Real Property Collateral. Notwithstanding the provisions of Section 10.2.1, no controversy or claim will be submitted to arbitration without the consent of all the parties if, at the time of the proposed submission, such controversy or claim arises from or relates to an obligation owed to CNB which is secured in whole or in part by real property collateral. If all parties do not consent to submission of such a controversy or claim to arbitration, the controversy or claim will be determined as provided in Section 10.2.3.
Appears in 8 contracts
Samples: Credit and Security Agreement (RealD Inc.), Credit and Security Agreement (RealD Inc.), Credit and Security Agreement (RealD Inc.)
Real Property Collateral. Notwithstanding the provisions of Section 10.2.1subparagraph 10.14(a), no controversy or claim will shall be submitted to arbitration without the consent of all the parties if, at the time of the proposed submission, such controversy or claim arises from or relates to an obligation owed to CNB the Banks which is secured in whole or in part by real property collateral. If all parties do not consent to submission of such a controversy or claim to arbitration, the controversy or claim will shall be determined as provided in Section 10.2.3.subparagraph 10.14(c). (c)
Appears in 4 contracts
Samples: Credit Agreement (Bedford Property Investors Inc/Md), Unsecured Credit Agreement (Bedford Property Investors Inc/Md), Credit Agreement (Bedford Property Investors Inc/Md)
Real Property Collateral. Notwithstanding the provisions of Section 10.2.1, no No controversy or claim will be submitted to arbitration without the consent of all the parties if, at the time of the proposed submission, such controversy or claim arises from or relates to an obligation owed to CNB which is secured in whole or in part by real property collateral. If all parties do not consent to submission of such a controversy or claim to arbitration, the controversy or claim will be determined as provided in Section 10.2.3the subsection entitled “Judicial Reference”.
Appears in 4 contracts
Samples: Form of Credit Agreement (Highbury Financial Inc), Credit Agreement (Highbury Financial Inc), Credit Agreement (Highbury Financial Inc)
Real Property Collateral. Notwithstanding the provisions of Section 10.2.1Subsection (b), no controversy or claim will shall be submitted to arbitration without the consent of all the parties if, at the time of the proposed submission, such controversy or claim arises from or relates any obligation of Borrower to an obligation owed to CNB which Bank is secured in whole or in part by real property collateral. If all parties do not consent to submission of such a controversy or claim to arbitration, the controversy or claim will shall be determined by judicial reference as provided in Section 10.2.3Subsection (a).
Appears in 3 contracts
Samples: Lease (Palace Entertainment Holdings, Inc.), Brooks Automation Inc, Brooks Automation Inc
Real Property Collateral. Notwithstanding the provisions of Section 10.2.1subsection 9.2.1, no controversy or claim will be submitted to arbitration without the consent of all the parties if, at the time of the proposed submission, such controversy or claim arises from or relates to an obligation owed to CNB which is secured in whole or in part by real property collateral. If all parties do not consent to submission of such a controversy or claim to arbitration, the controversy or claim will be determined as provided in Section 10.2.3subsection 9.2.3.
Appears in 3 contracts
Samples: Credit and Security Agreement (Tier Technologies Inc), Credit and Security Agreement (Tier Technologies Inc), Credit Agreement (Spectrum Laboratories Inc /Ca)
Real Property Collateral. Notwithstanding the provisions of Section 10.2.17.2, no controversy or claim will shall be submitted to arbitration without the consent of all the parties if, at the time of the proposed submission, such controversy or claim arises from or relates to an obligation owed to CNB Bank which is secured in whole or in part by real property collateral. If all parties do not consent to submission of such a controversy or claim to arbitration, the controversy or claim will shall be determined as provided in Section 10.2.37.1.
Appears in 3 contracts
Samples: Standing Loan Agreement (Super Micro Computer, Inc.), Indemnity Agreement (Prolong International Corp), Standing Loan Agreement (Williams Sonoma Inc)
Real Property Collateral. Notwithstanding the provisions of ------------------------ Section 10.2.110.15.2, no controversy or claim will shall be submitted to arbitration --------------- without the consent of all the parties if, at the time of the proposed submission, such controversy or claim arises from or relates to an obligation owed to CNB which the Administrative Agent or the Banks that is secured in whole or in part by real property collateral. If all parties do not consent to submission of such a controversy or claim to arbitration, the controversy or claim will shall be determined by reference as provided in Section 10.2.3.10.15.1. ---------------
Appears in 2 contracts
Samples: Line of Credit Loan Agreement (Catellus Development Corp), Credit Loan Agreement (Catellus Development Corp)
Real Property Collateral. Notwithstanding the provisions of Section 10.2.1subparagraph (a), no controversy or claim will shall be submitted to arbitration without the consent of all the parties if, at the time of the proposed submission, such controversy or claim arises from or relates to an obligation owed to CNB Secured Party which is secured in whole or in part by real property collateral. If all parties do not consent to submission of such a controversy or claim to arbitration, the controversy or claim will be determined as provided in Section 10.2.3.
Appears in 2 contracts
Samples: Security Agreement (NGA Holdco, LLC), Security Agreement (NGA Holdco, LLC)
Real Property Collateral. Notwithstanding the provisions of Section 10.2.1subparagraph (a), no controversy or claim will shall be submitted to arbitration without the consent of all the parties if, at the time of the proposed submission, such controversy or claim arises from or relates to an obligation owed to CNB the Administrative Agent, the Issuing Bank or any Bank which is secured in whole or in part by real property collateral. If all parties do not consent to submission of such a controversy or claim to arbitration, the controversy or claim will be determined as provided in Section 10.2.3.
Appears in 2 contracts
Samples: Loan Agreement (Eldorado Resorts LLC), Loan Agreement (NGA Holdco, LLC)
Real Property Collateral. Notwithstanding the provisions of Section 10.2.1subparagraph 10.13(a), no controversy or claim will shall be submitted to arbitration without the consent of all the parties if, at the time of the proposed submission, such controversy or claim arises from or relates to an obligation owed to CNB the Banks which is secured in whole or in part by real property collateral. If all parties do not consent to submission of such a controversy or claim to arbitration, the controversy or claim will shall be determined as provided in Section 10.2.3.subparagraph 10.13(c). (c)
Appears in 2 contracts
Samples: Credit Agreement (Bedford Property Investors Inc/Md), Credit Agreement (Bedford Property Investors Inc/Md)
Real Property Collateral. Notwithstanding the provisions of Section 10.2.1subsection ------------------------ 12(b), no controversy or claim will shall be submitted to arbitration without the consent of all the parties if, at the time of the proposed submission, such controversy or claim arises from or relates to an obligation owed by Guarantor or Borrower to CNB Bank which is secured in whole or in part by real property collateral. If all parties do not consent to submission of such a controversy or claim to arbitration, the controversy or claim will shall be determined by reference as provided in Section 10.2.3subsection 12(a).
Appears in 2 contracts
Samples: Secured and Unsecured Indemnity Agreement (Prolong International Corp), Indemnity Agreement (Prolong International Corp)
Real Property Collateral. Notwithstanding the provisions of Section 10.2.1subsection 13(a), no controversy or claim will shall be submitted to arbitration without the consent of all the parties if, at the time of the proposed submission, such controversy or claim arises from or relates to an obligation owed by Guarantor or Borrower to CNB Bank which is secured in whole or in part by real property collateral. If all parties do not consent to submission of such a controversy or claim to arbitration, the controversy or claim will shall be determined as provided in Section 10.2.3by a court of competent jurisdiction.
Appears in 2 contracts
Samples: Payment Guaranty (Historic Preservation Properties 1989 Limited Partnership), Payment Guaranty (Historic Preservation Properties 1989 Limited Partnership)
Real Property Collateral. Notwithstanding the provisions of Section 10.2.1subsection 8.2.1, no controversy or claim will be submitted to arbitration without the consent of all the parties if, at the time of the proposed submission, such controversy or claim arises from or relates to an obligation owed to CNB which is secured in whole or in part by real property collateral. If all parties do not consent to submission of such a controversy or claim to arbitration, the controversy or claim will be determined as provided in Section 10.2.3subsection 8.2.3.
Appears in 2 contracts
Samples: Credit Agreement (Spectrum Laboratories Inc /Ca), Credit Agreement (Signature Eyewear Inc)
Real Property Collateral. Notwithstanding the provisions of Section 10.2.110.1, no controversy or claim will shall be submitted to arbitration without the consent of all the parties if, at the time of the proposed submission, such controversy or claim arises from or relates to an obligation owed to CNB which that is secured in whole or in part by real property collateral. If all parties do not consent to submission of such a controversy or claim to arbitration, the controversy or claim will shall be determined as provided by a referee in Section 10.2.3.accordance with California Code of Civil Procedure Sections 638
Appears in 2 contracts
Samples: Terms and Conditions (Sientra, Inc.), Terms and Conditions (Sientra, Inc.)
Real Property Collateral. Notwithstanding the provisions of Section 10.2.18.15(b), no controversy or claim will shall be submitted to arbitration without the consent of all the parties if, at the time of the proposed submission, such controversy or claim arises from or relates to an obligation owed to CNB any of the Banks which is secured in whole or in part by real property collateral. If all parties do not consent to submission of such a controversy or claim to arbitration, the controversy or claim will shall be determined as provided in Section 10.2.38.15(a).
Appears in 1 contract
Samples: Syndicated Revolving Credit Agreement (Pacific Gulf Properties Inc)
Real Property Collateral. Notwithstanding the provisions of Section 10.2.1Subsection (b), no controversy or claim will shall be submitted to arbitration without the consent of all the parties if, at the time of the proposed submission, such controversy or claim arises from or relates any obligation of Borrower to an obligation owed to CNB which Lender is secured in whole or in part by real property collateral. If all parties do not consent to submission of such a controversy or claim to arbitration, the controversy or claim will shall be determined by judicial reference as provided in Section 10.2.3Subsection (a).
Appears in 1 contract
Samples: Lease (Chicago Pizza & Brewery Inc)
Real Property Collateral. Notwithstanding the provisions of Section 10.2.1------------------------ subsection 14(b), no controversy or claim will shall be submitted to arbitration without the consent of all the parties if, at the time of the proposed submission, such controversy or claim arises from or relates to an obligation owed by Guarantor or Borrower to CNB Bank which is secured in whole or in part by real property collateral. If all parties do not consent to submission of such a controversy or claim to arbitration, the controversy or claim will shall be determined by reference as provided in Section 10.2.3subsection 14(a).
Appears in 1 contract
Real Property Collateral. Notwithstanding the provisions of Section 10.2.110.1, no controversy or claim will shall be submitted to arbitration without the consent of all the parties if, at the time of the proposed submission, such controversy or claim arises from or relates to an obligation owed to CNB which that is secured in whole or in part by real property collateral. If all parties do not consent to submission of such a controversy or claim to arbitration, the controversy or claim will shall be determined as provided by a referee in Section 10.2.3.accordance with California Code of Civil Procedure
Appears in 1 contract
Samples: Industrial Lease (Appfolio Inc)
Real Property Collateral. Notwithstanding the provisions of Section 10.2.1subparagraph (a), no controversy or claim will shall be submitted to arbitration without the consent of all the parties if, at the time of the proposed submission, such controversy or claim arises from or relates to an obligation owed to CNB Lender which is secured in whole or in part by real property collateral. If all parties do not consent to submission of such a controversy or claim to arbitration, the controversy or claim will be determined as provided in Section 10.2.3.
Appears in 1 contract
Samples: Guaranty (NGA Holdco, LLC)
Real Property Collateral. Notwithstanding the provisions of Section 10.2.17.1, no controversy or claim will shall be submitted to arbitration without the consent of all the parties if, at the time of the proposed submission, such controversy or claim arises from or relates to an obligation owed to CNB Bank which is secured in whole or in part by real property collateral. If all parties do not consent to submission of such a controversy or claim to arbitration, the controversy or claim will shall be determined as provided in Section 10.2.3by a court of competent jurisdiction.
Appears in 1 contract
Samples: Standing Loan Agreement (Historic Preservation Properties 1989 Limited Partnership)
Real Property Collateral. Notwithstanding Not withstanding the provisions of Section 10.2.1, no controversy or claim will be submitted to arbitration without the consent of all the parties if, at the time of the proposed submission, such controversy or claim arises from or relates to an obligation owed to CNB which is secured in whole or in part by real property collateral. If all parties do not consent to submission of such a controversy or claim to arbitration, the controversy or claim will be determined as provided in Section 10.2.3Subsection entitled judicial reference.
Appears in 1 contract
Samples: City National Bank credit Agreement (Emergent Group Inc/Ny)
Real Property Collateral. Notwithstanding the provisions of Section 10.2.1subsection 12.2 (a), no controversy or claim will shall be submitted to arbitration without the consent of all the parties if, at the time of the proposed submission, such controversy or claim arises from or relates to an obligation owed to CNB Collateral Agent or any Senior Lender which is secured in whole or in part by real property collateral. If all parties do not consent to submission of such a controversy or claim to arbitration, the controversy or claim will be determined as provided in Section 10.2.3.
Appears in 1 contract
Real Property Collateral. Notwithstanding the provisions of Section 10.2.1subparagraph 10.14(a), no controversy or claim will shall be submitted to arbitration without the consent of all the parties if, at the time of the proposed submission, such controversy or claim arises from or relates to an obligation owed to CNB the Banks which is secured in whole or in part by real property collateralCollateral. If all parties do not consent to submission of such a controversy or claim to arbitration, the controversy or claim will shall be determined as provided in Section 10.2.3subparagraph 10.14(c).
Appears in 1 contract
Samples: Credit Agreement (Bedford Property Investors Inc/Md)
Real Property Collateral. Notwithstanding the provisions of Section 10.2.1subsection 4.5(b), no controversy or claim will shall be submitted to arbitration without the consent of all the parties if, at the time of the proposed submission, such controversy or claim arises from or relates to an obligation owed to CNB Bank which is secured in whole or in part by real property collateral. If all parties do not consent to submission of such a controversy or claim to arbitration, the controversy or claim will shall be determined by reference as provided in Section 10.2.3subsection 4.5(a).
Appears in 1 contract
Samples: Secured and Unsecured Indemnity Agreement (Prolong International Corp)
Real Property Collateral. Notwithstanding the provisions of Section 10.2.112.1, no controversy or claim will shall be submitted to arbitration without the consent of all the parties if, at the time of the proposed submission, such controversy or claim arises from or relates to an obligation owed to CNB any Bank which is secured in whole or in part by real property collateral. If all parties do not consent to submission of such a controversy or claim to arbitration, the controversy or claim will shall be determined as provided in Section 10.2.312.3. Nothing herein shall imply the consent of any Bank to the acceptance of any real property as collateral for the Obligations.
Appears in 1 contract
Samples: Acquisition Term Loan Agreement (Tic Acquisition LLC)
Real Property Collateral. Notwithstanding the provisions of Section 10.2.1subparagraph (a), no controversy or claim will shall be submitted to arbitration without the consent of all the parties if, at the time of the proposed submission, such controversy or claim arises from or relates to an obligation owed to CNB any Creditor Party which is secured in whole or in part by real property collateralCollateral. If all parties do not consent to submission of such a controversy or claim to arbitration, the controversy or claim will shall be determined as provided in Section 10.2.3subparagraph (c).
Appears in 1 contract
Samples: Loan Agreement (Jakks Pacific Inc)