Waiver of Right to Trial by Jury. Each party waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in respect of any suit, action or proceeding relating to this Confirmation. Each party (i) certifies that no representative, agent or attorney of the other party has represented, expressly or otherwise, that such other party would not, in the event of such a suit action or proceeding, seek to enforce the foregoing waiver and (ii) acknowledges that it and the other party have been induced to enter into this Confirmation by, among other things, the mutual waivers and certifications herein.
Appears in 97 contracts
Samples: Atm Equity Offering Sales Agreement (Acadia Realty Trust), Registered Forward Confirmation (National Health Investors Inc), Registered Forward Confirmation (National Health Investors Inc)
Waiver of Right to Trial by Jury. Each party waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in respect of any suit, action or proceeding relating to this ConfirmationConfirmation or any Agreement. Each party (i) certifies that no representative, agent or attorney of the other party has represented, expressly or otherwise, that such other party would not, in the event of such a suit action or proceeding, seek to enforce the foregoing waiver and (ii) acknowledges that it and the other party have been induced to enter into this Confirmation by, among other things, the mutual waivers and certifications hereinin this Section.
Appears in 13 contracts
Samples: Confirmation of Additional Forward Stock Sale Transaction (Westar Energy Inc /Ks), Confirmation of Additional Forward Stock Sale Transaction (Westar Energy Inc /Ks), Underwriting Agreement (Westar Energy Inc /Ks)
Waiver of Right to Trial by Jury. Each party waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in respect of any suit, action or proceeding relating to this ConfirmationConfirmation or any Credit Support Document. Each party (i) certifies that no representative, agent or attorney of the other party has represented, expressly or otherwise, that such other party would not, in the event of such a suit action or proceeding, seek to enforce the foregoing waiver and (ii) acknowledges that it and the other party have been induced to enter into this Confirmation by, among other things, the mutual waivers and certifications hereinin this Section.
Appears in 4 contracts
Samples: Confirmation (Pactera Technology International Ltd.), Confirmation (Usi Holdings Corp), Confirmation (William Lyon Homes)
Waiver of Right to Trial by Jury. Each party waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in respect of any suit, action or proceeding relating to this Confirmation. Each party (i) certifies that no representative, agent or attorney of the other party has represented, expressly or otherwise, that such other party would not, in the event of such a suit action or proceeding, seek to enforce the foregoing waiver and (ii) acknowledges that it and the other party have been induced to enter into this Confirmation by, among other things, the mutual waivers and certifications hereinin this Section.
Appears in 3 contracts
Samples: Confirmation (Southern Union Co), Confirmation of Forward Stock Sale Transaction (Southern Union Co), Pricing Agreement (Affiliated Managers Group Inc)
Waiver of Right to Trial by Jury. Each party waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in respect of any suit, action or proceeding relating to this ConfirmationConfirmation or any Credit Support Documentation. Each party (i) certifies that no representative, agent or attorney of the other party has represented, expressly or otherwise, that such other party would not, in the event of such a suit action or proceeding, seek to enforce the foregoing waiver and (ii) acknowledges that it and the other party have been induced to enter into this Confirmation by, among other things, the mutual waivers and certifications hereinin this Section.
Appears in 3 contracts
Samples: Confirmation of Forward Stock Sale Transaction (Pantry Inc), Confirmation of Forward Stock Sale Transaction (Cedar Shopping Centers Inc), Confirmation of Forward Stock Sale Transaction (E Trade Financial Corp)
Waiver of Right to Trial by Jury. Waiver of Right to Trial by Jury. Each party waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in respect of any suit, action or proceeding relating to this Confirmation. Each party (i) certifies that no representative, agent or attorney of the other party has represented, expressly or otherwise, that such other party would not, in the event of such a suit action or proceeding, seek to enforce the foregoing waiver and (ii) acknowledges that it and the other party have been induced to enter into this Confirmation by, among other things, the mutual waivers and certifications herein.
Appears in 2 contracts
Samples: Confirmation (American Equity Investment Life Holding Co), Confirmation (American Equity Investment Life Holding Co)
Waiver of Right to Trial by Jury. Each party waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in respect of any suit, action or proceeding relating to this ConfirmationAgreement. Each party (ia) certifies that no representative, agent or attorney of the other party has represented, expressly or otherwise, that such other party would not, in the event of such a suit action or proceeding, seek to enforce the foregoing waiver and (iib) acknowledges that it and the other party have been induced to enter into this Confirmation by, among other things, the mutual waivers and certifications herein.
Appears in 2 contracts
Samples: Base Forward Transaction Amendment (Scana Corp), Base Forward Transaction Amendment (Scana Corp)
Waiver of Right to Trial by Jury. Each party waivesEACH PARTY WAIVES, to the fullest extent permitted by applicable lawTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, any right it may have to a trial by jury in respect of any suitANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY SUIT, action or proceeding relating to this ConfirmationACTION OR PROCEEDING RELATING TO THIS AGREEMENT. Each party (iA) certifies that no representative, agent or attorney of the other party has represented, expressly or otherwise, that such other party would not, in the event of such a suit action or proceeding, seek to enforce the foregoing waiver and (iiB) acknowledges that it and the other party have been induced to enter into this Confirmation Agreement by, among other things, the mutual waivers and certifications hereinin this clause.
Appears in 1 contract
Waiver of Right to Trial by Jury. Each party waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in respect of any suit, action or proceeding relating to this ConfirmationAmendment Agreement. Each party (ia) certifies that no representative, agent or attorney of the other party has represented, expressly or otherwise, that such other party would not, in the event of such a suit suit, action or proceeding, seek to enforce the foregoing waiver and (iib) acknowledges that it and the other party have been induced to enter into this Confirmation Amendment Agreement by, among other things, the mutual waivers and certifications herein.
Appears in 1 contract
Samples: Amendment Agreement (ONE Gas, Inc.)
Waiver of Right to Trial by Jury. Each party waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in respect of any suit, action or proceeding relating to this ConfirmationConfirmation or any Credit Support Document. Each party (iA) certifies that no representative, agent or attorney of the other party has represented, expressly or otherwise, that such other party would not, in the event of such a suit action or proceeding, seek to enforce the foregoing waiver and (iiB) acknowledges that it and the other party have been induced to enter into this Confirmation by, among other things, the mutual waivers and certifications hereinin this Section.
Appears in 1 contract
Samples: Confirmation (Rite Aid Corp)
Waiver of Right to Trial by Jury. Each party waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in respect of any suit, action or proceeding relating to this ConfirmationAgreement. Each party (ia) certifies that no representative, agent or attorney of the other party has represented, expressly or otherwise, that such other party would not, in the event of such a suit action or proceeding, seek to enforce the foregoing waiver and (iib) acknowledges that it and the other party have been induced to enter into this Confirmation by, among other things, the mutual waivers and certifications herein.. Please confirm that the foregoing correctly sets forth the terms of our agreement by signing and returning this Agreement. Yours faithfully,
Appears in 1 contract
