Common use of PROVISIONAL REMEDIES, SELF HELP AND FORECLOSURE Clause in Contracts

PROVISIONAL REMEDIES, SELF HELP AND FORECLOSURE. In addition to any actions taken under the preceding subparagraphs: (i) the Administrative Agent on behalf of the Creditor Parties may exercise all rights and remedies available under law with respect to any collateral, deposits and accounts, including: offset, self-help, sale or other disposition of collateral, attachment, injunction, appointment of a receiver, judicial foreclosure and deficiency judgment or foreclosure by power of 38 sale; (ii) by exercising any such rights and remedies under (i) the Administrative Agent shall not waive the provisions of paragraphs (a) through (d) above; (iii) any issues of law or fact which arise in connection with the exercise by the Administrative Agent on behalf of the Creditor Parties of any rights and remedies available to the Creditor Parties may at the Administrative Agent's election be determined by arbitration in accordance with paragraphs (a) through (d) above; and (iv) notwithstanding any other provision of this Agreement, so long as an arbitration demand has not been filed or served with respect to a claim, either party may elect to assert such claim in the small claims department of the appropriate district court under RCW Ch. 12.40.

Appears in 1 contract

Samples: Loan Agreement (Cutter & Buck Inc)

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PROVISIONAL REMEDIES, SELF HELP AND FORECLOSURE. In addition to any actions taken under the preceding subparagraphs: (i) the Administrative Agent on behalf of the Creditor Parties Lenders may exercise all rights and remedies available under law with respect to any collateral, deposits and accounts, includingincluding but not limited to: offset, self-help, sale or other disposition of collateral, attachment, injunction, appointment of a receiver, judicial foreclosure and deficiency judgment or foreclosure by power of 38 sale; (ii) by exercising any such rights and remedies under (i) the Administrative Agent shall not waive the provisions of paragraphs (a) through (d) above; (iii) any issues of law or fact which arise in connection with the exercise by the Administrative Agent on behalf of the Creditor Parties Lenders of any rights and remedies available to the Creditor Parties Lenders may at the Administrative Agent's election be determined by arbitration in accordance with paragraphs (a) through (d) above; and (iv) notwithstanding any other provision of this Agreement, so long as an arbitration demand has not been filed or served with respect to a claim, either party may elect to assert such claim in the small claims department of the appropriate district court under RCW Ch. 12.40.

Appears in 1 contract

Samples: Loan Agreement (Cutter & Buck Inc)

PROVISIONAL REMEDIES, SELF HELP AND FORECLOSURE. In addition to any actions taken under the preceding subparagraphs: (i) the Administrative Agent on behalf of the Creditor Parties may exercise all rights and remedies available under law with respect to any collateral, deposits and accounts, includingincluding but not limited to: offset, self-help, sale or other disposition of collateral, attachment, injunction, appointment of a receiver, judicial foreclosure and deficiency judgment or foreclosure by power of 38 sale; (ii) by exercising any such rights and remedies under (i) the Administrative Agent shall not waive the provisions of paragraphs (a) through (d) above; (iii) any issues of law or fact which arise in connection with the exercise by the Administrative Agent on behalf of the Creditor Parties of any rights and remedies available to the Creditor Parties may at the Administrative Agent's election be determined by arbitration in accordance with paragraphs (a) through (d) above; and (iv) notwithstanding any other provision of this Agreement, so long as an arbitration demand has not been filed or served with respect to a claim, either party may elect to assert such claim in the small claims department of the appropriate district court under RCW Ch. 12.40.

Appears in 1 contract

Samples: Loan Agreement (Cutter & Buck Inc)

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PROVISIONAL REMEDIES, SELF HELP AND FORECLOSURE. In addition to any actions taken under the preceding subparagraphs: (i) the Administrative Agent on behalf of the Creditor Parties may exercise all rights and remedies available under law with respect to any collateral, deposits and accounts, including: offset, self-help, sale or other disposition of collateral, attachment, injunction, appointment of a receiver, judicial foreclosure and deficiency judgment or foreclosure by power of 38 sale; (ii) by exercising any such rights and remedies under (i) the Administrative Agent shall not waive the provisions of paragraphs (a) through (d) above; (iii) any issues of law or fact which arise in connection with the exercise by the Administrative Agent on behalf of the Creditor Parties of any rights and remedies available to the Creditor Parties may at the Administrative Agent's election be determined by arbitration in accordance with paragraphs (a) through (d) above; and (iv) notwithstanding any my other provision of this Agreement, so long as an arbitration demand has not been filed or served with respect to a claim, either party may elect to assert such claim in the small claims department of the appropriate district court under RCW Ch. 12.40.

Appears in 1 contract

Samples: Loan Agreement (Cutter & Buck Inc)

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