Ltd.)

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Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, LEGAL PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENTAGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Appears in 134 contracts

Samples: Promotion Agreement (Liquidia Corp), Co Promotion Agreement (Tyme Technologies, Inc.), Co Promotion Agreement (Eagle Pharmaceuticals, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, LEGAL PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENTAGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Appears in 81 contracts

Samples: Registration Rights Agreement (Grupo Aeromexico, S.A.B. De C.V.), Registration Rights Agreement (Grupo Aeromexico, S.A.B. De C.V.), Share Exchange Agreement (Sigma Additive Solutions, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES PARTY HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, LEGAL PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENTAGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Appears in 64 contracts

Samples: Agreement and Plan of Merger (Ambit Biosciences Corp), Agreement and Plan of Merger (Trius Therapeutics Inc), Agreement and Plan of Merger (Cubist Pharmaceuticals Inc)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENTAGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Appears in 59 contracts

Samples: Agreement and Plan of Merger (CERNER Corp), Agreement and Plan of Merger (Cable One, Inc.), Agreement and Plan of Merger

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT.

Appears in 58 contracts

Samples: ] Indemnification Agreement (ENDI Corp.), Indemnification Agreement (RadNet, Inc.), Confidential Treatment (Kadmon Holdings, LLC)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, LEGAL PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENTAGREEMENT OR THE TRANSACTIONS.

Appears in 44 contracts

Samples: Asset Purchase Agreement (Six15 Technologies Holding Corp.), Agreement and Plan of Merger (Renewable Energy Group, Inc.), Asset Purchase Agreement

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENTAGREEMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY.

Appears in 38 contracts

Samples: Agreement and Plan of Merger (CERNER Corp), Tender and Support Agreement (AutoWeb, Inc.), Tender and Support Agreement

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, LEGAL PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENTAGREEMENT AND THE TRANSACTIONS CONTEMPLATED HEREBY.

Appears in 32 contracts

Samples: Agreement (Gold Entertainment Group Inc), Share Exchange Agreement (Active Health Foods, Inc.), Share Exchange Agreement (Eco Innovation Group, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES PARTY HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTIONPROCEEDING (WHETHER BASED IN CONTRACT, PROCEEDING TORT OR COUNTERCLAIM OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR ANY TRANSACTION OR AGREEMENT CONTEMPLATED HEREBY OR THE ACTIONS OF ANY PARTY HERETO IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE OR ENFORCEMENT HEREOF.

Appears in 31 contracts

Samples: Master Equity Agreement (INVACARE HOLDINGS Corp), Stock Purchase Agreement (Wayside Technology Group, Inc.), Agreement of Merger (BridgeBio Pharma, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, LEGAL PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENT.

Appears in 29 contracts

Samples: Employment Agreement (NorthEast Community Bancorp, Inc./Md/), Employment Agreement (NorthEast Community Bancorp, Inc./Md/), Employment Agreement (NorthEast Community Bancorp, Inc./Md/)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY EXPRESSLY WAIVES ALL THE RIGHT TO TRIAL BY JURY IN RESOLVING ANY ACTION, PROCEEDING CLAIM OR COUNTERCLAIM RELATING TO OR ARISING OUT OF OR RELATING TO THIS ESCROW AGREEMENT.

Appears in 26 contracts

Samples: Escrow Agreement (CCSC Technology International Holdings LTD), Escrow Agreement (U Power LTD), Escrow Agreement (Prestige Wealth Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES PARTY HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTIONPROCEEDING (WHETHER BASED ON CONTRACT, PROCEEDING TORT OR COUNTERCLAIM OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR ANY TRANSACTION OR AGREEMENT CONTEMPLATED HEREBY OR THE ACTIONS OF ANY PARTY HERETO IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE OR ENFORCEMENT HEREOF.

Appears in 26 contracts

Samples: Asset Purchase Agreement (Green Plains Inc.), Agreement and Plan of Merger and Reorganization (Epoch Biosciences Inc), Agreement and Plan of Merger (Somatix Therapy Corporation)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREBY OR THE ACTIONS OF ANY OF THE PARTIES IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE AND ENFORCEMENT OF THIS AGREEMENT.

Appears in 20 contracts

Samples: Stockholders’ Agreement (First Interstate Bancsystem Inc), Stockholders’ Agreement (First Interstate Bancsystem Inc), Shareholder Agreement (SB/RH Holdings, LLC)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR ANY OTHER DOCUMENT.

Appears in 16 contracts

Samples: Convertible Preferred Securities Agreement (Ecology Coatings, Inc.), Convertible Preferred Securities Agreement (Ecology Coatings, Inc.), Securities Purchase Agreement (Capital Trust Inc)

Waiver of Jury Trial. EACH OF THE PARTIES PARTY HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENTANY OF THE LOAN DOCUMENTS OR THE TRANSACTIONS CONTEMPLATED THEREBY.

Appears in 15 contracts

Samples: Credit Agreement (Federal Mogul Corp), Loan and Guaranty Agreement (Federal Mogul Corp), Revolving Credit Agreement (Interstate Bakeries Corp/De/)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO PARTY HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT.

Appears in 13 contracts

Samples: Loan Guarantee Agreement (Georgia Power Co), Construction Completion Agreement (Mississippi Power Co), Procurement and Construction Agreement (South Carolina Electric & Gas Co)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM LITIGATION BETWEEN THE PARTIES HERETO ARISING OUT OF OR RELATING TO THIS AGREEMENT.

Appears in 13 contracts

Samples: And Confidentiality Agreement, Securities Purchase Agreement (FC Global Realty Inc), Assignment and Assumption Agreement (First Capital Real Estate Trust Inc)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR THE ACTIONS OF THE PARTIES HERETO IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE AND ENFORCEMENT THEREOF.

Appears in 13 contracts

Samples: Proxy and Voting Agreement (Corel Corp), Merger Agreement (Corel Corp), Merger Agreement (Corel Corp)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HERBY OR THE ACTIONS OF THE PARTIES IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE AND ENFORCEMENT OF THIS AGREEMENT.

Appears in 11 contracts

Samples: Preferred Stock Exchange Agreement (Restaurant Brands International Inc.), Stock Exchange Agreement, Preferred Share Exchange Agreement (Newhouse Broadcasting Corp)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY KNOWINGLY AND VOLUNTARILY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT.

Appears in 11 contracts

Samples: Form of Services Agreement, Services Agreement (Arc Logistics Partners LP), Services Agreement (Arc Logistics Partners LP)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY Each of the parties hereby IRREVOCABLY WAIVES ALL RIGHT TO A TRIAL BY JURY IN ANY ACTIONin any action, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENTproceeding or counterclaim arising out of or relating to this Amendment, any other transaction document or any instrument or document delivered hereunder or thereunder.

Appears in 11 contracts

Samples: Pooling and Servicing Agreement (Contisecurities Asset Funding Corp), Pooling and Servicing Agreement (Contisecurities Asset Funding Corp), Pooling and Servicing Agreement (Contisecurities Asset Funding Corp)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN AND ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR THE ACTIONS OF ANY PARTY HERETO IN NEGOTIATION, ADMINISTRATION, PERFORMANCE OR ENFORCEMENT HEREOF.

Appears in 10 contracts

Samples: Membership Interest Purchase Agreement, Membership Interest Purchase Agreement (NightHawk Radiology Holdings Inc), Client Transition Agreement (Health Benefits Direct Corp)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR THE ACTIONS OF ANY PARTY IN THE NEGOTIATION, PERFORMANCE OR ENFORCEMENT HEREOF.

Appears in 10 contracts

Samples: Stock Purchase Agreement (Global Secure Corp.), Escrow Agreement (Advanced Power Technology Inc), Purchase Agreement (Renaissance Media Capital Corp)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT.. * * * * *

Appears in 10 contracts

Samples: Employment Agreement, Employment Agreement (PQ Systems INC), Employment Agreement (Pq Corp)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTIONLEGAL PROCEEDING (WHETHER AT LAW, PROCEEDING IN EQUITY, IN CONTRACT, IN TORT OR COUNTERCLAIM OTHERWISE) ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENTAGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Appears in 8 contracts

Samples: Stockholders’ Agreement (Dave & Buster's Entertainment, Inc.), Stockholders’ Agreement (Dave & Buster's Entertainment, Inc.), Stockholder’s Agreement (Papa Murphy's Holdings, Inc.)

Waiver of Jury Trial. EACH OF PARTY, TO THE PARTIES HERETO FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO.

Appears in 8 contracts

Samples: Employment Agreement (Adomani, Inc.), Employment Agreement (Adomani, Inc.), Employment Agreement (Genprex, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, LEGAL PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENTAGREEMENT OR THE CONFIDENTIALITY AGREEMENT OR BY THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.

Appears in 8 contracts

Samples: Stock and Asset Purchase Agreement (Cardiome Pharma Corp), Agreement and Plan of Merger (Spherion Corp), Agreement and Plan of Merger (CCC Information Services Group Inc)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL ITS RIGHT TO A JURY TRIAL BY JURY IN OF ANY ACTION, PROCEEDING CLAIM OR COUNTERCLAIM CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS AGREEMENT OR ANY DEALINGS BETWEEN THE PARTIES HERETO RELATING TO THIS AGREEMENTTHE SUBJECT MATTER HEREOF.

Appears in 8 contracts

Samples: Employment Agreement (Page & Kiser Communications Inc), Employment Agreement (Otelco Inc.), Amended and Restated (Otelco Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, LEGAL PROCEEDING OR COUNTERCLAIM BROUGHT BY ANY PARTY HERETO ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENTAGREEMENT OR THE TRANSACTION.

Appears in 8 contracts

Samples: Combination Agreement (Taylor & Martin Group Inc), Combination Agreement (Taylor & Martin Group Inc), Combination Agreement (Taylor & Martin Group Inc)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, LEGAL PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENTAGREEMENT OR THE CONTEMPLATED TRANSACTIONS.

Appears in 7 contracts

Samples: Asset Transfer Agreement (Cannabis Suisse Corp.), Stock Purchase Agreement (Xerox Corp), Stock Purchase and Transaction Agreement (CM Finance Inc)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ACTION ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENTAGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Appears in 7 contracts

Samples: Restrictive Covenant Agreement (Summit Materials, LLC), Stock Purchase Agreement (PLBY Group, Inc.), Asset Purchase Agreement (Scott's Liquid Gold - Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OF, OR RELATING TO TO, THIS AGREEMENT.

Appears in 7 contracts

Samples: Employment Agreement (Aep Industries Inc), Employment Agreement (Aep Industries Inc), Employment Agreement (Aep Industries Inc)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR THE ACTIONS OF ANY PARTY HERETO IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE OR ENFORCEMENT HEREOF.

Appears in 7 contracts

Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Yext, Inc.), Stock Purchase Agreement (Sensei Biotherapeutics, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, LEGAL ACTION OR PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Appears in 7 contracts

Samples: Agreement and Plan of Merger (Ivanhoe Energy Inc), Voting Agreement (Silver Point Capital Management, L.L.C.), Voting Agreement (Ivanhoe Energy Inc)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ACTION ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENTAGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Appears in 7 contracts

Samples: Asset Purchase Agreement (Generation Hemp, Inc.), Litigation Escrow Agreement (Trump Media & Technology Group Corp.), Litigation Escrow Agreement (Trump Media & Technology Group Corp.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO TO THIS INTERCREDITOR AGREEMENT HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENTINTERCREDITOR AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Appears in 6 contracts

Samples: Credit Agreement (Pulte Homes Inc/Mi/), Credit Agreement (Pulte Homes Inc/Mi/), Intercreditor and Subordination Agreement (Pulte Homes Inc/Mi/)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT.AGREEMENT OR ANY OTHER DOCUMENT. * * * * *

Appears in 6 contracts

Samples: Securities Purchase Agreement (Opus360 Corp), Securities Purchase Agreement (La Petite Academy Inc), Agreement and Plan of Merger (Opus360 Corp)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING PROCEEDING, OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY.

Appears in 6 contracts

Samples: Related Agreement (Agilent Technologies Inc), Related Agreement (Agilent Technologies Inc), Related Agreement (Agilent Technologies Inc)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL ITS, HIS OR HER RIGHT TO A JURY TRIAL BY JURY IN OF ANY ACTION, PROCEEDING CLAIM OR COUNTERCLAIM CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS AGREEMENT OR ANY DEALINGS BETWEEN THE PARTIES HERETO RELATING TO THIS AGREEMENTTHE SUJBECT MATTER HEREOF.

Appears in 6 contracts

Samples: Partner Registration Rights Agreement (Opus360 Corp), Registration Rights Agreement (Opus360 Corp), Registration Rights Agreement (Opus360 Corp)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, ACTION OR PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENTAGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (American Residential Properties, Inc.), Voting Agreement (American Homes 4 Rent), Voting Agreement (American Residential Properties, Inc.)

Waiver of Jury Trial. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW EACH OF THE PARTIES HERETO PARTY HEREBY IRREVOCABLY WAIVES ALL RIGHT TO OF TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO IN CONNECTION WITH THIS AGREEMENTAGREEMENT OR ANY MATTER ARISING HEREUNDER.

Appears in 5 contracts

Samples: Secret License Agreement, , and Trade Secret License Agreement (Alcoa Corp), , and Trade Secret License Agreement (Arconic Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING AGAINST OUT OF OR RELATING TO THE PLAN OR THIS AGREEMENTOPTION AGREEMENT (INCLUDING THESE TERMS).

Appears in 5 contracts

Samples: Nonqualified Stock Option Agreement (Francesca's Holdings CORP), Nonqualified Stock Option Agreement (Francesca's Holdings CORP), Nonqualified Stock Option Agreement (Francesca's Holdings CORP)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR ANY TRANSACTION DOCUMENT OR THE ACTIONS OF ANY PARTY IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE OR ENFORCEMENT THEREOF.

Appears in 5 contracts

Samples: Subordination Agreement (Acura Pharmaceuticals, Inc), Subordination Agreement (Acura Pharmaceuticals, Inc), Subordination Agreement (Acura Pharmaceuticals, Inc)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN AND ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR ANY OTHER RELEVANT MATTER.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (Lumentum Holdings Inc.), Agreement and Plan of Merger (Thorne Healthtech, Inc.), Agreement and Plan of Reorganization (Sarcos Technology & Robotics Corp)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENTAMENDMENT OR ANY OTHER LOAN DOCUMENT.

Appears in 5 contracts

Samples: Credit Agreement, Credit Agreement (Landrys Restaurants Inc), Lien Credit Agreement (Landrys Restaurants Inc)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN AND ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS OF ANY PARTY HERETO IN NEGOTIATION, ADMINISTRATION, PERFORMANCE OR ENFORCEMENT HEREOF. TO ASSET PURCHASE AGREEMENT.

Appears in 5 contracts

Samples: Asset Purchase Agreement (Marchex Inc), Asset Purchase Agreement (Marchex Inc), Asset Purchase Agreement (Marchex Inc)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN AND ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR THE ACTIONS OF ANY PARTY HERETO IN NEGOTIATION, ADMINISTRATION, PERFORMANCE, OR ENFORCEMENT HEREOF.

Appears in 5 contracts

Samples: Voting Agreement (Sanders Morris Harris Inc/Fa), Voting Agreement (Sanders Morris Harris Inc/Fa), Voting Agreement (Sanders Morris Harris Inc/Fa)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING AGAINST OUT OF OR RELATING TO THE PLAN OR THIS AGREEMENTRESTRICTED STOCK AWARD AGREEMENT (INCLUDING THESE TERMS).

Appears in 5 contracts

Samples: Restricted Stock Award Agreement (Francesca's Holdings CORP), Restricted Stock Award Agreement (Francesca's Holdings CORP), Restricted Stock Award Agreement (Francesca's Holdings CORP)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTIONACTION BASED UPON, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENT.

Appears in 5 contracts

Samples: Exchange and Support Agreement (Estre Ambiental, Inc.), Exchange and Support Agreement (Estre Usa Inc.), Exchange and Support Agreement (Yatra Online, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT RIGHTS TO A TRIAL BY JURY IN ANY ACTION, ACTION OR PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (Acer Therapeutics Inc.), Agreement and Plan of Merger (Zevra Therapeutics, Inc.), Agreement and Plan of Merger (AquaVenture Holdings LTD)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR THE ACTIONS OF ANY PARTY IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE AND ENFORCEMENT HEREOF.

Appears in 5 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement, Asset Purchase Agreement (SolarWinds, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN WITH RESPECT TO ANY ACTION, PROCEEDING PROCEEDING, OR COUNTERCLAIM RELATED TO OR ARISING OUT OF OR RELATING TO THIS AGREEMENT, ANY DOCUMENT EXECUTED IN CONNECTION HEREWITH AND THE MATTERS CONTEMPLATED HEREBY AND THEREBY.

Appears in 4 contracts

Samples: Parent Stockholder Support Agreement (Kintara Therapeutics, Inc.), Company Stockholder Support Agreement (Kintara Therapeutics, Inc.), Parent Stockholder Support Agreement (Kintara Therapeutics, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN AND ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR THE ACTIONS OF ANY PARTY HERETO IN NEGOTIATION, ADMINISTRATION, PERFORMANCE OR ENFORCEMENT HEREOF.

Appears in 4 contracts

Samples: Asset Purchase Agreement, Agreement and Plan of Merger (theMaven, Inc.), Asset Purchase Agreement (theMaven, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENTAGREEMENT CONTEMPLATED HEREBY.

Appears in 4 contracts

Samples: Voting Agreement (Armata Pharmaceuticals, Inc.), Voting Agreement (Armata Pharmaceuticals, Inc.), Voting Agreement (Armata Pharmaceuticals, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY.

Appears in 4 contracts

Samples: Voting Agreement (Terra Secured Income Fund 5, LLC), Voting Agreement (Terra Property Trust, Inc.), Voting Agreement (Terra Property Trust, Inc.)

Waiver of Jury Trial. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO OF TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO IN CONNECTION WITH THIS AGREEMENTAGREEMENT OR ANY MATTER ARISING HEREUNDER.

Appears in 4 contracts

Samples: Equity Purchase Agreement (Paperweight Development Corp), Equity Purchase Agreement (Hicks Acquisition CO II, Inc.), Exchange and Support Agreement (57th Street General Acquisition Corp)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ACTION ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENT, ANY OTHER TRANSACTION DOCUMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.

Appears in 4 contracts

Samples: Purchase Agreement (Lowell Farms Inc.), Asset Purchase Agreement (Lowell Farms Inc.), Purchase Agreement

Waiver of Jury Trial. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW EACH OF THE PARTIES HERETO PARTY HEREBY IRREVOCABLY WAIVES ALL RIGHT TO OF TRIAL BY JURY IN ANY ACTION, PROCEEDING PROCEEDING, CLAIM, OR COUNTERCLAIM ARISING OUT OF OF, OR RELATING TO IN CONNECTION WITH, THIS AGREEMENTAGREEMENT OR ANY MATTER ARISING HEREUNDER.

Appears in 4 contracts

Samples: Secret License Agreement (Howmet Aerospace Inc.), Secret License Agreement (Howmet Aerospace Inc.), Secret License Agreement (Arconic Rolled Products Corp)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY ANY PARTY HERETO OR ITS SUCCESSORS AGAINST ANY OTHER PARTY HERETO OR ITS SUCCESSORS IN RESPECT OF ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Intercontinental Exchange, Inc.), Definitive Agreement (Elite Data Services, Inc.), Definitive Agreement (Elite Data Services, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENTTHE AGREEMENT OR THE PERFORMANCE OR ENFORCEMENT THEREOF.

Appears in 4 contracts

Samples: Registration Rights Agreement (Bay Bancorp, Inc.), Registration Rights Agreement (Bay Bancorp, Inc.), Securities Purchase Agreement (Bay Bancorp, Inc.)

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Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL THE RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING PROCEEDING, CLAIM OR COUNTERCLAIM BROUGHT BY OR ON BEHALF OF ANY PARTY RELATED TO OR ARISING OUT OF OR RELATING TO THIS AGREEMENTCOMMITMENT LETTER.

Appears in 4 contracts

Samples: Existing Credit Agreement (Waitr Holdings Inc.), Assignment and Assumption Agreement (Edelman Financial Group Inc.), CKX, Inc.

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ACTION ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENTAGREEMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY.

Appears in 4 contracts

Samples: Tender and Support Agreement, Tender and Support Agreement (CardConnect Corp.), Tender and Support Agreement (CardConnect Corp.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO A TRIAL BY JURY IN ANY ACTION, LEGAL PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENTAGREEMENT OR THE MATTERS CONTEMPLATED HEREBY.

Appears in 4 contracts

Samples: Severance Agreement (Verso Corp), Severance Agreement (Verso Corp), Severance Agreement (Verso Corp)

Waiver of Jury Trial. AGENT AND EACH OF THE PARTIES HERETO GRANTOR HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR ANY INSTRUMENT OR DOCUMENT DELIVERED THEREUNDER.

Appears in 4 contracts

Samples: Security and Pledge Agreement (School Specialty Inc), Security and Pledge Agreement (School Specialty Inc), Security and Pledge Agreement (School Specialty Inc)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING RELATING TO OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENTGUARANTY.

Appears in 4 contracts

Samples: Guaranty (Avangrid, Inc.), Credit Agreement (Avangrid, Inc.), Guaranty (Avangrid, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, LEGAL PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENTAGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Appears in 3 contracts

Samples: Investors’ Rights Agreement (Strategic Storage Trust VI, Inc.), Investor Rights Agreement (Watermark Lodging Trust, Inc.), Investors’ Rights Agreement (SmartStop Self Storage REIT, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, LEGAL PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENT., THE RELATED AGREEMENTS OR THE TRANSACTIONS CONTEMPLATED HEREBY AND THEREBY

Appears in 3 contracts

Samples: Contribution Agreement (OncBioMune Pharmaceuticals, Inc), www.sec.gov, Contribution Agreement (OncBioMune Pharmaceuticals, Inc)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR THE ACTIONS OF ANY PARTY HERETO IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE OR ENFORCEMENT THEREOF.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Acutus Medical, Inc.), Membership Interest Purchase Agreement (STAMPS.COM Inc), Agreement and Plan of Merger (Akamai Technologies Inc)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR ANY OTHER DOCUMENT.

Appears in 3 contracts

Samples: Membership Interest Purchase Agreement (E2open Parent Holdings, Inc.), Registration Rights Agreement (E2open Parent Holdings, Inc.), Note Purchase Agreement (Champions Oncology, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, LEGAL PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENTAGREEMENT OR THE PURCHASE AND SALE OF THE PURCHASED SHARES.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Matrix Geophysical, Inc.), Stock Purchase Agreement (Matrix Geophysical, Inc.), Stock Purchase Agreement (Seitel Inc)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN AND ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR ANY RELEVANT MATTER, INCLUDING THE ACTIONS OF ANY PARTY HERETO IN NEGOTIATION, ADMINISTRATION, PERFORMANCE OR ENFORCEMENT HEREOF.

Appears in 3 contracts

Samples: Registration Rights Agreement (Tesla, Inc.), Registration Rights Agreement (Ultimate Software Group Inc), Registration Rights Agreement (Tesla, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN AND ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS OF ANY PARTY HERETO IN NEGOTIATION, ADMINISTRATION, PERFORMANCE OR ENFORCEMENT OF THIS AGREEMENT.

Appears in 3 contracts

Samples: Agreement and Plan of Reorganization (Square, Inc.), Merger Agreement (Acxiom Corp), Agreement and Plan of Merger (Vistaprint N.V.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENT, ANY OF THE TRANSACTION AGREEMENTS OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.

Appears in 3 contracts

Samples: Separation and Distribution Agreement, Separation and Distribution Agreement (Marriott International Inc /Md/), Separation and Distribution Agreement (Marriott Vacations Worldwide Corp)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT.. EXECUTION VERSION

Appears in 3 contracts

Samples: Employment Agreement (Covalence Specialty Adhesives LLC), Employment Agreement (Covalence Specialty Adhesives LLC), Employment Agreement (Covalence Specialty Adhesives LLC)

Waiver of Jury Trial. EACH OF THE BOTH PARTIES HERETO TO THIS AGREEMENT HEREBY IRREVOCABLY WAIVES WAIVE ANY AND ALL RIGHT TO ANY TRIAL BY JURY IN ANY ACTION, ACTION OR PROCEEDING ARISING DIRECTLY OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENTINDIRECTLY HEREUNDER.

Appears in 3 contracts

Samples: Ge Capital Fleet Services    Master Lease Agreement (Inspire Pharmaceuticals Inc), Lease Agreement (Prosource Inc), Lease Agreement (Eagle Geophyical Inc)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING ACTION OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR OF, RELATING TO OR IN CONNECTION WITH ANY MATTER WHICH IS THE SUBJECT OF THIS AGREEMENTAGREEMENT OR THE ACTIONS OF ANY PARTY HERETO IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE OR ENFORCEMENT HEREOF.

Appears in 3 contracts

Samples: Purchase Agreement (Mativ Holdings, Inc.), Purchase Agreement (TFI International Inc.), Membership Interests Purchase Agreement (Roper Technologies Inc)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL, INCLUDING TRIAL BY JURY JURY, IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT.

Appears in 3 contracts

Samples: Employment Agreement (RBS Global Inc), Employment Separation and General Release Agreement (RBS Global Inc), Employment Separation and General Release Agreement (RBS Global Inc)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN AND ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE ACTIONS OF ANY PARTY HERETO IN NEGOTIATION, ADMINISTRATION, PERFORMANCE OR ENFORCEMENT OF THIS AGREEMENT, OR ANY OTHER RELEVANT MATTER.

Appears in 3 contracts

Samples: Registration Rights Agreement (RingCentral, Inc.), Agreement and Plan of Reorganization (Elastic N.V.), Agreement and Plan of Merger (Pluralsight, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR THE ACTIONS OF THE PARTIES IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE AND ENFORCEMENT HEREOF.

Appears in 3 contracts

Samples: Membership Interests Purchase Agreement (MMC Energy, Inc.), Transition Asset Management Agreement (MMC Energy, Inc.), Transition Asset Management Agreement (MMC Energy, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO PARTY HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENTVOTING AGREEMENT OR THE ACTIONS OF ANY PARTY IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE AND ENFORCEMENT HEREOF.

Appears in 3 contracts

Samples: Voting Agreement (Cur Media, Inc.), Voting Agreement (Cur Media, Inc.), Voting Agreement (Cur Media, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO PARTY HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTIONACTION (WHETHER BASED ON CONTRACT, PROCEEDING TORT OR COUNTERCLAIM OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR THE ACTIONS OF SUCH PARTY IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE AND ENFORCEMENT HEREOF.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Diplomat Pharmacy, Inc.), Asset Purchase Agreement (Penson Worldwide Inc), Asset Purchase Agreement (Broadridge Financial Solutions, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR ANY OTHER DOCUMENT RELATED HERETO.

Appears in 3 contracts

Samples: Securities Purchase Agreement (World Waste Technologies Inc), Registration Rights Agreement (World Waste Technologies Inc), Registration Rights Agreement (World Waste Technologies Inc)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE CONTEMPLATED TRANSACTIONS OR THE ACTIONS OF THE PARTIES IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE AND ENFORCEMENT OF THIS AGREEMENT.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Arcadia Biosciences, Inc.), Asset Purchase Agreement (Rockwell Medical, Inc.), Asset Purchase Agreement (Evoqua Water Technologies Corp.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO PARTY HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Cinedigm Corp.), Strategic Supply Agreement (Kindred Biosciences, Inc.), Stock Purchase Agreement (Cinedigm Corp.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, LEGAL PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENT, ANY OTHER NOTE DOCUMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.

Appears in 3 contracts

Samples: Guarantee and Collateral Agreement (Vacasa, Inc.), Securities Purchase (Paycom Software, Inc.), Securities Purchase (Paycom Software, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR THE ACTIONS OF EXAR OR THE STOCKHOLDER IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE AND ENFORCEMENT HEREOF.

Appears in 2 contracts

Samples: Form of Sipex Voting Agreement (Exar Corp), Merger Agreement (Exar Corp)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS LETTER AGREEMENT, THE ACTIONS CONTEMPLATED HEREBY, OR THE ACTIONS OF THE PARTIES HERETO IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE AND ENFORCEMENT OF THIS AGREEMENT.

Appears in 2 contracts

Samples: Letter Agreement (Harbinger Capital Partners Master Fund I, Ltd.), Letter Agreement (Spectrum Brands, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM LITIGATION ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Appears in 2 contracts

Samples: Membership Interest Purchase Agreement (Klondex Mines LTD), Membership Interest Purchase Agreement (Klondex Mines LTD)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENTWARRANT, OR THE ACTIONS OF THE PARTIES IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE AND ENFORCEMENT HEREOF.

Appears in 2 contracts

Samples: Warrant (Andrx Corp /De/), Warrant (Mediconsult Com Inc)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT.. (f)

Appears in 2 contracts

Samples: Employment Agreement (Green Brick Partners, Inc.), Employment Agreement (Green Brick Partners, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN AND ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT.AGREEMENT OR THE ACTIONS OF ANY PARTY HERETO IN NEGOTIATION, ADMINISTRATION, PERFORMANCE OR ENFORCEMENT HEREOF. TO AGREEMENT AND PLAN OF MERGER

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Marchex Inc), Agreement and Plan of Merger (Marchex Inc)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO TO THIS LETTER HEREBY IRREVOCABLY WAIVES ALL RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENTLETTER OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Builders FirstSource, Inc.), JLL Building Holdings, LLC

Waiver of Jury Trial. EACH OF THE PARTIES HERETO PARTY HEREBY IRREVOCABLY WAIVES ALL RIGHT TO A TRIAL BY JURY IN ANY ACTIONSUIT, ACTION OR OTHER PROCEEDING INSTITUTED BY OR COUNTERCLAIM ARISING OUT AGAINST SUCH PARTY IN RESPECT OF ITS RIGHTS OR RELATING TO THIS AGREEMENTOBLIGATIONS HEREUNDER.

Appears in 2 contracts

Samples: Employment Agreement (European Wax Center, Inc.), Employment Agreement (European Wax Center, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT.AGREEMENT OR THE ACTIONS OF ANY PARTY HERETO IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE OR ENFORCEMENT THEREOF. *****

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Towers Watson & Co.), Terms                                    agreement (IHS Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT.AGREEMENT OR THE ACTIONS OF THE PARTIES IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE AND ENFORCEMENT HEREOF

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Andrx Corp /De/), Agreement and Plan of Merger (Mediconsult Com Inc)

Waiver of Jury Trial. EACH OF THE PARTIES PARTY HERETO HEREBY IRREVOCABLY -------------------- WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENTANY OF THE LOAN DOCUMENTS OR THE TRANSACTIONS CONTEMPLATED THEREBY.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Icg Holdings Inc), Loan and Guaranty Agreement (Federal Mogul Corp)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING ARJSING OUT OF OR RELATING TO THIS AGREEMENT.

Appears in 2 contracts

Samples: Employment Agreement, Employment Agreement (Affinion Group, Inc.)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, LEGAL PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING RELATED TO THIS AGREEMENTAGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY, AND AGREE TO THE ARBITRATION PROVISION CONTAINED IN SECTION 6.11.

Appears in 2 contracts

Samples: Consent and Waiver Agreement (Euniverse Inc), Consent and Waiver Agreement (Marver James D)

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENTAGREEMENT OR THE ACTIONS OF SIPEX OR THE STOCKHOLDER IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE AND ENFORCEMENT HEREOF.

Appears in 2 contracts

Samples: Exar Voting Agreement (Sipex Corp), Exar Voting Agreement (Exar Corp)

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