Binding Nature of Certain Adjudications. Each Pledgor shall be conclusively bound by the adjudication in any action or proceeding, legal or otherwise, involving any controversy arising under, in connection with, or in any way related to, any of the Obligations, and by a judgment, award or decree entered therein.
Binding Nature of Certain Adjudications. Each Guarantor will be conclusively bound by the final adjudication in any action or proceeding, legal or otherwise, involving any controversy arising under, in connection with, or in any way related to, any of the Guarantied Obligations, and by a final judgment, award or decree entered therein, if such Guarantor had the right, or was given the opportunity, to participate in such action or proceeding and was given notice of such action or proceeding in time to exercise such right or avail itself of such opportunity.
Binding Nature of Certain Adjudications. The Guarantor shall be conclusively bound by the final non-appealable adjudication in any action or proceeding, legal or otherwise, involving any controversy arising under, in connection with, or in any way relating to, any of the Seller Obligations, and by a final judgment, award or decree entered therein, provided, in any case, that the Guarantor shall have had the right, or shall have been given the opportunity, to participate in such action or proceeding and shall have been given written notice of such action or proceeding in time to exercise such right or avail itself of such opportunity.
Binding Nature of Certain Adjudications. The Borrower and each Guarantor shall be conclusively bound by the adjudication in any action or proceeding, legal or otherwise, involving any controversy arising under, in connection with, or in any way related to, any of the Guaranteed Obligations, and by a judgment, award or decree entered therein.
Binding Nature of Certain Adjudications. Mobile Energy shall be conclusively bound by the adjudication in any action or proceeding, legal or otherwise, involving any controversy arising under, in connection with, or in any way related to, any of the Guaranteed Obligations, and by a judgment, award or decree entered therein, if Mobile Energy shall have had the right, or shall have been given the opportunity, to participate in such action or proceeding and shall have been given notice of such action or proceeding in time to exercise such right or avail itself of such opportunity.
Binding Nature of Certain Adjudications. Upon written notice of the institution by the Agent or any Lender of any action or proceedings, legal or otherwise, for the adjudication of any controversy with the Borrower, the Guarantors will be conclusively bound by the adjudication in any such action or proceedings and by a judgment. award or decree entered therein. Each Guarantor waives the right to assert in any action or proceeding brought by the Agent or any Lender, upon the Loan Agreement, the Note(s) or any Loan Document, any offsets or counterclaims which such Guarantor may have with respect thereto (other than (subject to Section 2(g) payment of the Secured Obligations.
Binding Nature of Certain Adjudications. Each Guarantor shall be conclusively bound by the final adjudication in any action or proceeding, legal or otherwise to which the Company is a party, involving any controversy arising under, in connection with, or in any way related to, any of the Guarantied Obligations, and by a final judgment, award or decree entered therein.
Binding Nature of Certain Adjudications. Each Guarantor shall be conclusively bound by the final adjudication in any action or proceeding, legal or otherwise to which U.S. Borrower is a party, involving any controversy arising under, in connection with, or in any way related to, any of the Guarantied Obligations, and by a final judgment, award or decree entered therein.
Binding Nature of Certain Adjudications. Upon written notice of the institution by the Agent or any Lender of any action or proceedings, legal or otherwise, for the adjudication of any controversy with any Foreign Subsidiary, the Borrower will be conclusively bound by the adjudication in any such action or proceedings and by any judgment, award or decree entered therein. The Borrower waives the right to assert in any action or proceeding brought by the Agent or any Lender or any Affiliate thereof, upon any of the Foreign Facility Agreements, any offsets or counterclaims which the Borrower may have with respect thereto; provided, however, that this SECTION 14.10 shall not prohibit the Borrower from bringing any action in its own name under any Foreign Facility Agreement or from asserting any mandatory counterclaim required to be asserted by Applicable Law.
Binding Nature of Certain Adjudications. Upon written notice of the institution by the Lender of any action or proceedings, legal or otherwise, for the adjudication of any controversy with the Borrower, the Guarantor will be conclusively bound by the adjudication in any such action or proceedings and by a judgment, award or decree entered therein. The Guarantor waives the right to assert in any action or proceeding brought by the Lender, upon the Loan Agreement, the Note(s) or any instrument, document or agreement issued or delivered pursuant thereto, any offsets or counterclaims which the Guarantor may have with respect there to.
