Common use of Binding Arbitration Waiver of Jury Trial Clause in Contracts

Binding Arbitration Waiver of Jury Trial. (a) Binding Arbitration. Upon demand of any party, whether made before or ------------------- after institution of any judicial proceeding, any dispute, claim or controversy arising out of, in connection with or relating to the Notes or any other Loan Document ("Disputes"), between or among parties to the Notes or any other Loan Document shall be resolved by binding arbitration as provided herein. Institution of a judicial proceeding by a party does not waive the right of that party to demand arbitration hereunder. Disputes may include, without limitation, tort claims, counterclaims, claims brought as class actions, claims arising from Loan Documents executed in the future, or claims concerning any aspect of the past, present or future relationships arising out of or in connection with the Loan Documents. Arbitration shall be conducted under and governed by the Commercial Financial Disputes Arbitration Rules (the "Arbitration Rules") of the American Arbitration Association and Title 9 of the U.S. Code. All arbitration hearings shall be conducted in Richmond, Virginia. The expedited procedures set forth in Rule 51, et seq. of the Arbitration Rules ------- shall be applicable to claims of less than $1,000,000. All applicable statutes of limitation shall apply to any Dispute. A judgment upon the award may be entered in any court having jurisdiction. The panel from which all arbitrators are selected shall be comprised of licensed attorneys. The single arbitrator selected for expedited procedure shall be a retired judge from the highest court of general jurisdiction, state or federal, of the state where the hearing will be conducted.

Appears in 1 contract

Samples: Credit Agreement (Richfood Holdings Inc)

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Binding Arbitration Waiver of Jury Trial. (a) Binding Arbitration. Upon demand of any party, whether made ------------------- before or ------------------- after institution of any judicial proceeding, any dispute, claim or controversy arising out of, in connection connected with or relating to the Notes or any other Loan Document Documents ("Disputes"), between or among parties to the Notes or any other Loan Document shall be resolved by binding arbitration as provided herein. Institution of a judicial proceeding by a party does not waive the right of that party to demand arbitration hereunder. Disputes may include, without limitation, tort claims, counterclaims, claims brought as class actions, claims arising from Loan Documents executed in the future, or claims concerning any aspect of the past, present or future relationships arising out of or in connection connected with the Loan Documents. Arbitration shall be conducted under and governed by the Commercial Financial Disputes Arbitration Rules (the "Arbitration Rules") of the American Arbitration Association and Title 9 of the U.S. Code. All arbitration hearings shall be conducted in RichmondCharlotte, VirginiaNorth Carolina. The expedited procedures set forth in Rule 51, et seq. of the Arbitration Rules ------- shall be applicable to claims -- --- of less than $1,000,000. All applicable statutes of limitation shall apply to any Dispute. A judgment upon the award may be entered in any court having jurisdiction. The panel from which all arbitrators are selected shall be comprised of licensed attorneys. The single arbitrator selected for expedited procedure shall be a retired judge from the highest court of general jurisdiction, state or federal, of the state where the hearing will be conducted. Notwithstanding the foregoing, this paragraph shall not apply to any Hedging Agreement that is a Loan Document.

Appears in 1 contract

Samples: Credit Agreement (American Business Information Inc /De)

Binding Arbitration Waiver of Jury Trial. (a) Binding Arbitration. Upon demand of any party, whether made before or ------------------- after institution of any judicial proceeding, any dispute, claim or controversy arising out of, in connection connected with or relating to the Notes or any other Loan Document Documents ("Disputes"), between or among parties to the Notes or any other Loan Document shall be resolved by binding arbitration as provided herein. Institution of a judicial proceeding by a party does not waive the right of that party to demand arbitration hereunder. Disputes may include, without limitation, tort claims, counterclaims, claims brought as class actions, claims arising from Loan Documents executed in the future, or claims concerning any aspect of the past, present or future relationships arising out of or in connection connected with the Loan Documents. Arbitration shall be conducted under and governed by the Commercial Financial Disputes Arbitration Rules (the "Arbitration Rules") of the American Arbitration Association and Title 9 of the U.S. Code. All arbitration hearings shall be conducted in RichmondCharlotte, VirginiaNorth Carolina. The expedited procedures set forth in Rule 51, et seq. of the Arbitration Rules ------- -- --- shall be applicable to claims of less than $1,000,000500,000. All applicable statutes of limitation shall apply to any Dispute. A judgment upon the award may be entered in any court having jurisdiction. The panel from which all arbitrators are selected shall be comprised of licensed attorneys. The single arbitrator selected for expedited procedure shall be a retired judge from the highest court of general jurisdiction, state or federal, of the state where the hearing will be conducted. Notwithstanding the foregoing, this paragraph shall not apply to any Hedging Agreement that is a Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Cable Michigan Inc)

Binding Arbitration Waiver of Jury Trial. (a) Binding Arbitration. Upon demand of any party, whether made before or ------------------- within one hundred twenty (120) days after institution of any judicial proceeding, any dispute, claim or controversy arising out of, in connection connected with or relating to the Notes or any other Loan Document Documents ("Disputes"), between or among parties to the Notes or any other Loan Document shall be resolved by binding arbitration as provided herein. Institution of a judicial proceeding by a party does not waive the right of that party to demand arbitration hereunder. Disputes may include, without limitation, tort claims, counterclaims, claims brought as class actions, claims arising from Loan Documents executed in the future, or claims concerning any aspect of the past, present or future relationships arising out of or in connection connected with the Loan Documents. Arbitration shall be conducted under and governed by the Commercial Financial Disputes Arbitration Rules (the "Arbitration Rules") of the American Arbitration Association and Title 9 of the U.S. Code. All arbitration hearings shall be conducted in Richmond, VirginiaPennsylvania. The expedited procedures set forth in Rule 51, et seq. of the Arbitration Rules ------- shall be applicable to claims of less than $1,000,000. All applicable statutes of limitation limitations shall apply to any Dispute. A judgment upon the award may be entered in any court having jurisdiction. The panel from which all arbitrators are selected shall be comprised of licensed attorneys. The single arbitrator selected for expedited procedure shall be a retired judge from the highest court of general jurisdiction, state or federal, of the state where the hearing will be conducted. Notwithstanding the foregoing, this paragraph shall not apply to any Hedging Agreement that is a Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Checkpoint Systems Inc)

Binding Arbitration Waiver of Jury Trial. (a) Binding Arbitration. Upon demand of any party, whether made before or ------------------- after institution of any judicial proceeding, any dispute, claim or controversy arising out of, in connection connected with or relating to the Notes or any other Loan Document Documents ("Disputes"), between or among parties to the Notes or any other Loan Document shall be resolved by binding arbitration as provided herein. Institution of a judicial proceeding by a party does not waive the right of that party to demand arbitration hereunder. Disputes may include, without limitation, tort claims, counterclaims, claims brought as class actions, claims arising from Loan Documents executed in the future, or claims concerning any aspect of the past, present or future relationships arising out of or in connection connected with the Loan Documents. Arbitration shall be conducted under and governed by the Commercial Financial Disputes Arbitration Rules (the "Arbitration Rules") of the American Arbitration Association and Title 9 of the U.S. Code. All arbitration hearings shall be conducted in RichmondCharlotte, VirginiaNorth Carolina. The expedited procedures set forth in Rule 51, et seq. of the Arbitration Rules ------- -- ---- shall be applicable to claims of less than $1,000,000500,000. All applicable statutes of limitation shall apply to any Dispute. A judgment upon the award may be entered in any court having jurisdiction. The panel from which all arbitrators are selected shall be comprised of licensed attorneys. The single arbitrator selected for expedited procedure shall be a retired judge from the highest court of general jurisdiction, state or federal, of the state where the hearing will be conducted. Notwithstanding the foregoing, this paragraph shall not apply to any Hedging Agreement that is a Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Commonwealth Telephone Enterprises Inc /New/)

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Binding Arbitration Waiver of Jury Trial. (a) Binding Arbitration. Upon demand of any party, whether made before or ------------------- after institution of any judicial proceeding, any dispute, claim or controversy arising out of, in connection connected with or relating to the Notes or any other Loan Document Documents ("Disputes"), between or among parties to the Notes or any other Loan Document Documents shall be resolved by binding arbitration as provided herein. Institution of a judicial proceeding by a party does not waive the right of that party to demand arbitration hereunder. Disputes may include, without limitation, tort claims, counterclaims, claims brought as class actions, claims arising from Loan Documents supplements to this Agreement executed in the future, or claims concerning any aspect of the past, present or future relationships arising out of or in connection connected with the Loan Documents. Arbitration shall be conducted under and governed by the Commercial Financial Disputes Arbitration Rules (the "Arbitration Rules") of the American Arbitration Association and Title 9 of the U.S. Code. All arbitration hearings shall be conducted in RichmondCharlotte, VirginiaNorth Carolina. The expedited procedures set forth in Rule 51, et seq. of the Arbitration Rules ------- shall be applicable to claims of less than $1,000,000. All applicable statutes of limitation shall apply to any Dispute. A judgment upon the award may be entered in any court having jurisdiction. Notwithstanding anything foregoing to the contrary, any arbitration proceeding demanded hereunder shall begin within ninety (90) days after such demand thereof and shall be concluded within one-hundred and twenty (120) days after such demand. These time limitations may not be extended unless a party hereto shows cause for extension and then such extension shall not exceed a total of sixty (60) days. The panel from which all arbitrators are selected shall be comprised of licensed attorneys. The single arbitrator selected for expedited procedure shall be a retired judge from the highest court of general jurisdiction, state or federal, of the state where the hearing will be conducted. Notwithstanding the foregoing, this Section 25(a) shall not apply to any Hedging Agreement that is a Loan Document.

Appears in 1 contract

Samples: Interconnection Agreement (Knology Holdings Inc /Ga)

Binding Arbitration Waiver of Jury Trial. (a) Binding Arbitration. Upon demand of any party, whether made before or ------------------- after institution of any judicial proceeding, any dispute, claim or controversy arising out of, in connection connected with or relating to the Notes Note or any other Loan Document Documents ("Disputes"), between or among parties to the Notes Note or any other Loan Document shall be resolved by binding arbitration as provided herein. Institution of a judicial proceeding by a party does not waive the right of that party to demand arbitration hereunder. Disputes may include, without limitation, tort claims, counterclaims, claims brought as class actions, claims arising from Loan Documents executed in the future, or claims concerning any aspect of the past, present or future relationships arising out of or in connection connected with the Loan Documents. Arbitration shall be conducted under and governed by the Commercial Financial Disputes Arbitration Rules (the "Arbitration Rules") of the American Arbitration Association and Title 9 of the U.S. Code. All arbitration hearings shall be conducted in RichmondAtlanta, VirginiaGeorgia. The expedited procedures set forth in Rule 51, et seq. of the Arbitration Rules ------- shall be -- --- applicable to claims of less than $1,000,000250,000. All applicable statutes of limitation shall apply to any Dispute. A judgment upon the award may be entered in any court having jurisdiction. The panel from which all arbitrators are selected shall be comprised of licensed attorneys. The single arbitrator selected for expedited procedure shall be a retired judge from the highest court of general jurisdiction, state or federal, of the state where the hearing will be conducted. Notwithstanding the foregoing, this paragraph shall not apply to any Hedging Agreement that is a Loan Document.

Appears in 1 contract

Samples: Credit Agreement Credit Agreement (Edutrek Int Inc)

Binding Arbitration Waiver of Jury Trial. (a) Binding Arbitration. Upon demand of any party, whether made ------------------- before or ------------------- after institution of any judicial proceeding, any dispute, claim or controversy arising out of, in connection connected with or relating to the Notes or any other Loan Document Documents ("Disputes"), between or among parties to the Notes or any other Loan Document shall be resolved by binding arbitration as provided herein. Institution of a judicial proceeding by a party does not waive the right of that party to demand arbitration hereunder. Disputes may include, without limitation, tort claims, counterclaims, claims brought as class actions, claims arising from Loan Documents executed in the future, or claims concerning any aspect of the past, present or future relationships arising out of or in connection connected with the Loan Documents. Arbitration shall be conducted under and governed by the Commercial Financial Disputes Arbitration Rules (the "Arbitration Rules") of the American Arbitration Association and Title 9 of the U.S. Code. All arbitration hearings shall be conducted in RichmondCharlotte, VirginiaNorth Carolina. The expedited procedures set forth in Rule 51, et seq. of the Arbitration Rules ------- -- --- shall be applicable to claims of less than $1,000,000. All applicable statutes of limitation shall apply to any Dispute. A judgment upon the award may be entered in any court having jurisdiction. The panel from which all arbitrators are selected shall be comprised of licensed attorneys. The single arbitrator selected for expedited procedure shall be a retired judge from the highest court of general jurisdiction, state or federal, of the state where the hearing will be conducted. Notwithstanding the foregoing, this paragraph shall not apply to any Hedging Agreement that is a Loan Document.

Appears in 1 contract

Samples: Credit Agreement (American Business Information Inc /De)

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