Real Property Collateral; Judicial Reference. Notwithstanding anything herein to the contrary, no dispute shall be submitted to arbitration if the dispute concerns indebtedness secured directly or indirectly, in whole or in part, by any real property unless (i) the holder of the mortgage, lien or security interest specifically elects in writing to proceed with the arbitration, or (ii) all parties to the arbitration waive any rights or benefits that might accrue to them by virtue of the single action rule statute of Nevada, thereby agreeing that all indebtedness and obligations of the Parties, and all mortgages, liens and security interests securing such indebtedness and obligations, shall remain fully valid and enforceable.
Appears in 4 contracts
Samples: Loan Agreement (AAC Holdings, Inc.), Loan Agreement (AAC Holdings, Inc.), Repayment Guaranty (AAC Holdings, Inc.)
Real Property Collateral; Judicial Reference. Notwithstanding anything herein to the contrary, no dispute shall be submitted to arbitration if the dispute concerns indebtedness secured directly or indirectly, in whole or in part, by any real property unless (i) the holder of the mortgage, lien or security interest specifically elects in writing to proceed with the arbitration, or (ii) all parties to the arbitration waive any rights or benefits that might accrue to them by virtue of the single action rule statute of NevadaCalifornia, thereby agreeing that all indebtedness and obligations of the Partiesparties, and all mortgages, liens and security interests securing such indebtedness and obligations, shall remain fully valid and enforceable.. If any such dispute is not
Appears in 2 contracts
Samples: Patent and Trademark Security Agreement (Phoenix Footwear Group Inc), Patent and Trademark Security Agreement (Phoenix Footwear Group Inc)
Real Property Collateral; Judicial Reference. Notwithstanding anything herein to the contrary, no dispute Dispute shall be submitted to arbitration if the dispute Dispute concerns indebtedness secured directly or indirectly, in whole or in part, by any real property unless (i) the holder of the mortgage, lien or security interest specifically elects in writing to proceed with the arbitration, or (ii) all parties to the arbitration waive any rights or benefits that might accrue to them by virtue of the single action rule statute of NevadaUtah, thereby agreeing agreeing, that all indebtedness and obligations of the Partiesparties, and all mortgages, liens and security interests securing such indebtedness and obligations, shall remain main fully valid and enforceable.. If any such Dispute is not
Appears in 1 contract
Samples: Business Loan Agreement (Rocky Mountain Chocolate Factory Inc)
Real Property Collateral; Judicial Reference. Notwithstanding anything herein to the contrary, no dispute Dispute shall be submitted to arbitration if the dispute Dispute concerns indebtedness secured directly or indirectly, in whole or in part, by any real property unless (i) the holder of the mortgage, lien or security interest specifically elects in writing to proceed with the arbitration, or (ii) all parties to the arbitration waive any rights or benefits that might accrue to them by virtue of the single action rule statute of NevadaCalifornia, thereby agreeing that all indebtedness and obligations of the Partiesparties, and all mortgages, liens and security interests securing such indebtedness and obligations, shall remain fully valid and enforceable.. If any such Dispute is not submitted to arbitration, the Dispute shall be referred to a referee in
Appears in 1 contract
Samples: Credit Agreement (Invivo Corp)
Real Property Collateral; Judicial Reference. Notwithstanding anything herein to the contrary, no dispute Dispute shall be submitted to arbitration if the dispute Dispute concerns indebtedness secured directly or indirectly, in whole or in part, by any real property unless (i) the holder of the mortgage, lien or security interest specifically elects in writing to proceed with the arbitration, or (ii) all parties to the arbitration waive any rights or benefits that might accrue to them by virtue of the single action rule statute of NevadaTexas, thereby agreeing that all indebtedness and obligations of the Partiesparties, and all mortgages, liens and security interests securing such indebtedness and obligations, shall remain fully valid and enforceable.
Appears in 1 contract
Real Property Collateral; Judicial Reference. Notwithstanding anything herein to the contrary, no dispute shall be submitted to arbitration if the dispute concerns indebtedness secured directly or indirectly, in whole or in part, by any real property unless (i) the holder of the mortgage, lien or security interest specifically elects in writing to proceed with the arbitration, or (ii) all parties to the arbitration waive any rights or benefits that might accrue to them by virtue of the single action rule statute of NevadaTexas, thereby agreeing that all indebtedness and obligations of the Parties, and all mortgages, liens and security interests securing such indebtedness and obligations, shall remain fully valid and enforceable.
Appears in 1 contract
Samples: Loan Agreement (AAC Holdings, Inc.)