PROVISIONAL REMEDIES, SELF HELP AND FORECLOSURE. In addition to any actions taken under the preceding subparagraphs: (i) the Administrative Agent on behalf of the Lenders may exercise all rights and remedies available under law with respect to any collateral, deposits and accounts, including 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 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 Lenders of any rights and remedies available to the 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 Lenders Creditor Parties may exercise all rights and remedies available under law with respect to any collateral, deposits and accounts, including but not limited toincluding: 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 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 Lenders Creditor Parties of any rights and remedies available to the Lenders 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)
PROVISIONAL REMEDIES, SELF HELP AND FORECLOSURE. In addition to any actions taken under the preceding subparagraphs: (i) the Administrative Agent on behalf of the Lenders Creditor Parties may exercise all rights and remedies available under law with respect to any collateral, deposits and accounts, including but not limited toincluding: 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 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 Lenders Creditor Parties of any rights and remedies available to the Lenders 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)
PROVISIONAL REMEDIES, SELF HELP AND FORECLOSURE. In addition to any actions taken under the preceding subparagraphs: (i) the Administrative Agent on behalf of the Lenders Creditor Parties may exercise all rights and remedies available under law with respect to any collateral, deposits and accounts, including 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 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 Lenders Creditor Parties of any rights and remedies available to the Lenders 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)