Common use of HELP AND FORECLOSURE Clause in Contracts

HELP AND FORECLOSURE. The arbitration requirement does not limit the right of any party to (a) foreclose against real or personal property collateral; (b) exercise self-help remedies relating to collateral or proceeds of collateral such as setoff or repossession; or (c) obtain provisional or ancillary remedies such as replevin, injunctive relief, attachment or the appointment of a receiver, before during or after the pendency of any arbitration proceeding. This exclusion does not constitute a waiver of the right or obligation of any party to submit any dispute to arbitration or reference hereunder, including those arising from the exercise of the actions detailed in sections (a), (b) and (c) of this paragraph.

Appears in 3 contracts

Samples: Continuing Guaranty (S&W Seed Co), Continuing Guaranty (S&W Seed Co), Continuing Guaranty (S&W Seed Co)

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HELP AND FORECLOSURE. The arbitration requirement does not limit the right of any party to (ai) foreclose against real or personal property collateral; (bii) exercise self-help remedies relating to collateral or proceeds of collateral such as setoff or repossession; or (ciii) obtain provisional or ancillary remedies such as replevin, injunctive relief, attachment or the appointment of a receiver, before during or after the pendency of any arbitration proceeding. This exclusion does not constitute a waiver of the right or obligation of any party to submit any dispute to arbitration or reference hereunder, including those arising from the exercise of the actions detailed in sections (ai), (bii) and (ciii) of this paragraph.

Appears in 3 contracts

Samples: Credit Agreement (RGC Resources Inc), Credit Agreement (Willdan Group, Inc.), Credit Agreement (Hypercom Corp)

HELP AND FORECLOSURE. The arbitration requirement does not limit the right of any party to (ai) foreclose against real or personal property collateral; (bii) exercise self-help remedies relating to collateral or proceeds of collateral such as setoff or repossession; or (ciii) obtain provisional or ancillary remedies such as replevin, injunctive relief, attachment or the appointment of a receiver, before during or after the pendency of any arbitration proceeding. This exclusion does not constitute a waiver of the right or obligation of any party to submit any dispute to arbitration or reference hereunder, . including those arising from the exercise of the actions detailed in sections (ai), (bii) and (ciii) of this paragraph.

Appears in 1 contract

Samples: Credit Agreement (Advanced Energy Industries Inc)

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HELP AND FORECLOSURE. The arbitration requirement does not limit the right of any arty party to (a) foreclose against real or personal property collateral; (b) exercise self-help remedies relating to collateral or proceeds of collateral such as setoff or repossession; or (c) obtain provisional or ancillary remedies such as replevin, injunctive relief, attachment or the appointment of a receiver, before during or after the pendency of any arbitration proceeding. This exclusion does not constitute a waiver of the right or obligation of any party to submit any dispute to arbitration or reference hereunder, including those arising from the exercise of the actions detailed in sections (a), (b) and (c) of this paragraph.

Appears in 1 contract

Samples: Continuing Guaranty (Incentra Solutions, Inc.)

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