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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.

Appears in 643 contracts

Samples: Registration Rights Agreement (Columbus Acquisition Corp/Cayman Islands), Registration Rights Agreement (Ribbon Acquisition Corp.), Registration Rights Agreement (Columbus Acquisition Corp/Cayman Islands)

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.

Appears in 227 contracts

Samples: Registration Rights Agreement (Innventure, Inc.), Business Combination Agreement (Learn CW Investment Corp), Registration Rights Agreement (Cadiz Inc)

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.

Appears in 52 contracts

Samples: Merger Agreement (Clearday, Inc.), Merger Agreement (Viveon Health Acquisition Corp.), Registration Rights Agreement (Viveon Health Acquisition Corp.)

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.

Appears in 46 contracts

Samples: E Sign Disclosure and Agreement to Electronic Delivery, Internet Banking and Bill Payment Agreement, Internet Banking and Bill Payment 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.

Appears in 43 contracts

Samples: Registration Rights Agreement (Embrace Change Acquisition Corp.), Registration Rights Agreement (Kairous Acquisition Corp. LTD), Registration Rights Agreement (GigCapital5, Inc.)

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.

Appears in 40 contracts

Samples: Purchase and Sale Agreement (RREEF Property Trust, Inc.), Purchase and Sale Agreement (Medalist Diversified REIT, Inc.), Purchase and Sale Agreement (Selina Hospitality PLC)

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.

Appears in 34 contracts

Samples: Custodial Agreement, Custodial Agreement, Custodial Agreement

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.

Appears in 29 contracts

Samples: Securities Purchase Agreement, Securities Purchase Agreement (Navios Maritime Partners L.P.), Securities Escrow Agreement (GP Investments Acquisition Corp.)

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.

Appears in 27 contracts

Samples: Registration Rights Agreement (OneMedNet Corp), Registration Rights Agreement (OneMedNet Corp), Registration Rights Agreement (OneMedNet Corp)

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.

Appears in 22 contracts

Samples: Common Stock Warrant Agreement (BioScrip, Inc.), Common Stock Warrant Agreement (BioScrip, Inc.), Warrant Agreement (Gener8 Maritime, Inc.)

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.

Appears in 21 contracts

Samples: Agreement and Plan of Merger (Marathon Acquisition Corp.), Registration Rights Agreement (Healthcare Acquisition Partners Corp.), Registration Rights Agreement (Platform Acquisition Corp. International)

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.

Appears in 20 contracts

Samples: Indenture (Oportun Financial Corp), Indenture (Oportun Financial Corp), Indenture (Oportun Financial Corp)

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.

Appears in 20 contracts

Samples: Servicing Agreement (Conns Inc), Servicing Agreement (Conns Inc), Servicing Agreement (Conns Inc)

Waiver of Trial by Jury. Each party of the parties hereto hereby irrevocably and unconditionally waives the right to a trial by jury in with respect to any action, suit, counterclaim litigation directly or other proceeding (whether based on contract, tort or otherwise) indirectly arising out of, connected under 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 hereofIndenture.

Appears in 16 contracts

Samples: Indenture (US Foods Holding Corp.), Trust Indenture, Indenture (Phinia Inc.)

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.

Appears in 16 contracts

Samples: Receivables Sale Agreement (Ipalco Enterprises, Inc.), Receivables Sale Agreement (Great Plains Energy Inc), Purchase and Sale Agreement (Great Plains Energy Inc)

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.

Appears in 15 contracts

Samples: 2002 Master Agreement, 2002 Master Agreement (Booz Allen Hamilton Holding Corp), 2002 Master Agreement (Booz Allen Hamilton Holding Corp)

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.

Appears in 14 contracts

Samples: Isda Master Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2008-1), Isda Master Agreement (Sasco 2007-Eq1), Isda Master Agreement (Sasco 2007-Eq1)

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.

Appears in 14 contracts

Samples: Registration Rights Agreement (STG Group, Inc.), Registration Rights Agreement (Global Defense & National Security Holdings LLC), Registration Rights Agreement (Global Defense & National Security Systems, Inc.)

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.

Appears in 14 contracts

Samples: Lease and Project Agreement, Lease and Project Agreement, Lease and Project 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.. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

Appears in 13 contracts

Samples: Registration Rights Agreement (Health Sciences Acquisitions Corp 2), Registration Rights Agreement (Health Sciences Acquisitions Corp 2), Registration Rights Agreement (8i Enterprises Acquisition Corp.)

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.

Appears in 13 contracts

Samples: Item 1115 Agreement (Residential Asset Securitization Trust 2006-A11), Item 1115 Agreement (Alternative Loan Trust 2006-41cb), 1115 Agreement (IndyMac INDX Mortgage Loan Trust 2007-Flx3)

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.

Appears in 12 contracts

Samples: Warrant Agreement (Peabody Energy Corp), Warrant Agreement (Chaparral Energy, Inc.), Warrant Agreement (Energy XXI Gulf Coast, Inc.)

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.

Appears in 10 contracts

Samples: Master Agreement (CWABS Asset-Backed Certificates Trust 2006-3), Isda Master Agreement (Alternative Loan Trust 2006-Oc3), Master Agreement (CWABS Asset-Backed Certificates Trust 2006-19)

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.

Appears in 9 contracts

Samples: Merger Agreement (Mid Penn Bancorp Inc), Merger Agreement (William Penn Bancorporation), Merger Agreement (Mid Penn Bancorp Inc)

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.

Appears in 9 contracts

Samples: Investor Rights Agreement (American Virtual Cloud Technologies, Inc.), Investor Rights Agreement (Ribbon Communications Inc.), Registration Rights Agreement (Betterware De Mexico, S.A. De C.V.)

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.

Appears in 8 contracts

Samples: Stock Purchase Agreement (BankFinancial CORP), Preferred Stock Repurchase Agreement (Limbach Holdings, Inc.), Stock Purchase Agreement (PL Capital, LLC)

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the right to a trial by jury in any actionTHE PARTIES HERETO WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING UNDER THIS AGREEMENT OR ANY ACTION OR PROCEEDING ARISING OUT OF THE TRANSACTIONS CONTEMPLATED HEREBY, 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 hereofREGARDLESS OF WHICH PARTY INITIATES SUCH ACTION OR PROCEEDING.

Appears in 8 contracts

Samples: Share Purchase Agreement, Stock Purchase Agreement (Hill International, Inc.), Share Purchase Agreement (Halyard Health, Inc.)

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.

Appears in 8 contracts

Samples: Warrant Agreement (Western Liberty Bancorp), Warrant Agreement (Western Liberty Bancorp), Warrant Agreement (Global Consumer Acquisition Corp.)

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

Appears in 8 contracts

Samples: Stock Purchase Agreement (Magnetek Inc), Asset Purchase Agreement (Danka Business Systems PLC), Stock Purchase Agreement (Walter Industries Inc /New/)

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.

Appears in 7 contracts

Samples: Registration Rights Agreement (57th Street General Acquisition Corp), Registration Rights Agreement (HUGHES Telematics, Inc.), Registration Rights Agreement (57th Street General Acquisition Corp)

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.

Appears in 7 contracts

Samples: Development Rights Purchase and Sale Agreement, Memorandum of Understanding, Memorandum of Understanding

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.

Appears in 7 contracts

Samples: Isda Master Agreement (Lehman XS Trust Series 2005-1), Isda Master Agreement (Lehman XS Trust 2006-11), Isda Master Agreement (Lehman XS Trust 2006-17)

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.

Appears in 7 contracts

Samples: Registration and Stockholder Rights Agreement (Vincera Pharma, Inc.), Registration Rights Agreement (Long Island Iced Tea Corp.), Registration Rights Agreement (Cullen Agricultural Holding Corp)

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.

Appears in 7 contracts

Samples: Registration Rights Agreement (Cazador Acquisition Corp Ltd.), Registration Rights Agreement (Cazador Acquisition Corp Ltd.), Registration Rights Agreement (Sidhu Special Purpose Capital Corp.)

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.

Appears in 7 contracts

Samples: Registration Rights Agreement (China VantagePoint Acquisition Co), Registration Rights Agreement (China VantagePoint Acquisition Co), Registration Rights Agreement (China VantagePoint Acquisition Co)

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.

Appears in 6 contracts

Samples: Registration Rights Agreement (OFS Capital Corp), Registration Rights Agreement (Tortoise Energy Infrastructure Corp), Registration Rights Agreement (OFS Capital, LLC)

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.

Appears in 6 contracts

Samples: Operating Agreement (Iron Bridge Mortgage Fund, LLC), Operating Agreement (Iron Bridge Mortgage Fund LLC), Operating 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 Initial Stockholder in the negotiation, administration, performance or enforcement hereof.

Appears in 6 contracts

Samples: Registration Rights Agreement (MBF Healthcare Acquisition Corp.), Registration Rights Agreement (Bank Street Telecom Funding Corp.), Registration Rights Agreement (MBF Healthcare Acquisition Corp.)

Waiver of Trial by Jury. Each party hereby irrevocably of the Agent and unconditionally each Primary Party waives the all 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.

Appears in 6 contracts

Samples: Agency Agreement (Oconee Financial Corp), Agency Agreement (Oconee Financial Corp), Agency Agreement (Wells Financial Corp)

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.

Appears in 5 contracts

Samples: Merger Agreement (CU Bancorp), Merger Agreement (CU Bancorp), Agreement and Plan of Merger (First California Financial Group, Inc.)

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.

Appears in 5 contracts

Samples: Registration Rights Agreement (Bimini Capital Management, Inc.), Registration Rights Agreement (FlatWorld Acquisition Corp.), Registration Rights Agreement (FlatWorld Acquisition Corp.)

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.

Appears in 5 contracts

Samples: Schedule to the 1992 Master Agreement (Fuelcell Energy Inc), Schedule to the Master Agreement (Accredited Home Lenders Holding Co), Schedule to the Master Agreement (Accredited Home Lenders Holding Co)

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.

Appears in 5 contracts

Samples: Registration Rights Agreement (BiomX Inc.), Piggy Back Registration Rights Agreement (PECK Co HOLDINGS, INC.), Registration Rights Agreement (HF Foods Group Inc.)

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.

Appears in 5 contracts

Samples: Merger Agreement (Poage Bankshares, Inc.), Merger Agreement (Berkshire Hills Bancorp Inc), Merger Agreement (Beacon Federal Bancorp, Inc.)

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.

Appears in 5 contracts

Samples: Registration Rights Agreement (Trebia Acquisition Corp.), Registration Rights Agreement (Foley Trasimene Acquisition Corp.), Registration Rights Agreement (Trebia Acquisition Corp.)

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.

Appears in 4 contracts

Samples: Incentive Warrant (Dekania Corp.), Incentive Warrant (Dekania Corp.), Incentive Warrant (Alpha Security Group CORP)

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.

Appears in 4 contracts

Samples: Registration Rights Agreement (Scienjoy Holding Corp), Registration Rights Agreement (Compass Diversified Holdings), Registration Rights Agreement (Compass Diversified Trust)

Waiver of Trial by Jury. Each party The respective parties hereto shall and they hereby irrevocably and unconditionally waives the right to a do waive trial by jury in any action, suit, proceeding or counterclaim brought by either of the parties hereto against the other (except for personal injury or other proceeding (whether based property damage) 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.

Appears in 4 contracts

Samples: Purchase and Sale Agreement (PBSJ Corp /Fl/), Purchase and Sale Agreement (Mid Atlantic Medical Services Inc), Purchase Agreement (JMB Income Properties LTD Xiii)

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.

Appears in 4 contracts

Samples: Registration Rights Agreement (Fortress America Acquisition CORP), Registration Rights Agreement (Ats Corp), Lock Up Agreement (Gallagher Gerard J)

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.

Appears in 4 contracts

Samples: Registration Rights Agreement (Waha Capital PJSC), Registration Rights Agreement (Al Nowais Investments LLC), Registration Rights Agreement (National Energy Services Reunited Corp.)

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.]

Appears in 4 contracts

Samples: Registration Rights Agreement (Korea Milestone Acquisition CORP), Registration Rights Agreement (Korea Milestone Acquisition CORP), Registration Rights Agreement (Korea Milestone Acquisition CORP)

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.

Appears in 3 contracts

Samples: Registration Rights Agreement (Global Entertainment & Media Holdings Corp), Registration Rights Agreement (iStar Acquisition Corp.), Registration Rights Agreement (iStar Acquisition Corp.)

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.

Appears in 3 contracts

Samples: Shares Purchase Exchange Agreement (National Energy Services Reunited Corp.), Registration Rights Agreement (National Energy Services Reunited Corp.), Registration Rights Agreement (Olayan Saudi Holding Co)

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

Appears in 3 contracts

Samples: Common Stock Repurchase Agreement (Ludwig Enterprises, Inc.), Promissory Note (H-Cyte, Inc.), Promissory Note (Aspen Group, Inc.)

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.

Appears in 3 contracts

Samples: Securities Escrow Agreement (iStar Acquisition Corp.), Securities Escrow Agreement (Global Entertainment & Media Holdings Corp), Securities Escrow Agreement (iStar Acquisition Corp.)

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.

Appears in 3 contracts

Samples: Registration Rights Agreement (Navios Maritime Partners L.P.), Registration Rights Agreement (Navios Maritime Acquisition CORP), Registration Rights Agreement (Navios Maritime Acquisition CORP)

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.

Appears in 3 contracts

Samples: Registration Rights Agreement (Resolute Energy Corp), Registration Rights Agreement (Spo Advisory Corp), Registration Rights Agreement (Resolute Energy Corp)

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.

Appears in 3 contracts

Samples: Warrant Agreement (Third Wave Acquisition CORP), Warrant Agreement (CR Acquisition Corp.), Warrant Agreement (Third Wave Acquisition CORP)

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]

Appears in 2 contracts

Samples: Registration Rights Agreement (Capitol Investment Corp. VI), Registration Rights Agreement (Capitol Investment Corp. VII)

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.

Appears in 2 contracts

Samples: Merger Agreement (American Bancorp of New Jersey Inc), Merger Agreement (Investors Bancorp Inc)

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.

Appears in 2 contracts

Samples: Agency Agreement (Bridge Street Financial Inc), Agency Agreement (Bridge Street Financial Inc)

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.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement 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.

Appears in 2 contracts

Samples: Registration Rights Agreement (Selway Capital Acquisition Corp.), Registration Rights Agreement (Navios Maritime Partners L.P.)

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.

Appears in 2 contracts

Samples: Share Purchase Agreement, Share Purchase 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 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.

Appears in 2 contracts

Samples: Business Combination Agreement (Oxus Acquisition Corp.), Registration Rights Agreement (Oxus Acquisition Corp.)

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.

Appears in 2 contracts

Samples: Registration Rights Agreement (Bimini Capital Management, Inc.), Registration Rights Agreement (FlatWorld Acquisition Corp.)

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.

Appears in 2 contracts

Samples: Registration Rights Agreement (Gaming & Hospitality Acquisition Corp.), Registration Rights Agreement (Gaming & Hospitality Acquisition Corp.)

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.

Appears in 2 contracts

Samples: Registration Rights Agreement (Arcade China Acquisition Corp), Registration Rights Agreement (Arcade China Acquisition Corp)

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]

Appears in 2 contracts

Samples: Merger Agreement (Alliance Financial Corp /Ny/), Merger Agreement (Bridge Street Financial Inc)

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.

Appears in 2 contracts

Samples: Registration Rights Agreement (Acquicor Technology Inc), Registration Rights Agreement (Acquicor Technology Inc)

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.

Appears in 2 contracts

Samples: Service Agreement, Utility Services 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 Capital Partners or GTI in the negotiation, administration, performance or enforcement hereof.

Appears in 2 contracts

Samples: Registration Rights Agreement (Global Technology Industries, Inc.), Registration Rights Agreement (Global Technology Industries, Inc.)

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).

Appears in 2 contracts

Samples: Merger Agreement (Vertex Pharmaceuticals Inc / Ma), Merger Agreement (Carbonite Inc)

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.)

Appears in 2 contracts

Samples: Registration Rights Agreement (China Resources Ltd.), Registration Rights Agreement (China Energy & Resources LTD)

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.

Appears in 2 contracts

Samples: Registration Rights Agreement (Atlas Acquisition Holdings Corp.), Registration Rights Agreement (Atlas Acquisition Holdings Corp.)

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.

Appears in 2 contracts

Samples: Registration Rights Agreement (Nautilus Marine Acquisition Corp), Registration Rights Agreement (Nautilus Marine Acquisition Corp)

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.

Appears in 2 contracts

Samples: Power Purchase and Operating Agreement, Power Purchase and Operating Agreement

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.

Appears in 2 contracts

Samples: Internet Banking and Bill Payment Agreement, Internet Banking and Bill Payment Agreement

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.

Appears in 2 contracts

Samples: Settlement Agreement (Ambac Financial Group Inc), Settlement Agreement

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

Appears in 2 contracts

Samples: Option Agreement (Salton Inc), Option Agreement (Salton Inc)

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]

Appears in 2 contracts

Samples: Registration Rights Agreement (Freedom Acquisition Holdings, Inc.), Registration Rights Agreement (Freedom Acquisition Holdings, Inc.)

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.]

Appears in 2 contracts

Samples: Registration Rights Agreement (Tremisis Energy Acquisition Corp), Registration Rights Agreement (Tremisis Energy Acquisition Corp)

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.

Appears in 2 contracts

Samples: Distribution and Marketing Agreement (NCT Group Inc), Exclusive Marketing License Agreement (NCT Group Inc)

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 Navios Holdings or the Investor Investors in the negotiation, administration, performance or enforcement hereof.

Appears in 1 contract

Samples: Registration Rights Agreement (Navios Maritime Acquisition CORP)

Waiver of Trial by Jury. Each party hereby 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 under this agreement or otherwise) arising out of, connected with or relating to this Agreement, of the transactions contemplated hereby, regardless of which party initiates such action, suit or the actions of the Investor in the negotiation, administration, performance or enforcement hereofproceeding.

Appears in 1 contract

Samples: Asset Purchase Agreement (Hudson Respiratory Care Inc)

Waiver of Trial by Jury. 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.

Appears in 1 contract

Samples: Receivables Sale Agreement (Tronox Inc)

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 Maxim Group in the negotiation, administration, performance or enforcement hereof.

Appears in 1 contract

Samples: Registration Rights Agreement (S.E. Asia Emerging Market Company., LTD)

Waiver of Trial by Jury. Each party hereby irrevocably and unconditionally waives the The parties waive any right to a trial by jury in with respect to any action, suit, counterclaim claim or other proceeding (whether based on contract, tort or otherwise) action arising out ofof this Agreement or any action or omission of Buyer, connected Parent or Seller 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 hereofContemplated Transactions. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

Appears in 1 contract

Samples: Asset Purchase Agreement (Iptimize, Inc.)

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.

Appears in 1 contract

Samples: Digital Banking Agreement

Waiver of Trial by Jury. Each party hereby irrevocably The parties hereto (including, in the case of the Company, in its own behalf and, to the extent permitted by applicable law, on behalf of its subsidiaries and unconditionally waives the affiliates) waive all right to a trial by jury in any such action, suit, proceeding 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.

Appears in 1 contract

Samples: Stock Purchase Agreement (Dqe Inc)

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 Stockholder in the negotiation, administration, performance or enforcement hereof.

Appears in 1 contract

Samples: Registration Rights Agreement (PECK Co HOLDINGS, INC.)

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 Shareholders in the negotiation, administration, performance or enforcement hereof.

Appears in 1 contract

Samples: Registration Rights Agreement (Atlas Industries Holdings LLC)

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.

Appears in 1 contract

Samples: Registration Rights Agreement (Planvista Corp)

Waiver of Trial by Jury. Each The Parties hereby knowingly, voluntarily and intentionally waive any right that any party hereby irrevocably and unconditionally waives the right may have to a trial by jury in respect of 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 this agreement or relating any other documents executed in connection herewith, or in respect of any course of conduct, statements (whether oral or written), or actions of any party. This provision is a material inducement for each of the Parties to enter into this Agreement, the transactions contemplated hereby, or the actions of the Investor in the negotiation, administration, performance or enforcement hereof.. 57

Appears in 1 contract

Samples: Asset Purchase Agreement (CNL Lifestyle Properties Inc)

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

Appears in 1 contract

Samples: Registration Rights Agreement (Open Acquisition Corp.)

Waiver of Trial by Jury. Each To the extent permitted by applicable law, each party hereby 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 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.

Appears in 1 contract

Samples: Asset Purchase Agreement (Cadence Financial Corp)

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.. ​ ​

Appears in 1 contract

Samples: Registration Rights Agreement (ROC Energy Acquisition Corp.)

Waiver of Trial by Jury. Each party Party hereby irrevocably and unconditionally waives waive 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 hereby, hereby or the actions of the Investor in the negotiation, administration, performance or enforcement hereofthereby.

Appears in 1 contract

Samples: Merger Agreement (San Holdings Inc)

Waiver of Trial by Jury. Each party hereby irrevocably The Parties waive fully any and unconditionally waives the all right to a trial by jury [ILLEGIBLE] in connection with any action, suit, counterclaim action to enforce any provision of this Agreement or other proceeding (whether based on contract, tort or otherwise) arising out of, connected with or any action relating to this Agreement, the transactions contemplated herebyand acknowledge and agree that this waiver voluntary, knowing, and irrevocable with regard to any dispute or the actions claim of the Investor whatever type arising out of or in the negotiation, administration, performance or enforcement hereofany manner relating to this Agreement.

Appears in 1 contract

Samples: Settlement Agreement (Innuity, Inc. /Ut/)

Waiver of Trial by Jury. Each party hereby irrevocably In the event of any litigation with ------------------------- respect to this Agreement or any instrument document executed and unconditionally delivered in connection herewith, each Party waives the its 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 hereofjury.

Appears in 1 contract

Samples: Marketing Agreement (Pathnet Inc)