WAIVERS OF JURY TRIAL. THE BORROWER, THE ADMINISTRATIVE AGENT AND THE LENDERS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 37 contracts
Samples: Term Loan Credit Agreement (ITC Holdings Corp.), Revolving Credit Agreement (ITC Holdings Corp.), Revolving Credit Agreement (ITC Holdings Corp.)
WAIVERS OF JURY TRIAL. EACH OF THE BORROWERISSUER, THE ADMINISTRATIVE AGENT GUARANTORS AND THE LENDERS TRUSTEE HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT INDENTURE, THE NOTES OR THE NOTE GUARANTEES AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 33 contracts
Samples: Indenture (Community Health Systems Inc), Indenture (Community Health Systems Inc), Indenture (Community Health Systems Inc)
WAIVERS OF JURY TRIAL. THE BORROWER, THE ADMINISTRATIVE AGENT AND THE LENDERS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 30 contracts
Samples: Term Loan Agreement (Midocean Capital Partners Lp), Credit Agreement (Big City Radio Inc), Credit Agreement (Cogentrix Energy Inc)
WAIVERS OF JURY TRIAL. THE BORROWER, THE OTHER CREDIT PARTIES, THE ADMINISTRATIVE AGENT AND THE LENDERS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE WAIVE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER CREDIT DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 26 contracts
Samples: Credit Agreement (Dollar Tree Inc), Credit Agreement (Red Robin Gourmet Burgers Inc), Credit Agreement (Consolidated Graphics Inc /Tx/)
WAIVERS OF JURY TRIAL. EACH OF THE BORROWER, THE ADMINISTRATIVE AGENT AND THE LENDERS PARTIES HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE WAIVES TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 25 contracts
Samples: Credit Agreement (Cypress Environmental Partners, L.P.), Credit Agreement (Cypress Environmental Partners, L.P.), Credit Agreement (Sprague Resources LP)
WAIVERS OF JURY TRIAL. EACH OF THE BORROWERISSUER, THE ADMINISTRATIVE AGENT GUARANTORS AND THE LENDERS TRUSTEE HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT INDENTURE, THE NOTES OR THE GUARANTEES AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 24 contracts
Samples: Indenture (Carvana Co.), Indenture (Carvana Co.), Indenture (Carvana Co.)
WAIVERS OF JURY TRIAL. EACH OF THE PARENT, HOLDINGS, THE BORROWER, THE ADMINISTRATIVE AGENT AND THE LENDERS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 14 contracts
Samples: Credit Agreement (Vince Holding Corp.), Credit Agreement (Vince Holding Corp.), Credit Agreement (Vince Holding Corp.)
WAIVERS OF JURY TRIAL. EACH OF THE BORROWERISSUERS, THE ADMINISTRATIVE AGENT GUARANTORS AND THE LENDERS TRUSTEE HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT INDENTURE, THE NOTES OR THE GUARANTEES AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 12 contracts
Samples: Indenture (Ladder Capital Corp), Indenture (Ladder Capital Corp), Indenture (Ladder Capital Corp)
WAIVERS OF JURY TRIAL. THE BORROWER, THE ADMINISTRATIVE AGENT AND THE LENDERS EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 12 contracts
Samples: Credit Agreement (Six Flags Entertainment Corp), Credit Agreement (Six Flags Entertainment Corp), Credit Agreement (Six Flags Entertainment Corp)
WAIVERS OF JURY TRIAL. THE BORROWER, THE ADMINISTRATIVE AGENT AND THE LENDERS HEREBY EACH PARTY HERETO IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 11 contracts
Samples: Security Agreement, Investment Management Agreement, Credit Agreement (Mavenir Private Holdings II Ltd.)
WAIVERS OF JURY TRIAL. THE BORROWER, THE ADMINISTRATIVE AGENT AND THE LENDERS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR THE NOTES OR ANY OTHER LOAN DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 10 contracts
Samples: Credit Agreement (Northwestern Corp), Credit Agreement (Cornerstone Propane Partners Lp), Credit Agreement (Northwestern Corp)
WAIVERS OF JURY TRIAL. EACH OF THE BORROWERBORROWERS, THE GUARANTORS, THE ADMINISTRATIVE AGENT AND THE LENDERS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 10 contracts
Samples: Credit Agreement (Clarivate PLC), Incremental and Refinancing Amendment (Powerschool Holdings, Inc.), First Lien Credit Agreement (Powerschool Holdings, Inc.)
WAIVERS OF JURY TRIAL. EACH OF HOLDINGS, THE BORROWERBORROWERS, THE GUARANTORS, THE ADMINISTRATIVE AGENT AND THE LENDERS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 9 contracts
Samples: Credit Agreement (Emerald Holding, Inc.), Credit Agreement (Emerald Holding, Inc.), Amendment No. 3 (JELD-WEN Holding, Inc.)
WAIVERS OF JURY TRIAL. EACH OF THE BORROWERISSUERS, THE ADMINISTRATIVE AGENT GUARANTORS, THE TRUSTEE AND THE LENDERS COLLATERAL AGENT HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT INDENTURE, THE NOTES OR THE NOTE GUARANTEES AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 8 contracts
Samples: Indenture (Restaurant Brands International Limited Partnership), Indenture (Restaurant Brands International Inc.), Indenture (Restaurant Brands International Limited Partnership)
WAIVERS OF JURY TRIAL. THE REIT, THE BORROWER, THE ADMINISTRATIVE AGENT AGENTS AND THE LENDERS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 7 contracts
Samples: Amendment and Restatement Agreement (Chatham Lodging Trust), Credit Agreement (Chatham Lodging Trust), Credit Agreement (Chatham Lodging Trust)
WAIVERS OF JURY TRIAL. EACH OF THE BORROWERISSUERS, THE ADMINISTRATIVE AGENT GUARANTORS AND THE LENDERS TRUSTEE HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT INDENTURE, THE NOTES OR THE NOTE GUARANTEES AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 6 contracts
Samples: Indenture (Yum Brands Inc), Indenture (Yum Brands Inc), Indenture (Acelity L.P. Inc.)
WAIVERS OF JURY TRIAL. THE BORROWER, THE ADMINISTRATIVE SECURITY AGENT AND THE LENDERS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER OPERATIVE AGREEMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 6 contracts
Samples: Loan Agreement (Airtran Holdings Inc), Loan Agreement (Airtran Holdings Inc), Loan Agreement (Airtran Holdings Inc)
WAIVERS OF JURY TRIAL. THE BORROWER, THE ADMINISTRATIVE AGENT AND THE LENDERS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE WAIVE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER CREDIT DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 6 contracts
Samples: Credit Agreement (Ruddick Corp), Credit Agreement (Ruddick Corp), Credit Agreement (Ruddick Corp)
WAIVERS OF JURY TRIAL. EACH OF HOLDINGS, THE BORROWERBORROWERS, THE GUARANTORS, THE ADMINISTRATIVE AGENT AND THE LENDERS PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT AMENDMENT OR ANY OTHER LOAN DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 5 contracts
Samples: Credit Agreement (Emerald Holding, Inc.), Credit Agreement (Emerald Holding, Inc.), Credit Agreement (Emerald Holding, Inc.)
WAIVERS OF JURY TRIAL. THE BORROWER, THE ADMINISTRATIVE AGENT AND THE LENDERS PARTIES HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 5 contracts
Samples: Loan Consolidation and Restructuring Agreement (Caspian Services Inc), Loan Consolidation and Restructuring Agreement (Caspian Services Inc), Note Restructuring Agreement (BMB Munai Inc)
WAIVERS OF JURY TRIAL. TO THE BORROWEREXTENT PERMITTED BY APPLICABLE LAW, THE ADMINISTRATIVE AGENT LESSOR AND THE LENDERS LESSEE HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS LEASE OR ANY OTHER OPERATIVE AGREEMENT TO WHICH SUCH ENTITY IS A PARTY AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 5 contracts
Samples: Lease Agreement (Gc Net Lease Reit, Inc.), Lease (Gc Net Lease Reit, Inc.), Lease (Gc Net Lease Reit, Inc.)
WAIVERS OF JURY TRIAL. EACH OF THE BORROWER, THE ADMINISTRATIVE AGENT LOAN PARTIES AND THE LENDERS LENDER HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE WAIVES TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 4 contracts
Samples: Secured Credit Agreement (General Motors Co), Secured Credit Agreement (General Motors Co), Secured Credit Agreement (General Motors Co)
WAIVERS OF JURY TRIAL. EACH PERSON CONSTITUTING THE BORROWER, THE ADMINISTRATIVE AGENT AND THE LENDERS EACH LENDER HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR THE NOTES OR ANY OTHER LOAN DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 4 contracts
Samples: Revolving Credit Agreement (Guest Supply Inc), Revolving Credit Agreement (Kti Inc), Revolving Credit and Term Loan Agreement (Emerson Radio Corp)
WAIVERS OF JURY TRIAL. EACH OF THE BORROWERBORROWERS, THE ADMINISTRATIVE AGENT AGENT, AND THE LENDERS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 4 contracts
Samples: Credit Agreement (Cadiz Inc), Credit Agreement (Cadiz Inc), Credit Agreement (Cadiz Inc)
WAIVERS OF JURY TRIAL. EACH OF THE BORROWER, THE ADMINISTRATIVE AGENT ISSUER PARTIES AND THE LENDERS NOTEHOLDERS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE WAIVES TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER SECURED NOTE DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 4 contracts
Samples: Secured Note Agreement (General Motors Co), Secured Note Agreement (General Motors Co), Secured Note Agreement (General Motors Co)
WAIVERS OF JURY TRIAL. THE BORROWER, THE ADMINISTRATIVE AGENT AGENTS AND THE LENDERS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER CREDIT DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 3 contracts
Samples: Credit Agreement (Molecular Insight Pharmaceuticals, Inc.), Senior Subordinated Loan Agreement (Rockwood Specialties Group Inc), Credit Agreement (Borders Group Inc)
WAIVERS OF JURY TRIAL. EACH OF HOLDINGS, THE BORROWER, THE GUARANTORS, THE ADMINISTRATIVE AGENT AND THE LENDERS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 3 contracts
Samples: Amendment No. 4 (JELD-WEN Holding, Inc.), Amendment No. 5 (JELD-WEN Holding, Inc.), Amendment No. 3 (JELD-WEN Holding, Inc.)
WAIVERS OF JURY TRIAL. THE BORROWER, THE ADMINISTRATIVE AGENT AND THE LENDERS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER CREDIT DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 3 contracts
Samples: Pik Bridge Loan Agreement (Rockwood Holdings, Inc.), Credit Agreement (Kindercare Learning Centers Inc /De), Credit Agreement (Safeskin Corp)
WAIVERS OF JURY TRIAL. EACH OF THE BORROWERBORROWERS, THE GUARANTORS THE ADMINISTRATIVE AGENT AND THE LENDERS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 3 contracts
Samples: Credit Agreement (Navios South American Logistics Inc.), Credit Agreement (Navios Maritime Partners L.P.), Credit Agreement (Navios Maritime Midstream Partners LP)
WAIVERS OF JURY TRIAL. EACH OF THE BORROWER, THE GUARANTORS, THE ADMINISTRATIVE AGENT AND THE LENDERS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 2 contracts
Samples: Credit Agreement (Mueller Water Products, Inc.), Term Loan Credit Agreement (Mueller Water Products, Inc.)
WAIVERS OF JURY TRIAL. THE BORROWER, THE LENDERS AND THE ADMINISTRATIVE AGENT AND THE LENDERS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER CREDIT DOCUMENT TO WHICH IT IS A PARTY AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 2 contracts
Samples: Credit Agreement (Allied Nevada Gold Corp.), Credit Agreement (Allied Nevada Gold Corp.)
WAIVERS OF JURY TRIAL. THE BORROWER, THE ADMINISTRATIVE AGENT AND THE LENDERS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 2 contracts
Samples: Credit Agreement (ESH Hospitality, Inc.), Revolving Credit Loan and Security Agreement (Ashford Hospitality Trust Inc)
WAIVERS OF JURY TRIAL. THE BORROWERBORROWERS, THE ADMINISTRATIVE AGENT AND THE LENDERS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE WAIVE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER CREDIT DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 2 contracts
Samples: Credit Agreement (Si International Inc), Credit Agreement (Si International Inc)
WAIVERS OF JURY TRIAL. THE BORROWER, THE ADMINISTRATIVE AGENT EACH OF DEBTOR AND THE LENDERS SECURED PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR THE NOTE OR ANY OTHER FINANCING DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 2 contracts
Samples: Purchase Order Financing Agreement (Ondas Holdings Inc.), Purchase Order Financing Agreement (Amincor, Inc.)
WAIVERS OF JURY TRIAL. THE BORROWER, THE ADMINISTRATIVE AGENT AND THE LENDERS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER CREDIT DOCUMENT TO WHICH IT IS A PARTY AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 2 contracts
Samples: Revolving Credit Agreement (ITC Holdings Corp.), Revolving Credit Agreement (ITC Holdings Corp.)
WAIVERS OF JURY TRIAL. EACH OF THE BORROWER, THE GUARANTORS THE ADMINISTRATIVE AGENT AND THE LENDERS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement (Navios Maritime Partners L.P.)
WAIVERS OF JURY TRIAL. THE BORROWERCOMPANY, THE ADMINISTRATIVE AGENT AND THE LENDERS BANKS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY NOTE AND FOR ANY COUNTERCLAIM THEREIN.. [Signatures on Following Pages]
Appears in 2 contracts
Samples: Credit Agreement (Delta Air Lines Inc /De/), Credit Agreement (Delta Air Lines Inc /De/)
WAIVERS OF JURY TRIAL. EACH PERSON CONSTITUTING THE --------------------- BORROWER, THE ADMINISTRATIVE AGENT AND THE LENDERS EACH LENDER HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR THE NOTES OR ANY OTHER LOAN DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (Guest Supply Inc), Revolving Credit Agreement (Guest Supply Inc)
WAIVERS OF JURY TRIAL. EACH OF HOLDINGS, THE BORROWER, THE SUBSIDIARY GUARANTORS, THE ADMINISTRATIVE AGENT AND THE LENDERS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT AMENDMENT OR ANY OTHER LOAN DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 1 contract
Samples: Credit Agreement (Emerald Expositions Events, Inc.)
WAIVERS OF JURY TRIAL. THE EACH BORROWER, THE ADMINISTRATIVE AGENT AND THE LENDERS EACH TRANCHE B LENDER HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 1 contract
Samples: New Term Loan Joinder Agreement (NXP Semiconductors N.V.)
WAIVERS OF JURY TRIAL. THE BORROWER, THE ADMINISTRATIVE AGENT COMPANY AND THE LENDERS TRUSTEE HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS INDENTURE, THE NOTES, ANY COLLATERAL DOCUMENT OR THE INDENTURE SUBORDINATION AGREEMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 1 contract
WAIVERS OF JURY TRIAL. THE BORROWER, THE ADMINISTRATIVE AGENT EACH OF DEBTOR AND THE LENDERS SECURED PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR THE NOTE OR ANY OTHER FINANCING DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.. Section 8.17
Appears in 1 contract
Samples: Purchase Order Financing Agreement
WAIVERS OF JURY TRIAL. THE BORROWERBORROWERS, THE ADMINISTRATIVE AGENT AND THE LENDERS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 1 contract
WAIVERS OF JURY TRIAL. THE PARENT, THE BORROWER, THE ADMINISTRATIVE AGENT AND THE LENDERS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR THE NOTES OR ANY OTHER LOAN DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 1 contract
WAIVERS OF JURY TRIAL. THE BORROWER, THE ADMINISTRATIVE AGENT --------------------- AND THE LENDERS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR THE NOTES OR ANY OTHER LOAN DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 1 contract
WAIVERS OF JURY TRIAL. THE EACH BORROWER, THE ADMINISTRATIVE AGENT AND THE LENDERS EACH TRANCHE F LENDER HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 1 contract
Samples: New Term Loan Joinder Agreement (NXP Semiconductors N.V.)
WAIVERS OF JURY TRIAL. THE BORROWERBORROWERS, THE ADMINISTRATIVE ---------------------- AGENT AND THE LENDERS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT AND FOR ANY COUNTERCLAIM THEREINWITH RESPECT THERETO TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Appears in 1 contract
WAIVERS OF JURY TRIAL. THE BORROWERBORROWERS, THE ADMINISTRATIVE AGENT LENDERS AND THE LENDERS AGENT HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT TO WHICH IT IS A PARTY AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 1 contract
Samples: Credit Agreement (Vitran Corp Inc)
WAIVERS OF JURY TRIAL. THE BORROWERBORROWERS, THE ADMINISTRATIVE GUARANTOR, THE AGENT AND --------------------- THE LENDERS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER CREDIT DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 1 contract
WAIVERS OF JURY TRIAL. EACH OF HOLDINGS, THE BORROWER, THE GUARANTORS THE ADMINISTRATIVE AGENT AND THE LENDERS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 1 contract
WAIVERS OF JURY TRIAL. THE EACH BORROWER, THE ADMINISTRATIVE AGENT AND THE LENDERS EACH 2012 INCREMENTAL LENDER HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 1 contract
Samples: Incremental Joinder Agreement (NXP Semiconductors N.V.)
WAIVERS OF JURY TRIAL. THE BORROWER, THE ADMINISTRATIVE AGENT AGENTS AND THE --------------------- LENDERS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR THE NOTES OR ANY OTHER LOAN DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 1 contract
Samples: Credit Agreement (Four Media Co)
WAIVERS OF JURY TRIAL. THE BORROWER, THE ADMINISTRATIVE AGENT PLEDGOR AND THE LENDERS COLLATERAL AGENT HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 1 contract
WAIVERS OF JURY TRIAL. EACH OF THE BORROWERBORROWERS, THE ADMINISTRATIVE AGENT LENDERS AND THE LENDERS AGENT HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE WAIVES TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT TO WHICH IT IS A PARTY AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 1 contract
Samples: Credit Agreement (Vitran Corp Inc)
WAIVERS OF JURY TRIAL. THE REIT, THE BORROWER, THE ADMINISTRATIVE AGENT AGENTS AND THE LENDERS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT AND FOR ANY COUNTERCLAIM THEREIN.THIS
Appears in 1 contract
WAIVERS OF JURY TRIAL. EACH OF HOLDINGS, THE BORROWER, THE GUARANTORS THE ADMINISTRATIVE AGENT AND THE LENDERS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT AMENDMENT OR ANY OTHER LOAN DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 1 contract
WAIVERS OF JURY TRIAL. THE EACH BORROWER, THE ADMINISTRATIVE AGENT AND THE LENDERS EACH TRANCHE C LENDER HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 1 contract
Samples: New Term Loan Joinder Agreement (NXP Semiconductors N.V.)
WAIVERS OF JURY TRIAL. EACH OF THE PARENT, EACH BORROWER, THE ADMINISTRATIVE AGENT AND THE LENDERS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 1 contract
Samples: Credit Agreement (YCC Holdings LLC)
WAIVERS OF JURY TRIAL. THE REIT, THE BORROWER, THE ADMINISTRATIVE AGENT AGENTS AND THE LENDERS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 1 contract
WAIVERS OF JURY TRIAL. THE BORROWERISSUER, THE ADMINISTRATIVE AGENT SUBSIDIARY GUARANTORS AND THE LENDERS TRUSTEE HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT INDENTURE, THE NOTES OR THE GUARANTEES AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 1 contract
Samples: Indenture (Radioshack Corp)
WAIVERS OF JURY TRIAL. EACH OF HOLDINGS, THE BORROWERBORROWERSBORROWER, THE GUARANTORS, THE ADMINISTRATIVE AGENT AND THE LENDERS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 1 contract
WAIVERS OF JURY TRIAL. THE EACH BORROWER, THE ADMINISTRATIVE EACH AGENT AND THE LENDERS EACH LENDER HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 1 contract
Samples: Joinder and Amendment Agreement (NXP Semiconductors N.V.)
WAIVERS OF JURY TRIAL. THE BORROWER, THE ADMINISTRATIVE AGENT AGENT, THE SWINGLINE LENDER, THE LETTER OF CREDIT ISSUER AND THE LENDERS EACH LENDER HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER CREDIT DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 1 contract
Samples: Credit Agreement (Denbury Inc)
WAIVERS OF JURY TRIAL. THE BORROWER, THE ADMINISTRATIVE AGENT EACH OF DEBTOR AND THE LENDERS LENDER HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR THE NOTE OR ANY OTHER FINANCING DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
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Samples: Purchase Order Financing Agreement (Ondas Holdings Inc.)
WAIVERS OF JURY TRIAL. THE BORROWERBORROWERS, THE ADMINISTRATIVE GUARANTOR, THE AGENT AND THE LENDERS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER CREDIT DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
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Samples: Credit Agreement (Providian Corp)
WAIVERS OF JURY TRIAL. THE BORROWER, THE ADMINISTRATIVE AGENT AND THE LENDERS --------------------- HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR THE NOTES OR ANY OTHER LOAN DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
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WAIVERS OF JURY TRIAL. THE BORROWER, THE ADMINISTRATIVE AGENT COMPANY AND THE LENDERS HOLDERS OF THE NOTES HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
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WAIVERS OF JURY TRIAL. THE BORROWERBORROWER AND, BY ACCEPTANCE HEREOF, THE ADMINISTRATIVE AGENT AND THE LENDERS LENDER HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ALL RIGHTS TO TRIAL BY JURY IN ANY LEGAL SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS TERM LOAN AGREEMENT AND FOR ANY COUNTERCLAIM THEREINOR THE TRANSACTIONS CONTEMPLATED HEREBY.
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Samples: Term Loan Agreement (Tekni Plex Inc)
WAIVERS OF JURY TRIAL. THE BORROWER, THE ADMINISTRATIVE AGENT BORROWER AND THE LENDERS LENDER HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT AND FOR ANY COUNTERCLAIM THEREINASSERTED HEREIN.
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Samples: Loan Agreement (Aar Corp)
WAIVERS OF JURY TRIAL. THE BORROWER, THE ADMINISTRATIVE AGENT EACH OF DEBTOR AND THE LENDERS SECURED PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT AGREEMENT, THE NOTE OR ANY OTHER FINANCING DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
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Samples: Purchase Order Financing Agreement (Revolution Lighting Technologies, Inc.)
WAIVERS OF JURY TRIAL. THE BORROWER, THE ADMINISTRATIVE AGENT AND THE LENDERS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE WAIVE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS LOAN AGREEMENT OR ANY OTHER LOAN DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
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WAIVERS OF JURY TRIAL. THE BORROWER, HOLDINGS, THE ADMINISTRATIVE AGENT AGENTS AND THE LENDERS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER CREDIT DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
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Samples: Senior Bridge Loan Agreement (Activant Solutions Inc /De/)