Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate disputes by or against others in any arbitration, except parties who have executed any Loan Document, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.
Appears in 201 contracts
Samples: Credit Agreement (Rocky Mountain Chocolate Factory, Inc.), Credit Agreement (Arcturus Therapeutics Holdings Inc.), Credit Agreement (Arcturus Therapeutics Holdings Inc.)
Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate disputes by or against others in any arbitration, except parties who have executed this Agreement or any Loan Documentother contract, instrument or document relating to any Indebtedness, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.
Appears in 37 contracts
Samples: Credit and Security Agreement, Subordination Agreement, Third Party Pledge Agreement (Tilly's, Inc.)
Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate disputes by or against others in any arbitration, except parties who have executed any Loan Documentto this Agreement, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.
Appears in 11 contracts
Samples: Paycheck Protection Program Promissory Note and Agreement (Tropical Racing Inc), Paycheck Protection Program Promissory Note and Agreement (Kona Gold Beverage, Inc.), Paycheck Protection Program Promissory Note and Agreement (Kona Gold Beverage, Inc.)
Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate disputes by or against others in any arbitration, except parties who have executed any of the Loan DocumentDocuments, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.
Appears in 6 contracts
Samples: Master Credit Agreement (Group 1 Automotive Inc), Master Loan Agreement (Asbury Automotive Group Inc), Unconditional Guaranty (Asbury Automotive Group Inc)
Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate disputes by or against others in any arbitration, except parties who have executed any Loan Document, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.
Appears in 4 contracts
Samples: Installment Purchase Agreement, Loan and Security Agreement (C & F Financial Corp), Modification Agreement (Good Earth Organics, Inc.)
Class Proceedings and Consolidations. No party hereto shall be entitled to may join or consolidate disputes by or against others any other person or entity in any arbitrationarbitration proceeding initiated under this Agreement, except parties who have executed any Loan Documentfor Subsidiary Guarantors, or to include in any arbitration hereunder any dispute as a representative or member of a class, or to act in any arbitration hereunder in the interest of the general public or in a private attorney general capacity.
Appears in 4 contracts
Samples: Credit Agreement (Intermec, Inc.), Continuing Guaranty (Intermec, Inc.), Continuing Guaranty (Intermec, Inc.)
Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate disputes by or against others in any arbitration, except parties who have executed any Loan Bond Document, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.
Appears in 4 contracts
Samples: Continuing Covenant Agreement, Continuing Covenant Agreement, Continuing Covenant Agreement
Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate disputes by or against others in any arbitration, except parties who have executed to this agreement, or any Loan Documentcontract, instrument or document relating to this agreement, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.
Appears in 3 contracts
Samples: Business Loan Agreement, Business Loan Agreement (Rocky Mountain Chocolate Factory Inc), Business Loan Agreement (Rocky Mountain Chocolate Factory Inc)
Class Proceedings and Consolidations. No Neither party hereto shall be entitled to join or consolidate disputes by or against others in any arbitration, except parties who have executed any Loan Document, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.
Appears in 3 contracts
Samples: Credit Agreement (Pc Connection Inc), Credit Agreement (Presidio, Inc.), Credit Agreement (Maxwell Technologies Inc)
Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate disputes by or against others who are not parties to this agreement in any arbitration, except parties who have executed any Loan Document, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.
Appears in 3 contracts
Samples: Business Loan Agreement (Rocky Mountain Chocolate Factory Inc), Commercial Security Agreement (Rocky Mountain Chocolate Factory Inc), Commercial Security Agreement (Rocky Mountain Chocolate Factory Inc)
Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate disputes by or against others in any arbitration, except parties who have executed this Agreement or any Loan Documentother contract, instrument or document relating to any Indebtedness secured hereby, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.
Appears in 2 contracts
Samples: Third Party Security Agreement (Lacrosse Footwear Inc), Third Party Security Agreement (Lacrosse Footwear Inc)
Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate disputes by or against others in any arbitration, except parties who have executed any Loan Related Document, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.
Appears in 2 contracts
Samples: Continuing Covenant Agreement (New Jersey Resources Corp), Continuing Covenant Agreement
Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate disputes by or against others non-parties in any arbitration, except parties who have executed any Loan Document, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity. As used herein, "non-parties" shall mean all persons and entities except Lender and the party(ies) executing this agreement or any related Document.
Appears in 2 contracts
Samples: Commercial Security Agreement (Rocky Mountain Chocolate Factory Inc), Business Loan Agreement (Rocky Mountain Chocolate Factory Inc)
Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate disputes by or against others in any arbitration, except parties who have executed any Loan Documentthe Agreement, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.
Appears in 2 contracts
Samples: Commercial Card Agreement, Commercial Card Agreement
Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate disputes by or against others in any arbitration, except parties who have executed this document or any Loan other Credit Document, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.
Appears in 2 contracts
Samples: Loan and Security Agreement (Aaron's Inc), Loan and Security Agreement (1st FRANKLIN FINANCIAL CORP)
Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate disputes by or against others in any arbitration, except parties who have executed this Agreement or any Loan Documentother contract, instrument or document relating to any Obligations, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.
Appears in 2 contracts
Samples: Senior Subordinated Note Purchase and Security Agreement (Physicians Formula Holdings, Inc.), Guarantor Security Agreement (Physicians Formula Holdings, Inc.)
Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate disputes by or against others in any arbitration, except parties who have executed any Loan Document, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or or, in a private attorney general capacity.
Appears in 1 contract
Samples: Credit Agreement (S&W Seed Co)
Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate disputes by or against others who are not parties to this agreement or related Documents in any arbitration, except parties who have executed any Loan Document, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.
Appears in 1 contract
Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate disputes by or against others in any arbitration, except parties who have executed any Loan Credit Document, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.
Appears in 1 contract
Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate disputes by or against others non-parties in any arbitration, except parties who have executed any Loan Document, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity. As used herein, “non-parties” shall mean all persons and entities except Lender and the party(ies) executing this agreement or any related Document.
Appears in 1 contract
Class Proceedings and Consolidations. No party hereto to this Agreement shall be entitled to join or consolidate disputes by or against others in any arbitration, except parties who have executed any Loan Document, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.
Appears in 1 contract
Samples: Credit and Security Agreement (Physicians Formula Holdings, Inc.)
Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate disputes by or against others in any arbitration, except parties who have executed any Loan DocumentDocument or executed any other agreement in favor of Bank, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.
Appears in 1 contract
Samples: Credit Agreement (Proto Labs Inc)
Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate disputes by or against others in any arbitration, except parties who have executed any Loan Document, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.. {Z0022852/25 } 28
Appears in 1 contract
Samples: Credit Agreement (Skullcandy, Inc.)
Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate disputes by or against others in any arbitration, except parties who have executed any Loan Document, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity. The resolution of any dispute arising pursuant to the terms of this Agreement shall be determined by a separate arbitration proceeding and such dispute shall not be consolidated with other disputes or included in any class proceeding.
Appears in 1 contract
Samples: Credit Agreement (Lindsay Corp)
Class Proceedings and Consolidations. No Each party hereto shall be entitled hereby waives any rights it has to join or consolidate disputes by or against others in any arbitration, except parties who have executed any Loan Document, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.
Appears in 1 contract
Samples: Credit Agreement (Thoratec Corp)
Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate disputes by or against others in any arbitration, except parties who have executed this Note or any Loan Documentcontract, instrument or document relating to this Note, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.
Appears in 1 contract
Samples: Financing and Security Agreement (Gp Strategies Corp)
Class Proceedings and Consolidations. No party hereto to this Agreement shall be entitled to join or consolidate disputes by or against others in any arbitration, except parties who have executed any Loan Operative Document, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.
Appears in 1 contract
Samples: Senior Subordinated Note Purchase and Security Agreement (Physicians Formula Holdings, Inc.)
Class Proceedings and Consolidations. No party hereto shall be entitled to may join or consolidate disputes by or against others any other Person in any arbitrationarbitration proceeding initiated under this Agreement, except parties who have executed any Loan Documentfor Subsidiary Guarantors, or to include in any arbitration hereunder any dispute as a representative or member of a class, or to act in any arbitration hereunder in the interest of the general public or in a private attorney general capacity.
Appears in 1 contract
Samples: Credit Agreement (Intermec, Inc.)