HELP AND FORECLOSURE. No provision of this Agreement shall limit the right of any party to this Agreement to exercise self-help remedies such as setoff, or obtaining provisional or ancillary remedies from a court of competent jurisdiction before, after, or during the pendency of any arbitration or other proceeding. The exercise of a remedy does not waive the right of either party to resort to arbitration.
Appears in 2 contracts
Samples: Unsecured Line of Credit Loan Agreement (Bre Properties Inc /Md/), Unsecured Line of Credit Loan Agreement (Bre Properties Inc /Md/)
HELP AND FORECLOSURE. No provision of this Agreement shall limit the right of any party to this Agreement Party (a) to exercise self-help remedies such as setoffincluding, without limitation, set-off, (b) to foreclose against or obtaining sell any collateral, by power of sale or otherwise or (c) to obtain or oppose provisional or ancillary remedies from a court of competent jurisdiction before, after, after or during the pendency of any arbitration the Arbitration or other proceedingReference. The exercise of a of, or opposition to, any such remedy does not waive the right of either party any Party to resort Arbitration or Reference pursuant to arbitrationthis Agreement.
Appears in 2 contracts
Samples: Loan Agreement (Viasat Inc), Security Agreement (Specialty Laboratories)
HELP AND FORECLOSURE. No provision of this Agreement Section 3.5 shall limit the right of any party to this Agreement to exercise self-help remedies such as setoff, foreclosure against or obtaining sale of any real or personal property collateral or security, or to obtain provisional or ancillary remedies from a court of competent jurisdiction before, after, or during the pendency of any arbitration or other proceeding. The exercise of a remedy does not waive the right of either party to resort to arbitration.
Appears in 1 contract
Samples: Credit Agreement (Apartment Investment & Management Co)
HELP AND FORECLOSURE. No provision of this Agreement Section 10.17 shall limit the right of any party to this Agreement to exercise self-help remedies such as setoff, foreclosure against or obtaining sale of any real or personal property collateral or security, or to obtain provisional or ancillary remedies from a court of competent jurisdiction before, after, or during the pendency of any arbitration or other proceeding. The exercise of a remedy does not waive the right of either party to resort to arbitration.
Appears in 1 contract
Samples: Credit Agreement (Apartment Investment & Management Co)