Common use of Waiver of Trial by Jury Clause in Contracts

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Sponsor in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each party The parties hereby irrevocably knowingly, voluntarily and unconditionally waives the intentionally waive any right they may have to a trial by jury in with respect to any actionlitigation brought based upon this Agreement, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated herebyunder, or the in connection with this Agreement and any agreement contemplated to be executed in conjunction herewith, or any course of conduct, course of dealing, statements or actions of the Investor in parties. This provision is a material inducement for the negotiation, administration, performance or enforcement hereofparties entering this Agreement.

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Investors in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each party The respective parties hereto shall and hereby irrevocably and unconditionally waives the right to a do waive trial by jury in any action, suit, proceeding or counterclaim or brought by either of the parties hereto against the other proceeding (whether based on contract, tort or otherwise) any matters whatsoever arising out of, of or in any way connected with or relating to this Agreement, or for the transactions contemplated herebyenforcement of any remedy under any statute, emergency or the actions of the Investor in the negotiation, administration, performance or enforcement hereofotherwise.

Waiver of Trial by Jury. Each party hereby irrevocably The parties hereto each knowingly, voluntarily and unconditionally intentionally waives to the fullest extent permitted by applicable law any right it may have to a trial by jury in of any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) dispute arising out of, connected with under or relating to this Agreement, Custodial Agreement or the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each party hereto hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor parties in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the any Investor in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Holder in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Insider in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each party hereto hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, Agreement and the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each party hereby To the extent permitted by applicable law, each of the parties hereto irrevocably and unconditionally waives the all right to a of trial by jury in any action, suit, proceeding or counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected of or in connection with or relating to this Agreement, the transactions contemplated hereby, Agreement or the actions of the Investor in the negotiation, administration, performance Transaction Documents or enforcement hereofany matter arising hereunder or thereunder.

Waiver of Trial by Jury. Each party hereby To the extent permitted by applicable Law, each of the Secured Parties irrevocably and unconditionally waives the all right to a of trial by jury in any action, suit, counterclaim action or other proceeding (whether based on contract, tort or otherwise) Proceeding arising out of, connected of or in connection with or relating to this Agreement, the transactions contemplated hereby, Indenture or the actions of the Investor in the negotiation, administration, performance Transaction Documents or enforcement hereofany matter arising hereunder or thereunder.

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the any Investor in the negotiation, administration, performance or enforcement hereof. (The remainder of this page intentionally left blank. Signature pages to follow.)

Waiver of Trial by Jury. Each To the extent permitted by applicable law, each party hereby hereto irrevocably and unconditionally waives the all right to a of trial by jury in any action, suit, proceeding or counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreementin connection with, the transactions contemplated hereby, any transaction document or the actions of the Investor in the negotiation, administration, performance or enforcement hereofany matter arising thereunder.

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in respect of any action, suit, counterclaim action or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, Agreement or the actions of the Investor in the negotiation, administration, performance or enforcement hereofany Transaction.

Waiver of Trial by Jury. Each party hereto hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each Insofar as is permitted by law, each party hereby irrevocably waives any and unconditionally waives the right all rights to a trial by jury in any actionlegal proceeding in connection with this agreement or any transaction, suit, counterclaim or and acknowledges that this waiver is a material inducement to the other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to party’s entering into this Agreement, the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereofagreement and each transaction hereunder.

Waiver of Trial by Jury. Each party The parties do hereby irrevocably and unconditionally waives the right expressly waive all rights to a trial by jury on any cause of action directly or indirectly involving the terms, covenants or conditions of this Lease Agreement or the Facility or any matters whatsoever arising out of or in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, way connected with or relating to this Lease Agreement, the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each Insofar as is permitted by law, each party hereby irrevocably waives any and unconditionally waives the right all rights to a trial by jury in any action, suit, counterclaim or other legal proceeding (whether based on contract, tort or otherwise) arising out of, connected in connection with or relating to this Agreement, and acknowledges that this waiver is a material inducement to the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereofother party's entering into this Agreement hereunder.

Waiver of Trial by Jury. Each party hereto, including each Holder by its receipt of a Warrant, hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, Agreement and the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each Insofar as is permitted by law, each party hereby irrevocably waives any and unconditionally waives the right all rights to a trial by jury in any actionlegal proceeding in connection with this agreement or any transaction, suit, counterclaim or and acknowledges that this waiver is a material inducement to the other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to party's entering into this Agreement, the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereofagreement and each transaction hereunder.

Waiver of Trial by Jury. Each party hereby of the parties to this Agreement irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim suit or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions matters contemplated hereby, or the actions of the Investor parties in the negotiation, administration, performance or enforcement hereofof this Agreement.

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor parties in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Holders in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each party hereto hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Warrant Agreement, the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each party The parties hereto hereby irrevocably knowingly, voluntarily and unconditionally waives intentionally waive the right any may have to a trial by jury in respect to any actionlitigation based on, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising rising out of, connected with or relating to this Agreement, the transactions contemplated herebyunder, or the in connection with this Agreement and any agreement contemplated to be executed in connection herewith, or any course of conduct, course of dealing, statements (whether verbal or written) or actions of the Investor either party in the negotiation, administration, performance or enforcement hereofconnection with such agreements.

Waiver of Trial by Jury. Each party hereby waives, irrevocably and unconditionally waives the right to a unconditionally, trial by jury in any actionaction brought on, suitunder or by virtue of or relating in any way to this Agreement or any of the documents or certificates executed in connection herewith, counterclaim the properties, or any claims, defenses, rights of set-off or other proceeding (whether based on contract, tort actions pertaining hereto or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions any of the Investor in the negotiation, administration, performance or enforcement hereofforegoing.

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Purchaser in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, Agreement or the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor parties hereto in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each Insofar as is permitted by law, each party hereby irrevocably waives any and unconditionally waives the right all rights to a trial by jury in any actionlegal proceeding in connection with this Transaction, suit, counterclaim or and acknowledges that this waiver is a material inducement to the other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to party’s entering into this Agreement, the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereofTransaction.

Waiver of Trial by Jury. Each party The parties hereto hereby irrevocably knowingly, voluntarily and unconditionally waives intentionally waive the right any may have to a trial by jury in respect to any actionlitigation based hereon, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising rising out of, connected with or relating to this Agreement, the transactions contemplated herebyunder, or the in connection with this agreement and any agreement contemplated to be executed in connection herewith, or any course of conduct, course of dealing, statements (whether verbal or written) or actions of the Investor either party in the negotiation, administration, performance or enforcement hereofconnection with such agreements.

Waiver of Trial by Jury. Each To the extent permitted by applicable law, each party hereto hereby irrevocably and unconditionally waives the all right to a of trial by jury in any action, suitproceeding or counterclaim, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected of or in connection with this Agreement or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereofany matter arising hereunder.

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Initial Stockholder in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each Insofar as is permitted by law, each party hereby irrevocably waives any and unconditionally waives the right all rights to a trial by jury in any actionlegal proceeding in connection with this Agreement or any Transaction, suit, counterclaim or and acknowledges that this waiver is a material inducement to the other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to party’s entering into this Agreement, the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereofAgreement and each Transaction hereunder.

Waiver of Trial by Jury. Each party The parties hereby irrevocably knowingly, voluntarily, and unconditionally waives the intentionally waive any right they may have to a trial by jury in with respect to any actionlitigation brought based upon this Agreement, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated herebyunder, or the in connection with this Agreement and any agreement contemplated to be executed in conjunction herewith, or any course of conduct, course of dealing, statements, or actions of the Investor in parties. This provision is a material inducement for the negotiation, administration, performance or enforcement hereofparties entering this Agreement.

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Stockholder in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the any Investor in the negotiation, administration, performance or enforcement hereof. [The remainder of this page intentionally left blank. Signature pages to follow.]

Waiver of Trial by Jury. Each party The parties hereto hereby irrevocably knowingly, voluntarily and unconditionally waives intentionally waive the right any may have to a trial by jury in respect to any actionlitigation based hereon, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising rising out of, connected with or relating to this Agreement, the transactions contemplated herebyunder, or the in connection with this Agreement and any agreement contemplated to be executed in connection herewith, or any course of conduct, course of dealing, statements (whether verbal or written) or actions of the Investor either party in the negotiation, administration, performance or enforcement hereofconnection with such agreements.

Waiver of Trial by Jury. Each party The parties hereto hereby irrevocably knowingly, voluntarily and unconditionally waives intentionally waive the right any may have to a trial by jury in respect to any actionlitigation based hereon, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated herebyunder, or the in connection with this Agreement and any agreement to be executed in connection herewith, or any course of conduct, course of dealing, statements (whether verbal or written) or actions of the Investor either party in the negotiation, administration, performance or enforcement hereofconnection with such agreements.

Waiver of Trial by Jury. Each party hereby To the extent permitted by applicable Law, each of the parties hereto and each Secured Party irrevocably and unconditionally waives the all right to a of trial by jury in any action, suit, counterclaim action or other proceeding (whether based on contract, tort or otherwise) Proceeding arising out of, connected of or in connection with or relating to this Agreement, the transactions contemplated hereby, Indenture or the actions of the Investor in the negotiation, administration, performance Transaction Documents or enforcement hereofany matter arising hereunder or thereunder.

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Initial Securityholder in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Sponsors in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor or any NPS Investor in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Shareholder in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor any party in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this AgreementWarrant, the transactions contemplated hereby, or the actions of the Investor Holder in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each To the extent permitted by applicable law, each party hereby hereto irrevocably and unconditionally waives the all right to a of trial by jury in any action, suit, proceeding or counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreementin connection with, the transactions contemplated hereby, any Transaction Document or the actions of the Investor in the negotiation, administration, performance or enforcement hereofany matter arising thereunder.

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor any Stockholder in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Investors in the negotiation, administration, performance or enforcement hereof. [Remainder of page intentionally left blank. Signature page to follow.]

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Stockholders in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each party hereto hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Private Investors in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Navios Holdings in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereof. (Remainder of page intentionally left blank. Signature pages to follow.)

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereof. (The remainder of this page intentionally left blank. Signature pages to follow.)

Waiver of Trial by Jury. Each party hereto hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the any Investor in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each party hereto hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Holder in the negotiation, administration, performance performance, or enforcement hereof.

Waiver of Trial by Jury. Each party Party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Registration Rights Agreement, the transactions contemplated hereby, or the actions of the Investor Olayan in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each party hereto hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor parties in the negotiationnegotiations, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each party hereby of the parties hereto ------------------------ irrevocably waives any and unconditionally waives the right all rights to a trial by jury in any action, suit, counterclaim or other legal proceeding (whether based on contract, tort or otherwise) arising out of, connected with of or relating to this Agreement, Agreement or any other Loan Document or the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the any Investor in the negotiation, administration, performance or enforcement hereof. (The remainder of this page intentionally left blank. Signature pages to follow.) COMPANY COUNTERPART SIGNATURE PAGE TO REGISTRATION RIGHTS AGREEMENT

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereof.. [Signatures appear on the following page]

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor any party in the negotiation, administration, performance or enforcement hereof.. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

Waiver of Trial by Jury. Each party of the Parties hereby irrevocably and unconditionally waives the right to a jury trial by jury in connection with any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) Proceeding arising out of, connected with of or relating to this Agreement, the transactions contemplated hereby, Agreement or the actions Transactions (including any Proceeding seeking enforcement of the Investor in the negotiation, administration, performance or enforcement hereofsuch Party’s rights under this Agreement).

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Investors in the negotiation, administration, performance or enforcement hereof.. [Signature Pages Follow]

Waiver of Trial by Jury. Each party The parties hereto hereby irrevocably knowingly, voluntarily and unconditionally waives intentionally waive the right any may have to a trial by jury in respect to any actionlitigation based hereon, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated herebyunder, or the in connection with this Agreement and any agreement contemplated to be executed in connection herewith, or any course of conduct, course of dealing, statements (whether verbal or written) or actions of the Investor either party in the negotiation, administration, performance or enforcement hereofconnection with such agreements.

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim counterclaim, or other proceeding (whether based on contract, tort tort, or otherwise) arising out of, connected with with, or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Holder in the negotiation, administration, performance performance, or enforcement hereof.

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereof. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK.]

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives hereto waives, to the fullest extent permitted by applicable law, the right to a trial by jury in any action, suit, counterclaim or other legal proceeding (whether based on contract, tort or otherwise) arising out of, connected with of or relating to this Agreement, Agreement or the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each party The parties hereto hereby irrevocably knowingly, irrevocably, voluntarily and unconditionally waives the right intentionally waive any rights to a trial by jury in respect to any action, suit, proceeding or counterclaim or other proceeding (whether based on contract, tort this agreement or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated herebyunder, or in connection with this agreement or any document or instrument executed in connection with this agreement, or any course of conduct, course of dealing, statements (whether verbal or written) or action of any party hereto. This provision is a material inducement for company and distributor entering into the actions of the Investor in the negotiation, administration, performance or enforcement hereofsubject transaction.

Waiver of Trial by Jury. Each party hereby irrevocably The Parties knowingly, voluntarily, and unconditionally waives the intentionally waive any right they may have to a trial by jury in respect to any actionlitigation based hereon, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected under, or in connection with or relating to this Agreement, the transactions any document contemplated herebyto be executed, or the actions any underlying matter, course of dealing, statement (whether verbal or written), or action of the Investor in the negotiation, administration, performance or enforcement hereofParties.

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with with, or relating to this Agreement, the transactions contemplated hereby, or the actions of the any Investor in the negotiation, administration, performance or enforcement hereof.. [Signatures appear on the following page]

Waiver of Trial by Jury. Each party The parties hereto hereby irrevocably knowingly, voluntarily and unconditionally waives intentionally waive the right any may have to a trial by jury in respect to any actionlitigation based hereon, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising rising out of, connected with or relating to this Agreement, the transactions contemplated herebyunder, or the in connection with this Agreement and any agreement contemplated to be executed in connection herewith, or any course of conduct, course of dealing, statements (whether verbal or written) or actions of the Investor either party in the negotiation, administration, performance or enforcement hereof.connection with such agreements. [Signature Page Follows]

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to ot this Agreement, the transactions transaction contemplated hereby, or the actions of the Investor Sponsor in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Initial Securityholders in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the The parties waive their right to a trial by jury in any action, suitproceeding, claim, or counterclaim or other proceeding (whether based on contract, tort or otherwise) related to or arising out of, connected with or relating to of this Agreement, the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Capital Partners or GTI in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Shareholder in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each party Party hereby irrevocably and unconditionally waives the waive their right to a trial by jury in any action, suit, proceeding or counterclaim or brought by any party hereto against any other proceeding (whether based party on contract, tort or otherwise) any matter arising out of, of or in any way connected with or relating to this the Agreement, the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Purchasers in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Stockholders in the negotiation, administration, performance or enforcement hereof. [Remainder of this page intentionally left blank; signature pages follows.]

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Insiders in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each party To the fullest extent permitted by applicable law, the parties hereby absolutely and irrevocably and unconditionally waives the waive any right to a trial by jury in any action, suit, counterclaim action or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating between them related to this Agreement, Agreement or the consummation of the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereofhereunder.

Waiver of Trial by Jury. Each party hereby Party irrevocably and unconditionally waives the all right to a trial by jury in any action, suit, proceeding or counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with of or relating to this Agreement, Agreement or the transactions contemplated hereby, hereby or the actions of the Investor Parties in the negotiation, administration, performance or enforcement hereofin respect of any of the foregoing.

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of EX Xxxxxx or any other holder of the Investor Registrable Securities in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each party hereby Party irrevocably and unconditionally waives the any right it may have to a trial by jury in respect of any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) legal action arising out of, connected with of or relating to this Agreement, Agreement or the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each ‌ To the extent permitted by applicable law, each party hereby unconditionally and irrevocably and unconditionally waives the all right to a trial by of jury in any action, suit, proceeding or counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected of or in connection with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereofto any matter arising hereunder.

Waiver of Trial by Jury. Each party of the Parties hereby irrevocably knowingly, voluntarily and unconditionally intentionally waives the any right it may have otherwise had to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) litigation arising out of, connected with under, or relating to in connection with, this Agreement, the transactions contemplated hereby, or the actions . This provision is a material inducement for each of the Investor in the negotiation, administration, performance or enforcement hereofParties entering into this Agreement.

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor F3 Capital in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each party hereto hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Sponsor, any Initial Investor or any Permitted Transferee in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each party hereby irrevocably knowingly, voluntarily and unconditionally intentionally waives the any right to a trial by jury it may have in any action, suit, counterclaim action or proceeding in law or in equity, in connection with this Agreement or any transactions related hereto. Each party represents and warrants that no representative or agent of the other proceeding (whether based on contractparty has represented, tort expressly or otherwise) arising out of, connected with or relating to this Agreementthat the other party will not, the transactions contemplated hereby, or the actions of the Investor in the negotiationevent of litigation, administration, performance or enforcement hereofseek to enforce this jury trial waiver.

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, any other Transaction Document, the transactions contemplated herebyhereby or thereby, or the actions of the Investor any Purchaser in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each To the extent permitted by applicable law, each party hereby hereto irrevocably and unconditionally waives the all right to a of trial by jury in any action, suit, proceeding or counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to in connection with, this Agreement, the transactions contemplated hereby, Mortgage or the actions of the Investor in the negotiation, administration, performance or enforcement hereofany matter arising hereunder.

Waiver of Trial by Jury. Each party hereby of the parties hereto irrevocably and unconditionally waives the right all rights to a trial by jury in any action, suit, proceeding or counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with of or relating to this Agreement, Agreement and/or the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereof.

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor Holders in the negotiation, administration, performance or enforcement hereof.. GDC DRAFT – 1/31/19

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, counterclaim or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor parties hereto in the negotiation, administration, performance or enforcement hereof.. Table of Contents

Waiver of Trial by Jury. Each party The parties hereto hereby irrevocably knowingly, voluntarily and unconditionally waives intentionally waive the right any may have to a trial by jury in any action, suit, counterclaim or other proceeding (whether litigation based on contract, tort or otherwise) arising rising out of, connected of or under this Agreement and any agreement to be executed in accordance with or relating to this Agreement, the transactions contemplated herebyor any course of conduct, course of dealing, statements (whether verbal or the written) or actions of the Investor in the negotiation, administration, performance or enforcement hereofeither party.

Waiver of Trial by Jury. Each party of the Parties hereby irrevocably and unconditionally waives the right to a trial by jury in any actionand all actions or proceedings in any court, suitwhether the same is between them or to which they may be Parties, counterclaim or other proceeding (and whether based on contract, tort or otherwise) arising out of, connected with under, or relating to by reason of this Agreement, or any acts or transactions hereunder or the transactions contemplated herebyinterpretation or validity thereof, or the actions out of, under or by reason of the Investor in the negotiationany other contract, administrationagreement or transaction of any kind, performance nature or enforcement hereofdescription whatsoever, whether between them or to which they may be Parties.

Waiver of Trial by Jury. Each To the extent permitted by applicable law, each party hereby hereto irrevocably and unconditionally waives the all right to a of trial by jury in any action, suitproceeding or counterclaim arising out of, counterclaim or other proceeding (in connection with, any Transaction Document or any matter arising thereunder whether based on sounding in contract, tort or otherwise) arising out of, connected with or relating to this Agreement, the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereof.