Arbitration Program. The parties agree to be bound by the ------------------- terms and provisions of the current Arbitration Program of the Bank which is incorporated by reference herein and is acknowledged as received by the parties pursuant to which any and all disputes arising hereunder, under the Agreement, under any of the other Loan Documents, or under any of the documents and instruments contemplated thereby, or pertaining hereto or thereto, shall be resolved by mandatory binding arbitration upon the request of any party.
Arbitration Program. The parties agree to be bound by the terms and provisions of the current Arbitration Program of the Bank which is incorporated by reference herein and is acknowledged as received by the parties pursuant to which any and all disputes arising hereunder, under the Agreement, under any of the other Loan Documents, or under any of the documents and instruments contemplated thereby, or pertaining hereto or thereto, shall be resolved by mandatory binding arbitration upon the request of any party.
Arbitration Program. Arbitration. Upon the demand of any party, any Dispute shall be resolved by binding arbitration (except as set forth in (e) below) in accordance with the terms of this Agreement. A "Dispute" shall mean any action, dispute, claim or controversy of any kind, whether in contract or tort, statutory or common law, legal or equitable, now existing or hereafter arising under or in connection with, or in any way pertaining to, any of the Loan Documents, or any past, present or future extensions of credit and other activities, transactions or obligations of any kind related directly or indirectly to any of the Loan Documents, including without limitation, any of the foregoing arising in connection with the exercise of any self-help, ancillary or other remedies pursuant to any of the Loan Documents. Any party may by summary proceedings bring an action in court to compel arbitration of a Dispute. Any party who fails or refuses to submit to arbitration following a lawful demand by any other party shall bear all costs and expenses incurred by such other party in compelling arbitration of any Dispute.
Arbitration Program. The parties agree to be bound by the terms and conditions of the current arbitration program of the Purchaser, which is incorporated here and by reference and acknowledged as received by the parties, pursuant to which any and all disputes shall be resolved by mandatory binding arbitration upon the request of any party. Purchaser uses the Arbitration Program regularly in its contracts and the same provides for any arbitration to be administered by the American Arbitration Association.
Arbitration Program. The parties agree to be bound by the terms and provisions of the current Arbitration Program of First Interstate Bank of Texas, N.A., which is incorporated by reference herein and is acknowledged as received by the parties, pursuant to which any and all disputes shall be resolved by mandatory binding arbitration upon the request of either party. LANCER CORPORATION, a Texas corporation By: /s/ John X. Xxxxxxx ________________________________ Name: John X. Xxxxxxx ______________________________ Title: Vice President of Finance _____________________________
Arbitration Program. This Guaranty is subject to the terms of the Arbitration Program contained in the Credit Agreement.
Arbitration Program. The parties agree to be bound by the terms and provisions of the current Arbitration Program of First Interstate Bank of Texas, N.A., which is incorporated by reference herein and is acknowledged as received by the parties pursuant to which any and all disputes arising hereunder, under the Agreement, under any of the other Loan Documents, or under any of the documents and instruments contemplated thereby, or pertaining hereto or thereto, shall be resolved by mandatory binding arbitration upon the request of any party.
Arbitration Program. 35 10.01. Binding Arbitration 35 10.02. Governing Rules 35 10.03. No Waiver; Provisional Remedies; Self-Help and Foreclosure 36 10.04. Arbitrator Qualifications and Powers; Awards 36 10.05. Judicial Review 36 10.06. Miscellaneous 36 ARTICLE XI - THE AGENT.........................................37 11.01. Appointment and Authorization 37 11.02. Note Holders 37 11.03. Consultation with Counsel 37 11.04. Documents 37 11.05. Resignation or Removal of Agent 37 11.06. Responsibility of Agent 37 11.07. Notices of Event of Default 38 11.08. Independent Investigation 38 11.09. Indemnification 38 11.10. Benefit of Article XI 38 11.11. Not a Loan to Agent; No Duty to Xxxxxxxxxx 00 11.12. Amendments, Waivers, etc. 38 11.13. Bank's Representations 39 ARTICLE XII - MISCELLANEOUS....................................39 12.01. Waiver 39 12.02. Notices 39 12.03. Payment of Expenses 39 12.04. Savings Clause 39 12.05. Amendments 40 12.06. Governing Law 40 12.07. Invalid Provisions 40 12.08. Headings 40 12.09. Participation Agreements and Assignments 40 12.10. Successors. 43 12.11. Right of Setoff; Deposit Accounts. 43 12.12. Survival. 43 12.13. No Third Party Beneficiary. 43 12.14. Counterpart Execution 43 12.15. Prior Agreement 43 12.16. Final Agreement 44 LIST OF EXHIBITS Exhibit "A" - Total Commitment Exhibit "B" - Promissory Note ($22,500,000.00 per Bank) Exhibit "C" - Promissory Note (Swing Line) Exhibit "D" - Request for Borrowing - Base Rate Borrowing Exhibit "E" - Request for Borrowing - Libor Borrowing Exhibit "F" - Confirmation of Request for Borrowing - Base Rate Borrowing Exhibit "G" - Confirmation of Request for Borrowing - Libor Borrowing Exhibit "H" - Unlimited Guaranty Exhibit "I" - Continuing Letter of Credit Agreement Exhibit "J" - Assignment and Acceptance Exhibit "K" - Litigation Exhibit "L" - Compliance with Law Exhibit "M" - Environmental Matters REVOLVING CREDIT AGREEMENT This Revolving Credit Agreement is made by and among TANDYCRAFTS, INC., a Delaware corporation ("Company "), THE DEVELOPMENT ASSOCIATION, INC., a Texas corporation, SAV-ON, INC., a Texas corporation, XXXXX XXXXX MANUFACTURING, INC., a Texas corporation, PLC LEATHER COMPANY, a Nevada corporation, TANDYARTS, INC., a Nevada corporation, and LICENSED LIFESTYLES, INC., a Nevada corporation (collectively the "Guarantors"), and XXXXX FARGO BANK (TEXAS), NATIONAL ASSOCIATION and BANK ONE, TEXAS, NATIONAL ASSOCIATION(collectively, the "Banks") and XXXXX FARGO BANK (TEXAS), NATIONAL ASSOCIATION, ...
Arbitration Program. (a) Binding Arbitration. Upon the demand of any party bound to the terms of this Arbitration Program (collectively the "parties"), whether made before the institution of any judicial proceeding or not more than 60 days after service of a complaint, third party complaint, cross-claim or counterclaim or any answer thereto or any amendment to any of the above, any Dispute (as defined below) shall be resolved by binding arbitration in accordance with the terms of this arbitration clause. A "Dispute" shall include any action, dispute, claim, or controversy of any kind, whether founded in contract, tort, statutory or common law, equity, or otherwise, now existing or hereafter occurring between the parties arising out of, pertaining to or in connection with this Agreement or any related agreements, documents, or instruments (the "Documents"). The parties understand that by this Agreement they have decided that the Disputes may be submitted to arbitration rather than being decided through litigation in court and that once decided by an arbitrator the claims involved cannot later be brought, filed, or pursued in court.
Arbitration Program. Exhibit 8.4(b) of the Loan Agreement shall be deleted in its entirety and replaced with Exhibit 8.4(b) attached hereto.
