WAIVERS OF JURY TRIAL. THE BORROWER AND THE 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 15 contracts
Samples: Senior Unsecured Line of Credit Agreement (Revlon Consumer Products Corp), 2019 Senior Unsecured Line of Credit Agreement (Revlon Consumer Products Corp), Senior Unsecured Line of Credit Agreement (Revlon Inc /De/)
WAIVERS OF JURY TRIAL. THE BORROWER AND PLEDGOR AND, BY ITS ACCEPTANCE HEREOF, THE LENDER TRUSTEE 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 10 contracts
Samples: Pledge Agreement (Panda Global Holdings Inc), Pledge Agreement (Panda Global Holdings Inc), Pledge Agreement (Panda Global Holdings Inc)
WAIVERS OF JURY TRIAL. THE BORROWER AND THE LENDER 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 (New World Restaurant Group Inc), Secured Debtor in Possession Credit Agreement (Motors Liquidation Co), Subordinated Credit Agreement (Virgin Mobile USA, Inc.)
WAIVERS OF JURY TRIAL. THE BORROWER AND THE LENDER 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, Credit Agreement, Credit Agreement
WAIVERS OF JURY TRIAL. THE BORROWER AND THE LENDER EACH SUBSIDIARY GUARANTOR 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 8 contracts
Samples: Loan Agreement (Kimco Realty Corp), Credit Agreement (Kimco Realty Corp), Credit Agreement (Kimco Realty Corp)
WAIVERS OF JURY TRIAL. THE BORROWER AND THE LENDER EACH 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 7 contracts
Samples: Loan and Security Agreement (Apollo Tactical Income Fund Inc.), Loan and Security Agreement (Apollo Senior Floating Rate Fund Inc.), Loan Agreement (Kayne Anderson Energy Infrastructure Fund, Inc.)
WAIVERS OF JURY TRIAL. THE EACH BORROWER AND THE LENDER 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: Revolving Credit Agreement (BlackRock Multi-Strategy Hedge Advantage), Revolving Credit Agreement (BlackRock Multi-Strategy Hedge Advantage), Revolving Credit Agreement (BlackRock Multi-Strategy Hedge Opportunities LLC)
WAIVERS OF JURY TRIAL. THE BORROWER AND THE LENDER PLEDGOR 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 7 contracts
Samples: Subsidiary Security Agreement (Gencor Industries Inc), Subsidiary Security Agreement (Gencor Industries Inc), Subsidiary Security Agreement (Gencor Industries Inc)
WAIVERS OF JURY TRIAL. THE BORROWER AND THE 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 7 contracts
Samples: Competitive Advance and Revolving Credit Agreement (Tegna Inc), Competitive Advance and Revolving Credit Agreement (Tegna Inc), Competitive Advance and Revolving Credit Agreement (Tegna Inc)
WAIVERS OF JURY TRIAL. THE BORROWER AND THE 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 6 contracts
Samples: Term Loan Credit Agreement (Oncor Electric Delivery Co LLC), Credit Agreement (Wki Holding Co Inc), Credit Agreement (Wki Holding Co Inc)
WAIVERS OF JURY TRIAL. THE BORROWER AND THE LENDER HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT THE LOAN DOCUMENTS AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 5 contracts
Samples: Credit Agreement (TRANS LUX Corp), Credit Agreement (TRANS LUX Corp), Credit Agreement (TRANS LUX Corp)
WAIVERS OF JURY TRIAL. THE BORROWER AND THE LENDER CONTRIBUTOR 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 3 contracts
Samples: Credit Agreement, Credit Agreement (Foresight Energy LP), Credit Agreement (Foresight Energy LP)
WAIVERS OF JURY TRIAL. THE BORROWER AND THE LENDER HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER OPERATIVE AGREEMENTS AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 3 contracts
Samples: Loan Agreement (Republic Airways Holdings Inc), Loan Agreement (Republic Airways Holdings Inc), Loan Agreement (Republic Airways Holdings Inc)
WAIVERS OF JURY TRIAL. THE BORROWER BORROWERS AND THE LENDER HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT AMENDMENT AND WAIVER AND FOR ANY COUNTERCLAIM OR THIRD-PARTY CLAIM THEREIN.
Appears in 2 contracts
Samples: Credit Agreement (Tecogen Inc.), Credit Agreement (Tecogen Inc.)
WAIVERS OF JURY TRIAL. THE BORROWER AND THE LENDER HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT NOTE AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 2 contracts
Samples: Framework Agreement (Alibaba Group Holding LTD), Framework Agreement (Yahoo Inc)
WAIVERS OF JURY TRIAL. EACH OF THE BORROWER AND THE LENDER HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE WAIVES TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT AGREEMENT, THE REVOLVER NOTE OR ANY OTHER LOAN DOCUMENT AND FOR ANY MANDATORY COUNTERCLAIM THEREIN.
Appears in 2 contracts
Samples: Credit Agreement (Eresearchtechnology Inc /De/), Credit Agreement (Eresearchtechnology Inc /De/)
WAIVERS OF JURY TRIAL. THE BORROWER AND THE LENDER PLEDGOR HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE WAIVES TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 2 contracts
Samples: Credit Agreement (JRC Acquisition Corp), Credit Agreement (JRC Acquisition Corp)
WAIVERS OF JURY TRIAL. THE BORROWER AND THE 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
WAIVERS OF JURY TRIAL. THE BORROWER EACH PLEDGOR AND THE LENDER EACH ISSUER, HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS PLEDGE AGREEMENT AND ANY OTHER LOAN DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 1 contract
Samples: Credit Agreement (Domtar CORP)
WAIVERS OF JURY TRIAL. THE BORROWER BORROWERS AND THE LENDER 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 BORROWER AND THE 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: Term Loan Credit Agreement (Oncor Electric Delivery Co LLC)
WAIVERS OF JURY TRIAL. THE BORROWER AND THE LENDER --------------------- HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY NOTES OR ANY OTHER LOAN DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 1 contract
WAIVERS OF JURY TRIAL. THE BORROWER AND THE LENDER HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER OPERATIVE AGREEMENTS AND FOR ANY COUNTERCLAIM THEREINTHEREIN TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Appears in 1 contract
WAIVERS OF JURY TRIAL. THE BORROWER AND THE LENDER HEREBY IRREVOCABLY AND --------------------- UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT THE LOAN DOCUMENTS AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 1 contract
WAIVERS OF JURY TRIAL. THE BORROWER AND THE LENDER HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT AMENDMENT AND CONSENT AND FOR ANY COUNTERCLAIM OR THIRD-PARTY CLAIM THEREIN.
Appears in 1 contract
Samples: Credit Agreement (Precision Aerospace Components, Inc.)
WAIVERS OF JURY TRIAL. THE BORROWER AND THE LENDER 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: Unsecured Revolving Credit Agreement (Homeside International Inc)
WAIVERS OF JURY TRIAL. THE BORROWER AND THE LENDER 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.. (signatures appear on next page)
Appears in 1 contract
WAIVERS OF JURY TRIAL. THE BORROWER AND THE LENDER 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 BORROWER BORROWERS AND THE LENDER HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT WAIVER AND FOR ANY COUNTERCLAIM OR THIRD-PARTY CLAIM THEREIN.
Appears in 1 contract
WAIVERS OF JURY TRIAL. HOLDINGS, THE BORROWER AND THE LENDER 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 (Cc v Holdings LLC)
WAIVERS OF JURY TRIAL. THE BORROWER AND THE LENDER 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
Samples: Senior Subordinated Term Loan Agreement (Revlon Consumer Products Corp)
WAIVERS OF JURY TRIAL. THE BORROWER AND THE LENDER PATI HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT THE LOAN DOCUMENTS AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 1 contract
WAIVERS OF JURY TRIAL. THE BORROWER AND THE LENDER HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR THE OTHER LOAN DOCUMENTS AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 1 contract
Samples: Loan Agreement (Bunge LTD)
WAIVERS OF JURY TRIAL. THE BORROWER AND THE LENDER HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR THE NOTE AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 1 contract
WAIVERS OF JURY TRIAL. THE BORROWER HOLDINGS AND THE LENDER 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 BORROWER AND THE LENDER HEREBY XXXXXX 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
WAIVERS OF JURY TRIAL. THE BORROWER AND THE LENDER HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER PROGRAM DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 1 contract
Samples: Receivables Assignment and Security Agreement (Aegean Marine Petroleum Network Inc.)
WAIVERS OF JURY TRIAL. THE BORROWER AND THE LENDER 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
WAIVERS OF JURY TRIAL. THE BORROWER EACH OF PLEDGOR AND THE LENDER PLEDGEE 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 THEREINHEREUNDER OR THEREUNDER.
Appears in 1 contract
WAIVERS OF JURY TRIAL. EACH OF THE BORROWER AND THE LENDER OBLIGORS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE WAIVES TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER SECURITY DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 1 contract
Samples: Master Collateral Agreement (Service Merchandise Co Inc)
WAIVERS OF JURY TRIAL. THE BORROWER AND THE LENDER 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.. (SIGNATURES APPEAR ON NEXT PAGE)
Appears in 1 contract
WAIVERS OF JURY TRIAL. THE BORROWER AND THE LENDER HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION ACTION, PROCEEDING OR PROCEEDING COUNTERCLAIM RELATING TO THIS AGREEMENT AND FOR LOAN AGREEMENT, THE OTHER LOAN DOCUMENTS OR ANY COUNTERCLAIM THEREINOF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.
Appears in 1 contract
Samples: Loan Agreement (Startt Acquisition Inc & Startt Acquisition LLC)
WAIVERS OF JURY TRIAL. THE BORROWER BORROWER, AND THE LENDER 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 BORROWER EACH OF BORROWER, AGENT AND THE LENDER LENDERS 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 HEREIN OR THEREIN.
Appears in 1 contract
Samples: Credit and Security Agreement (Altisource Residential Corp)
WAIVERS OF JURY TRIAL. THE BORROWER ISSUER AND THE LENDER INDENTURE TRUSTEE HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT SUPPLEMENTAL INDENTURE AND FOR ANY COUNTERCLAIM THEREIN.
Appears in 1 contract
WAIVERS OF JURY TRIAL. THE BORROWER AND THE LENDER 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
