Common use of Cooperation in Discovery and Litigation Clause in Contracts

Cooperation in Discovery and Litigation. In any litigation, arbitration or other dispute resolution proceeding relating to any Loan Document, each Borrower and each Credit Party waives any and all defenses, objections and counterclaims it may have or could interpose with respect to (a) any of its directors, officers, employees or agents being deemed to be employees or managing agents of such Borrower or Credit Party for purposes of all applicable law or court rules regarding the production of witnesses by notice for testimony (whether in a deposition, at trial or otherwise), (b) Lender's counsel examining any such individuals as if under cross-examination and using any discovery deposition of any of them as if it were an evidence deposition, and/or (c) using all commercially reasonable efforts to produce in any such dispute resolution proceeding, at the time and in the manner reasonably requested by Lender, all Persons, documents (whether in tangible, electronic or other form) and/or other things under its control and relating to the dispute.

Cooperation in Discovery and Litigation. In any litigation, arbitration or other dispute resolution proceeding relating to any Loan Document, each Borrower and each Credit Party waives any and all defenses, objections and counterclaims it may have or could interpose with respect to (a) any of its directors, officers, employees or agents being deemed to be employees or managing agents of such Borrower or Credit Party for purposes of all applicable law or court rules regarding the production of witnesses by notice for testimony (whether in a deposition, at trial or otherwise), (b) Agent's or any Lender's counsel examining any such individuals as if under cross-examination and using any discovery deposition of any of them as if it were an evidence deposition, and/or (c) using all commercially reasonable efforts to produce in any such dispute resolution proceeding, at the time and in the manner reasonably requested by LenderAgent, all Persons, documents (whether in tangible, electronic or other form) and/or other things under its control and relating to the dispute.

Cooperation in Discovery and Litigation. In any litigation, arbitration or other dispute resolution proceeding relating to any Loan Purchase Document, each Borrower and each Credit Loan Party waives any and all defenses, objections and counterclaims it may have or could interpose with respect to (ai) any of its and its affiliates’ directors, officers, employees or agents being deemed to be employees or managing agents of such Borrower or Credit Party the Loan Parties for purposes of all applicable law or court rules regarding the production of witnesses by notice for testimony (whether in a deposition, at trial or otherwise), (bii) Lender's the Agent’s or any Purchaser’s counsel examining any such individuals as if under cross-examination and using any discovery deposition of any of them as if it were an evidence deposition, and/or (ciii) using all commercially reasonable efforts to produce in any such dispute resolution proceeding, at the time and in the manner reasonably requested by Lenderthe Agent or any Purchaser, all Persons, documents (whether in tangible, electronic or other form) and/or other things under its control and relating to the dispute.

Cooperation in Discovery and Litigation. In any litigation, arbitration or other dispute resolution proceeding relating to any Loan Debenture Document, each Borrower and each Credit Party Obligor waives any and all defenses, objections and counterclaims it may have or could interpose with respect to (ai) any of its directors, officers, employees or agents being deemed to be employees or managing agents of such Borrower or Credit Party Obligor for purposes of all applicable law or court rules regarding the production of witnesses by notice for testimony (whether in a deposition, at trial or otherwise), (bii) Lender's Debenture Holder’s counsel examining any such individuals as if under cross-examination and using any discovery deposition of any of them as if it were an evidence deposition, and/or (ciii) using all commercially reasonable efforts to produce in any such dispute resolution proceeding, at the time and in the manner reasonably requested by LenderDebenture Holder, all Persons, documents (whether in tangible, electronic or other form) and/or other things under its control and relating to the dispute.

Cooperation in Discovery and Litigation. In any litigation, --------------------------------------- arbitration or other dispute resolution proceeding relating to any Loan Purchase Document, each Borrower and each Credit Loan Party waives any and all defenses, objections and counterclaims it may have or could interpose with respect to (ai) any of its and its affiliates' directors, officers, employees or agents being deemed to be employees or managing agents of such Borrower or Credit Party the Loan Parties for purposes of all applicable law or court rules regarding the production of witnesses by notice for testimony (whether in a deposition, at trial or otherwise), (bii) Lenderthe Agent's or any Purchaser's counsel examining any such individuals as if under cross-examination and using any discovery deposition of any of them as if it were an evidence deposition, and/or (ciii) using all commercially reasonable efforts to produce in any such dispute resolution proceeding, at the time and in the manner reasonably requested by Lenderthe Agent or any Purchaser, all Persons, documents (whether in tangible, electronic or other form) and/or other things under its control and relating to the dispute.

Cooperation in Discovery and Litigation. In any --------------------------------------- litigation, trial, arbitration or other dispute resolution proceeding relating to any Loan Document, each Borrower and each Credit Party waives any and all defenses, objections and counterclaims it may have this Agreement or could interpose with respect to (a) any of its the other Loan Documents, all directors, officers, employees and agents of Borrower or agents being of its Affiliates shall be deemed to be employees or managing agents of such Borrower or Credit Party for purposes of all applicable law or court rules regarding the production of witnesses by notice for testimony (whether in a deposition, at trial or otherwise), (b) . Borrower agrees that Lender's counsel examining in any such dispute resolution proceeding may examine any of these individuals as if under cross-examination and using that any discovery deposition of any of them may be used in that proceeding as if it were an evidence deposition, and/or (c) using . Borrower in any event will use all commercially reasonable efforts to produce in any such dispute resolution proceeding, at the time and in the manner reasonably requested by Lender, all Persons, documents (whether in tangible, electronic or other form) and/or or other things under its control and relating to the disputedispute in any jurisdiction that recognizes that (or any similar) distinction.

Cooperation in Discovery and Litigation. In any litigation, arbitration or other dispute resolution proceeding relating to any Loan Document, each Borrower and each Credit Party waives any and all defenses, objections and counterclaims it may have or could interpose with respect to (a) any of its directors, officers, members, managers, partners, employees or agents being deemed to be employees or managing agents of such Borrower or Credit Party for purposes of all applicable law or court rules regarding the production of witnesses by notice for testimony (whether in a deposition, at trial or otherwise), (b) Agent's or any Lender's counsel examining any such individuals as if under cross-examination and using any discovery deposition of any of them as if it were an evidence deposition, and/or (c) using all commercially reasonable efforts to produce in any such dispute resolution proceeding, at the time and in the manner reasonably requested by LenderAgent, all Persons, documents (whether in tangible, electronic or other form) and/or other things under its control and relating to the dispute.