Common use of California Judicial Reference Clause in Contracts

California Judicial Reference. If any action or proceeding is filed in a court of the State of California by or against any party hereto in connection with any of the transactions contemplated by the Loan Agreement or any other Financing Agreement, (a) the court shall, and is hereby directed to, make a general reference pursuant to California Code of Civil Procedure Section 638 to a referee or referees to hear and determine all of the issues in such action or proceeding (whether of fact or of law) and to report a statement of decision, provided that at the option of Agent, any such issues pertaining to a ‘provisional remedy’ as defined in California Code of Civil Procedure Section 1281.8 shall be heard and determined by the court, and (b) Borrower shall be solely responsible to pay all fees and expenses of any referee appointed in such action or proceeding.”

California Judicial Reference. If any action or proceeding is filed in a court of the State of California by or against any party hereto Party in connection with any of the transactions contemplated by the Loan this Agreement or any other Financing Agreementdocument related hereto, (a) the court shall, and is hereby directed to, make a general reference pursuant to California Code of Civil Procedure Section 638 to a referee or referees to hear and determine all of the issues in such action or proceeding (whether of fact or of law) and to report a statement of decision; provided however, provided that at the option of AgentParty bringing such action or proceeding, any such issues pertaining to a ‘"provisional remedy’ " as defined in California Code of Civil Procedure Section 1281.8 shall be heard and determined by the court, and (b) Borrower shall be solely responsible to pay all fees and expenses of any referee appointed in such action or proceeding.”

California Judicial Reference. If any action or proceeding is filed in a court of the State of California by or against any party hereto in connection with any of the transactions contemplated by the Loan this Agreement or any other Financing Agreement, (a) the court shall, and is hereby directed to, make a general reference pursuant to California Code of Civil Procedure Section 638 to a referee (who shall be a single active or referees retired judge) to hear and determine all of the issues in such action or proceeding (whether of fact or of law) and to report a statement of decision, provided that at the option of Agentany party to such proceeding, any such issues pertaining to a ‘“provisional remedy’ ” as defined in California Code of Civil Procedure Section 1281.8 shall be heard and determined by the court, and (b) Borrower the Borrowers shall be solely responsible to pay all fees and expenses of any referee appointed in such action or proceeding.”

California Judicial Reference. If any action or proceeding is filed in a court of the State of California by or against any party hereto Party in connection with any of the transactions contemplated by the Loan this Agreement or any other Financing Agreementdocument related hereto, (a) the court shall, and is hereby directed to, make a general reference pursuant to California Code of Civil Procedure Section 638 to a referee or referees to hear and determine all of the issues in such action or proceeding (whether of fact or of law) and to report a statement of decision; provided however, provided that at the option of Agentthe Party bringing such action or proceeding, any such issues pertaining to a ‘"provisional remedy’ " as defined in California Code of Civil Procedure Section 1281.8 shall be heard and determined by the court, and (b) Borrower shall be solely responsible to pay all fees and expenses of any referee appointed in such action or proceeding.”