Consent to Arbitration. (i) Any dispute, controversy, or claim arising out of, relating to, or in connection with this Agreement, or the breach, termination, or validity thereof, shall be finally settled by arbitration. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”) in effect at the time of the arbitration, except as they may be modified herein or by mutual agreement of the parties. Notwithstanding the provisions of Part 4(h), the arbitration and this clause shall be governed by Title 9 (Arbitration) of the United States Code. The seat of the arbitration shall be New York, New York, United States of America, and it shall be conducted in the English language. The parties submit to jurisdiction in the state and federal courts in the State, County and City of New York for the limited purpose of enforcing this agreement to arbitrate. (ii) The arbitration shall be conducted by three neutral arbitrators, who shall be appointed by the AAA. The arbitrators shall be impartial and independent. (iii) In order to facilitate the comprehensive resolution of related disputes, and upon request of any party to the arbitration proceeding, the arbitration tribunal may consolidate the arbitration proceeding with any other arbitration proceeding involving any of the parties hereto relating to this Agreement or to the Related Agreements (whether or not such other proceeding involves all of the parties hereto). The arbitration tribunal shall not consolidate such arbitrations unless it determines that (x) there are issues of fact or law common to the various arbitrations so that a consolidated proceeding would be more efficient than separate proceedings and (y) no party would be prejudiced as a result of such consolidation through undue delay or otherwise. In the event of different rulings on this question by the arbitration tribunal constituted hereunder and the tribunal constituted under any other Related Agreement, the ruling of the arbitration tribunal governing the first proceeding to have been filed shall control. In the event of the consolidation of one or more proceedings pursuant to this subsection, the arbitration tribunal governing the first such proceeding to have been filed shall govern the consolidated proceeding unless otherwise agreed by all parties to the proceedings being consolidated. Solely for purposes of this subsection (iii), (x) a proceeding shall be deemed to have been filed when the related demand for arbitration is served by the complaining party and (y) in the event that two proceedings shall have been filed on the same day, the proceeding involving the largest dollar amount in dispute shall be deemed to have been the first filed. (iv) The arbitration award shall be final and binding on the parties. Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.” (viii) In Section 14: “Terminated Transactions” is amended on line 2 by deleting “all Transactions” and substituting “any or all Transactions terminated in accordance with Section 6(c)(ii)”. (ix) The definition of “Loss” in Section 14 is deleted in its entirety and replaced with the following new definition: “‘Loss’ means, with respect to this Agreement or one or more Terminated Transactions, as the case may be, and a party, the Termination Currency Equivalent of an amount that party reasonably determines in good faith to be its total losses and costs (or gain, in which case expressed as a negative number) in connection with this Agreement or that Terminated Transaction or group of Terminated Transactions, as the case may be, including an amount equal to 100% of the Credit Support Amount outstanding on the Early Termination Date, any losses and costs relating to the provision of Credit Support to any third party, any losses and costs relating to any Loan, any losses or costs relating to any financing or similar fees, loss of bargain, cost of funding or, at the election of such party but without duplication, loss or cost incurred as a result of its terminating, liquidating, obtaining or reestablishing any hedge or related trading position (or any gain resulting from any of them). Loss includes losses and costs (or gains) in respect of any payment or delivery required to have been made (assuming satisfaction of each applicable condition precedent) on or before the relevant Early Termination Date and not made, except, so as to avoid duplication, if Section 6(e)(i)(1) or (3) or 6(e)(ii)(2)(A) applies. Loss does not include a party’s legal fees and out-of-pocket expenses referred to under Section 11. A party will determine its Loss as of the relevant Early Termination Date, or, if that is not reasonably practicable, as of the earliest date thereafter as is reasonably practicable. A party may (but need not) determine its Loss by reference to quotations of relevant rates or prices from one or more leading dealers in the relevant markets.” (x) Section 11 is deleted in its entirety and replaced with the following new Section 11: “A Defaulting Party will, on demand, indemnify and hold harmless the other party for and against all reasonable out-of-pocket expenses, including legal fees and Stamp Tax, incurred by such other party by reason of (i) the enforcement and protection of its rights under this Agreement or any Credit Support Document to which the Defaulting Party is a party, (ii) the enforcement or protection of its rights with respect to any outstanding Credit Support Amount, including any costs incurred in recovering any such amounts, or (iii) the early termination of any Transaction, including, but not limited to, costs of collection.”
Appears in 2 contracts
Samples: Isda Master Agreement (MxEnergy Holdings Inc), Isda Master Agreement (MxEnergy Holdings Inc)
Consent to Arbitration. (ia) Any dispute, controversy, or claim arising out of, relating to, or in connection with this Agreementcontract, or the breach, termination, or validity thereofthereof (a “Dispute”), shall be finally settled by arbitration. The arbitration shall be conducted in accordance with the Commercial International Arbitration Rules of the American Arbitration Association (the “AAAAAA International Rules”) in effect at the time of the arbitration, except as they may be modified herein or by mutual agreement of the parties. Notwithstanding the provisions of Part 4(h), the arbitration and this clause shall be governed by Title 9 (Arbitration) of the United States Code. The seat of the arbitration shall be New York, New York, United States of America, NY and it shall be conducted in the English language. The parties submit to jurisdiction in the state and federal courts in the State, County and City of New York for the limited purpose of enforcing this agreement to arbitrate.
(iib) The arbitration shall be conducted by three neutral arbitrators, who shall be appointed by the AAA. The claimant shall appoint an arbitrator in its request for arbitration. The respondent shall appoint an arbitrator within 30 days of the receipt of the request for arbitration. The two arbitrators shall be impartial and independentappoint a third arbitrator within 30 days after the appointment of the second arbitrator. The third arbitrator shall act as chair of the tribunal. If any of the three arbitrators is not appointed within the time prescribed above, then the American Arbitration Association shall appoint that arbitrator forthwith.
(iii) In order to facilitate the comprehensive resolution of related disputes, and upon request of any party to the arbitration proceeding, the arbitration tribunal may consolidate the arbitration proceeding with any other arbitration proceeding involving any of the parties hereto relating to this Agreement or to the Related Agreements (whether or not such other proceeding involves all of the parties hereto). The arbitration tribunal shall not consolidate such arbitrations unless it determines that (x) there are issues of fact or law common to the various arbitrations so that a consolidated proceeding would be more efficient than separate proceedings and (y) no party would be prejudiced as a result of such consolidation through undue delay or otherwise. In the event of different rulings on this question by the arbitration tribunal constituted hereunder and the tribunal constituted under any other Related Agreement, the ruling of the arbitration tribunal governing the first proceeding to have been filed shall control. In the event of the consolidation of one or more proceedings pursuant to this subsection, the arbitration tribunal governing the first such proceeding to have been filed shall govern the consolidated proceeding unless otherwise agreed by all parties to the proceedings being consolidated. Solely for purposes of this subsection (iii), (x) a proceeding shall be deemed to have been filed when the related demand for arbitration is served by the complaining party and (y) in the event that two proceedings shall have been filed on the same day, the proceeding involving the largest dollar amount in dispute shall be deemed to have been the first filed.
(ivc) The arbitration award shall be final and binding on the parties. Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.”
(viiid) In Section 14: If any Dispute raises issues of law which are substantially the same as or connected with issues raised in a Dispute which has already been referred to arbitration under this Agreement (an “Terminated Transactions” is amended on line 2 by deleting Existing Dispute”), or arises out of or relates to substantially the same facts as are the subject of an Existing Dispute (in either case a “all Transactions” and substituting “Related Dispute”), the arbitration tribunal appointed or to be appointed in respect of any or all Transactions terminated such Existing Dispute shall also be appointed as the arbitration tribunal in accordance with Section 6(c)(ii)”respect of any Related Dispute.
(ixe) The definition arbitration tribunal, upon the request of “Loss” in Section 14 is deleted in its entirety and replaced with (i) one of the following new definition: “‘Loss’ means, with respect parties to the arbitration proceeding or (ii) a party to this Agreement or one that itself wishes to be joined, may, in its discretion, join any party to this Agreement to the arbitration proceeding and may make a single, final award determining all relevant disputes between them. Each of the parties to this Agreement hereby consents to be joined to any arbitration proceeding in relation to any Dispute.
(f) Where, pursuant to the above provisions, the same arbitration tribunal has been appointed in relation to two or more Terminated TransactionsDisputes or to a Dispute and an Existing Dispute, the arbitral tribunal may, with the agreement of all the parties concerned or upon the application of one of the parties, being a party to each of the Disputes or to a Dispute and an Existing Dispute, order that the whole or part of the matters at issue shall be heard together upon such terms or conditions as the case may be, arbitrators think fit. The arbitration tribunal shall make such order only where it determines that (i) proceeding in such manner will be more efficient than separate hearings and a party, the Termination Currency Equivalent of an amount that (ii) no party reasonably determines in good faith to would be its total losses and costs (or gain, in which case expressed as a negative number) in connection with this Agreement or that Terminated Transaction or group of Terminated Transactions, as the case may be, including an amount equal to 100% of the Credit Support Amount outstanding on the Early Termination Date, any losses and costs relating to the provision of Credit Support to any third party, any losses and costs relating to any Loan, any losses or costs relating to any financing or similar fees, loss of bargain, cost of funding or, at the election of such party but without duplication, loss or cost incurred prejudiced as a result of its terminatingsuch order.
(g) Nothing in these dispute resolution provisions shall be construed as preventing either party from seeking conservatory or similar interim relief in any court of competent jurisdiction. For the purpose of seeking such interim relief and/or for enforcing this agreement to arbitrate, liquidating, obtaining or reestablishing any hedge or related trading position (or any gain resulting from any of them). Loss includes losses the parties hereby unconditionally and costs (or gains) in respect of any payment or delivery required irrevocably submit to have been made (assuming satisfaction of each applicable condition precedent) on or before the relevant Early Termination Date and not made, except, so as to avoid duplication, if Section 6(e)(i)(1) or (3) or 6(e)(ii)(2)(A) applies. Loss does not include a party’s legal fees and outnon-of-pocket expenses referred to under Section 11. A party will determine its Loss as exclusive jurisdiction of the relevant Early Termination Date, or, if that is not reasonably practicable, as of the earliest date thereafter as is reasonably practicable. A party may (but need not) determine its Loss by reference to quotations of relevant rates or prices from one or more leading dealers state and federal courts located in the relevant markets.”
(x) Section 11 is deleted in its entirety city and replaced with the following new Section 11: “A Defaulting Party willcounty of New York, on demandNY, indemnify and hold harmless the other party for and against all reasonable out-of-pocket expenses, hereby waive any objection to such jurisdiction including legal fees and Stamp Tax, incurred by such other party without limitation objections by reason of (i) the enforcement and protection lack of its rights under this Agreement or any Credit Support Document to which the Defaulting Party is a partypersonal jurisdiction, (ii) the enforcement or protection of its rights with respect to any outstanding Credit Support Amount, including any costs incurred in recovering any such amountsimproper venue, or (iii) the early termination of any Transaction, including, but not limited to, costs of collectioninconvenient forum.”
Appears in 1 contract
Samples: Shareholder Agreements (Arcos Dorados Holdings Inc.)
Consent to Arbitration. (ia) Any dispute, controversy, or claim arising out of, relating to, or in connection with this Agreementcontract, or the breach, termination, or validity thereof, shall be finally settled by arbitration. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”) in effect at the time of the arbitration, except as they may be modified herein or by mutual agreement of the parties. Notwithstanding the provisions of Part 4(h)Section 6.14, the arbitration and this clause shall be governed by Title 9 (Arbitration) of the United States Code. The seat of the arbitration shall be New York, New York, United States of America, and it shall be conducted in the English language. The parties submit to jurisdiction in the state and federal courts in the State, County and City of New York for the limited purpose of enforcing this agreement to arbitrate.
(iib) The arbitration shall be conducted by three neutral arbitrators, who shall be appointed by the AAA. The arbitrators shall be impartial and independent.
(iiic) In order to facilitate the comprehensive resolution of related disputes, and upon request of any party to the arbitration proceeding, the arbitration tribunal may consolidate the arbitration proceeding with any other arbitration proceeding involving any of the parties hereto relating to this Agreement or to the other Related Agreements (whether or not such other proceeding involves all of the parties hereto). The arbitration tribunal shall not consolidate such arbitrations unless it determines that (xi) there are issues of fact or law common to the various arbitrations so that a consolidated proceeding would be more efficient than separate proceedings and (yii) no party would be prejudiced as a result of such consolidation through undue delay or otherwise. In the event of different rulings on this question by the arbitration tribunal constituted hereunder and the tribunal constituted under any other Related Agreement, the ruling of the arbitration tribunal governing the first proceeding to have been filed shall control. In the event of the consolidation of one or more proceedings pursuant to this subsection, the arbitration tribunal governing the first such proceeding to have been filed shall govern the consolidated proceeding unless otherwise agreed by all parties to the proceedings being consolidated. Solely for purposes of this subsection (iiic), (xi) a proceeding shall be deemed to have been filed when the related demand for arbitration is served by the complaining party and (yii) in the event that two proceedings shall have been filed on the same day, the proceeding involving the largest dollar amount in dispute shall be deemed to have been the first filed.
(ivd) The arbitration award shall be final and binding on the parties. Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.”
(viii) In Section 14: “Terminated Transactions” is amended on line 2 by deleting “all Transactions” and substituting “any or all Transactions terminated in accordance with Section 6(c)(ii)”.
(ix) The definition of “Loss” in Section 14 is deleted in its entirety and replaced with the following new definition: “‘Loss’ means, with respect to this Agreement or one or more Terminated Transactions, as the case may be, and a party, the Termination Currency Equivalent of an amount that party reasonably determines in good faith to be its total losses and costs (or gain, in which case expressed as a negative number) in connection with this Agreement or that Terminated Transaction or group of Terminated Transactions, as the case may be, including an amount equal to 100% of the Credit Support Amount outstanding on the Early Termination Date, any losses and costs relating to the provision of Credit Support to any third party, any losses and costs relating to any Loan, any losses or costs relating to any financing or similar fees, loss of bargain, cost of funding or, at the election of such party but without duplication, loss or cost incurred as a result of its terminating, liquidating, obtaining or reestablishing any hedge or related trading position (or any gain resulting from any of them). Loss includes losses and costs (or gains) in respect of any payment or delivery required to have been made (assuming satisfaction of each applicable condition precedent) on or before the relevant Early Termination Date and not made, except, so as to avoid duplication, if Section 6(e)(i)(1) or (3) or 6(e)(ii)(2)(A) applies. Loss does not include a party’s legal fees and out-of-pocket expenses referred to under Section 11. A party will determine its Loss as of the relevant Early Termination Date, or, if that is not reasonably practicable, as of the earliest date thereafter as is reasonably practicable. A party may (but need not) determine its Loss by reference to quotations of relevant rates or prices from one or more leading dealers in the relevant markets.”
(x) Section 11 is deleted in its entirety and replaced with the following new Section 11: “A Defaulting Party will, on demand, indemnify and hold harmless the other party for and against all reasonable out-of-pocket expenses, including legal fees and Stamp Tax, incurred by such other party by reason of (i) the enforcement and protection of its rights under this Agreement or any Credit Support Document to which the Defaulting Party is a party, (ii) the enforcement or protection of its rights with respect to any outstanding Credit Support Amount, including any costs incurred in recovering any such amounts, or (iii) the early termination of any Transaction, including, but not limited to, costs of collection.”
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (MxEnergy Holdings Inc)
Consent to Arbitration. (ia) Any dispute, controversy, or claim arising out of, relating to, or in connection with this Agreementcontract, or the breach, termination, or validity thereof, shall be finally settled by arbitration. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”) in effect at the time of the arbitration, except as they may be modified herein or by mutual agreement of the parties. Notwithstanding the provisions of Part 4(h)Section 8.11, the arbitration and this clause shall be governed by Title 9 (Arbitration) of the United States Code. The seat of the arbitration shall be New York, New York, United States of America, and it shall be conducted in the English language. The parties submit to jurisdiction in the state and federal courts in the State, County and City of New York for the limited purpose of enforcing this agreement to arbitrate.
(iib) The arbitration shall be conducted by three neutral arbitrators, who shall be appointed by the AAA. The arbitrators shall be impartial and independent.
(iiic) In order to facilitate the comprehensive resolution of related disputes, and upon request of any party to the arbitration proceeding, the arbitration tribunal may consolidate the arbitration proceeding with any other arbitration proceeding involving any of the parties hereto relating to this Agreement or to the other Related Agreements (whether or not such other proceeding involves all of the parties hereto). The arbitration tribunal shall not consolidate such arbitrations unless it determines that (xi) there are issues of fact or law common to the various arbitrations so that a consolidated proceeding would be more efficient than separate proceedings and (yii) no party would be prejudiced as a result of such consolidation through undue delay or otherwise. In the event of different rulings on this question by the arbitration tribunal constituted hereunder and the tribunal constituted under any other Related Agreement, the ruling of the arbitration tribunal governing the first proceeding to have been filed shall control. In the event of the consolidation of one or more proceedings pursuant to this subsection, the arbitration tribunal governing the first such proceeding to have been filed shall govern the consolidated proceeding unless otherwise agreed by all parties to the proceedings being consolidated. Solely for purposes of this subsection (iiic), (xi) a proceeding shall be deemed to have been filed when the related demand for arbitration is served by the complaining party and (yii) in the event that two proceedings shall have been filed on the same day, the proceeding involving the largest dollar amount in dispute shall be deemed to have been the first filed.
(ivd) The arbitration award shall be final and binding on the parties. Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.”
(viii) In Section 14: “Terminated Transactions” is amended on line 2 by deleting “all Transactions” and substituting “any or all Transactions terminated in accordance with Section 6(c)(ii)”.
(ix) The definition of “Loss” in Section 14 is deleted in its entirety and replaced with the following new definition: “‘Loss’ means, with respect to this Agreement or one or more Terminated Transactions, as the case may be, and a party, the Termination Currency Equivalent of an amount that party reasonably determines in good faith to be its total losses and costs (or gain, in which case expressed as a negative number) in connection with this Agreement or that Terminated Transaction or group of Terminated Transactions, as the case may be, including an amount equal to 100% of the Credit Support Amount outstanding on the Early Termination Date, any losses and costs relating to the provision of Credit Support to any third party, any losses and costs relating to any Loan, any losses or costs relating to any financing or similar fees, loss of bargain, cost of funding or, at the election of such party but without duplication, loss or cost incurred as a result of its terminating, liquidating, obtaining or reestablishing any hedge or related trading position (or any gain resulting from any of them). Loss includes losses and costs (or gains) in respect of any payment or delivery required to have been made (assuming satisfaction of each applicable condition precedent) on or before the relevant Early Termination Date and not made, except, so as to avoid duplication, if Section 6(e)(i)(1) or (3) or 6(e)(ii)(2)(A) applies. Loss does not include a party’s legal fees and out-of-pocket expenses referred to under Section 11. A party will determine its Loss as of the relevant Early Termination Date, or, if that is not reasonably practicable, as of the earliest date thereafter as is reasonably practicable. A party may (but need not) determine its Loss by reference to quotations of relevant rates or prices from one or more leading dealers in the relevant markets.”
(x) Section 11 is deleted in its entirety and replaced with the following new Section 11: “A Defaulting Party will, on demand, indemnify and hold harmless the other party for and against all reasonable out-of-pocket expenses, including legal fees and Stamp Tax, incurred by such other party by reason of (i) the enforcement and protection of its rights under this Agreement or any Credit Support Document to which the Defaulting Party is a party, (ii) the enforcement or protection of its rights with respect to any outstanding Credit Support Amount, including any costs incurred in recovering any such amounts, or (iii) the early termination of any Transaction, including, but not limited to, costs of collection.”
Appears in 1 contract
Samples: Second Lien Collateral Agreement (MxEnergy Holdings Inc)
Consent to Arbitration. (ia) Any dispute, controversy, or claim arising out of, relating to, or in connection with this Agreementcontract, or the breach, termination, or validity thereof, shall be finally settled by arbitration. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”) in effect at the time of the arbitration, except as they may be modified herein or by mutual agreement of the parties. Notwithstanding the provisions of Part 4(h)Section 6.14, the arbitration and this clause shall be governed by Title 9 (Arbitration) of the United States Code. The seat of the arbitration shall be New York, New York, United States of America, and it shall be conducted in the English language. The parties submit to jurisdiction in the state and federal courts in the State, County and City of New York for the limited purpose of enforcing this agreement to arbitrate.
(iib) The arbitration shall be conducted by three neutral arbitrators, who shall be appointed by the AAA. The arbitrators shall be impartial and independent.
(iiic) In order to facilitate the comprehensive resolution of related disputes, and upon request of any party to the arbitration proceeding, the arbitration tribunal may consolidate the arbitration proceeding with any other arbitration proceeding involving any of the parties hereto relating to this Agreement or to the Related Agreements (whether or not such other proceeding involves all of the parties hereto). The arbitration tribunal shall not consolidate such arbitrations unless it determines that (xi) there are issues of fact or law common to the various arbitrations so that a consolidated proceeding would be more efficient than separate proceedings and (yii) no party would be prejudiced as a result of such consolidation through undue delay or otherwise. In the event of different rulings on this question by the arbitration tribunal constituted hereunder and the tribunal constituted under any other Related Agreement, the ruling of the arbitration tribunal governing the first proceeding to have been filed shall control. In the event of the consolidation of one or more proceedings pursuant to this subsection, the arbitration tribunal governing the first such proceeding to have been filed shall govern the consolidated proceeding unless otherwise agreed by all parties to the proceedings being consolidated. Solely for purposes of this subsection (iiic), (xi) a proceeding shall be deemed to have been filed when the related demand for arbitration is served by the complaining party and (yii) in the event that two proceedings shall have been filed on the same day, the proceeding involving the largest dollar amount in dispute shall be deemed to have been the first filed.
(ivd) The arbitration award shall be final and binding on the parties. Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.”
(viii) In Section 14: “Terminated Transactions” is amended on line 2 by deleting “all Transactions” and substituting “any or all Transactions terminated in accordance with Section 6(c)(ii)”.
(ix) The definition of “Loss” in Section 14 is deleted in its entirety and replaced with the following new definition: “‘Loss’ means, with respect to this Agreement or one or more Terminated Transactions, as the case may be, and a party, the Termination Currency Equivalent of an amount that party reasonably determines in good faith to be its total losses and costs (or gain, in which case expressed as a negative number) in connection with this Agreement or that Terminated Transaction or group of Terminated Transactions, as the case may be, including an amount equal to 100% of the Credit Support Amount outstanding on the Early Termination Date, any losses and costs relating to the provision of Credit Support to any third party, any losses and costs relating to any Loan, any losses or costs relating to any financing or similar fees, loss of bargain, cost of funding or, at the election of such party but without duplication, loss or cost incurred as a result of its terminating, liquidating, obtaining or reestablishing any hedge or related trading position (or any gain resulting from any of them). Loss includes losses and costs (or gains) in respect of any payment or delivery required to have been made (assuming satisfaction of each applicable condition precedent) on or before the relevant Early Termination Date and not made, except, so as to avoid duplication, if Section 6(e)(i)(1) or (3) or 6(e)(ii)(2)(A) applies. Loss does not include a party’s legal fees and out-of-pocket expenses referred to under Section 11. A party will determine its Loss as of the relevant Early Termination Date, or, if that is not reasonably practicable, as of the earliest date thereafter as is reasonably practicable. A party may (but need not) determine its Loss by reference to quotations of relevant rates or prices from one or more leading dealers in the relevant markets.”
(x) Section 11 is deleted in its entirety and replaced with the following new Section 11: “A Defaulting Party will, on demand, indemnify and hold harmless the other party for and against all reasonable out-of-pocket expenses, including legal fees and Stamp Tax, incurred by such other party by reason of (i) the enforcement and protection of its rights under this Agreement or any Credit Support Document to which the Defaulting Party is a party, (ii) the enforcement or protection of its rights with respect to any outstanding Credit Support Amount, including any costs incurred in recovering any such amounts, or (iii) the early termination of any Transaction, including, but not limited to, costs of collection.”
Appears in 1 contract
Samples: Intercreditor and Subordination Agreement (MxEnergy Holdings Inc)
