LAWFUL SERVICE OF PROCESS AGAINST THEM, WITHOUT NECESSITY FOR SERVICE
BY ANY OTHER MEANS PROVIDED BY STATUTE OR RULE OF COURT.
12.3
Waiver of Jury Trial
THE PARTIES TO THIS AGREEMENT EACH HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED
BY LAW, ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION, OR CAUSE OF
ACTION (I) ARISING UNDER THIS AGREEMENT OR (II) IN ANY WAY CONNECTED WITH OR
RELATED OR INCIDENTAL TO THE DEALINGS OF THE PARTIES HERETO IN RESPECT OF THIS
AGREEMENT OR ANY OF THE TRANSACTIONS RELATED HERETO, IN EACH CASE WHETHER NOW
EXISTING OR HEREAFTER ARISING, AND WHETHER IN CONTRACT, TORT, EQUITY, OR
OTHERWISE.
THE PARTIES TO THIS AGREEMENT EACH HEREBY AGREE AND CONSENT THAT ANY
SUCH CLAIM, DEMAND, ACTION, OR CAUSE OF ACTION SHALL BE DECIDED BY COURT TRIAL
WITHOUT A JURY AND THAT THE PARTIES TO THIS AGREEMENT MAY FILE AN ORIGINAL
COUNTERPART OF A COPY OF THIS AGREEMENT WITH ANY COURT AS WRITTEN EVIDENCE OF
THE CONSENT OF THE PARTIES HERETO TO THE WAIVER OF THEIR RIGHT TO TRIAL BY JURY.
[Remainder of page intentionally left blank.]
IN WITNESS WHEREOF, the Parties, intending to be bound hereby, have caused their
duly authorized representatives to execute this Agreement as of the Closing
Date.
LUNDBECK INC.
By:
Name:
Title:
OAK PHARMACEUTICALS, INC.
By:
Name:
Title:
AKORN, INC.
As guarantor with respect to Sections 2.5 and 2.8,
By:
Name:
Title:
[SIGNATURE PAGE TO ASSET SALE AND PURCHASE AGREEMENT]