WAIVERS OF TRIAL BY JURY. The Company and the Underwriters each hereby irrevocably waive any right they may have to a trial by jury in respect of any claim based upon or arising out of this Agreement or the transactions contemplated hereby.
WAIVERS OF TRIAL BY JURY. EACH OF SELLER AND PURCHASER HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHTS TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OF THE ADDITIONAL DOCUMENTS, AND CONSENTS TO THE GRANTING OF SUCH LEGAL OR EQUITABLE RELIEF AS IS DEEMED APPROPRIATE BY THE COURT.
WAIVERS OF TRIAL BY JURY. The Company and the Underwriters each hereby irrevocably waive any right they may have to a trial by jury in respect of any claim based upon or arising out of this Agreement or the transactions contemplated hereby. If the foregoing correctly sets forth the understanding between the Company and the several Underwriters, please so indicate in the space provided below for that purpose, whereupon this letter shall constitute a binding agreement between the Company and the several Underwriters. Very truly yours, BAY APARTMENT COMMUNITIES, INC. By: /s/ Gilbxxx X. Xxxxx --------------------------- Name: Gilbxxx X. Xxxxx Title: President ACCEPTED as of the date first above written PAINEWEBBER INCORPORATED A.G. XXXXXXX & XONS, INC. As Representatives of the several Underwriters listed in SCHEDULE A By: PAINEWEBBER INCORPORATED By: /s/ Fredxxxxx X. Xxxxx, Xx. ------------------------------- Name: Fredxxxxx X. Xxxxx, Xx. ----------------------------- Title: Managing Director ---------------------------- SCHEDULE A Amount of Shares Underwriter to be Purchased ----------- --------------- PaineWebber Incorporated 1,450,000 A.G. Xxxxxxx & Xons, Inc. 850,000 ------------------------- --------- Total 2,300,000 ========= EXHIBIT I INFORMATION IN PRELIMINARY PROSPECTUS AND PROSPECTUS FURNISHED BY THE UNDERWRITERS The following information appearing in the Prospectus has been furnished by the Underwriters in writing specifically for use in the preparation of the Prospectus.
1. The following information contained in the Prospectus Supplement under the heading "Underwriting:"
a. The allocation of shares between the Underwriters in the first paragraph; and
b. The information in the second paragraph. EXHIBIT II LIST OF SUBSIDIARIES Bay Apartment Communities, Inc. (the "Company") owns interests in the following entities: SUBSIDIARIES
WAIVERS OF TRIAL BY JURY. EACH OF GEO, THE STOCKHOLDERS, THE COMPANY AND SUB HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHTS TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OF THE ADDITIONAL AGREEMENTS, AND CONSENTS TO THE GRANTING OF SUCH LEGAL OR EQUITABLE RELIEF AS IS DEEMED APPROPRIATE BY THE COURT.
WAIVERS OF TRIAL BY JURY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING, CROSS CLAIM OR COUNTERCLAIM BROUGHT BY ANY PARTY HERETO AGAINST ANY OTHER PARTY HERETO ON ANY MATTER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THE RELATIONSHIP OF THE PARTIES CREATED HEREBY.
WAIVERS OF TRIAL BY JURY. SELLERS AND PURCHASER HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OF THE ADDITIONAL DOCUMENTS, AND CONSENT TO THE GRANTING OF SUCH LEGAL OR EQUITABLE RELIEF AS IS DEEMED APPROPRIATE BY THE COURT.
WAIVERS OF TRIAL BY JURY. STOCKHOLDERS AND PURCHASER HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OF THE ADDITIONAL DOCUMENTS, AND CONSENT TO THE GRANTING OF SUCH LEGAL OR EQUITABLE RELIEF AS IS DEEMED APPROPRIATE BY THE COURT.
WAIVERS OF TRIAL BY JURY. SUPPLIER AND ACQUISITION HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, AND CONSENT TO THE GRANTING OF SUCH LEGAL OR EQUITABLE RELIEF AS IS DEEMED APPROPRIATE BY THE COURT. The parties hereto have caused this Supply Agreement to be duly executed as of the day and year first above written. SARA LEE CORPORATION By: /x/ Xxxxxrd Oberdorf -------------------------------------- Name: Richard Oberdorf ---------------------------------- Title: Vice President --------------------------------- GFSI, INC., d/b/a Gear For Sports By: /s/ Larry Graveel ------------------------------------ Name: Larry Graveel ---------------------------------- Title: President, COO --------------------------------- CC PRODUCTS, INC. By: /s/ Larry Graveel ------------------------------------ Name: Larry Graveel ---------------------------------- Title: President, COO --------------------------------- CCP ACQUISITION, INC. f/k/a CHAMPION PRODUCTS, INC. By: /s/ Christian McGrath -------------------------------------- Name: Christian McGrath ------------------------------------ Title: Vice President ------------------------------------
WAIVERS OF TRIAL BY JURY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LENDERS HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY THE LENDERS MAY HAVE IN ANY ACTION OR PROCEEDING, IN LAW OR IN EQUITY, IN CONNECTION WITH THIS AGREEMENT.
WAIVERS OF TRIAL BY JURY. The Company and the Underwriters each hereby irrevocably waive any right they may have to a trial by jury in respect of any claim based upon or arising out of this Agreement or the transactions contemplated hereby. [remainder of page intentially left blank]
