Real Property Collateral. 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 the subsection entitled “Judicial Reference”.
Appears in 4 contracts
Samples: Credit Agreement (Highbury Financial Inc), Credit Agreement (Highbury Financial Inc), Credit Agreement (Highbury Financial Inc)
Real Property Collateral. No Notwithstanding the provisions of subparagraph 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 the subsection entitled “Judicial Reference”subparagraph 10.14(c).
Appears in 4 contracts
Samples: Credit Agreement (Bedford Property Investors Inc/Md), Credit Agreement (Bedford Property Investors Inc/Md), Unsecured Credit Agreement (Bedford Property Investors Inc/Md)
Real Property Collateral. No Notwithstanding the provisions of subsection 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 the subsection entitled “Judicial Reference”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. No Notwithstanding the provisions of Section 7.2, 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 the subsection entitled “Judicial Reference”Section 7.1.
Appears in 3 contracts
Samples: Standing Loan Agreement (Super Micro Computer, Inc.), Standing Loan Agreement (Williams Sonoma Inc), Standing Loan Agreement (Prolong International Corp)
Real Property Collateral. No Notwithstanding the provisions of Subsection (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 the subsection entitled “Judicial Reference”Subsection (a).
Appears in 3 contracts
Samples: Commercial Ground Lease (Palace Entertainment Holdings, Inc.), Multi Tenant Industrial Triple Net Lease (Brooks Automation Inc), Multi Tenant Industrial Triple Net Lease (Brooks Automation Inc)
Real Property Collateral. No Notwithstanding the provisions of subsection 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 the subsection entitled “Judicial Reference”by 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. No Notwithstanding the provisions of Section 10.1, 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 the subsection entitled “Judicial Reference”.accordance with California Code of Civil Procedure Sections 638
Appears in 2 contracts
Samples: Multi Purpose Commercial Building Lease (Sientra, Inc.), Multi Purpose Commercial Building Lease (Sientra, Inc.)
Real Property Collateral. No Notwithstanding the provisions of subparagraph (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 the subsection entitled “Judicial Reference”.
Appears in 2 contracts
Samples: Loan Agreement (Eldorado Resorts LLC), Loan Agreement (NGA Holdco, LLC)
Real Property Collateral. No Notwithstanding the provisions of subparagraph (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 the subsection entitled “Judicial Reference”.
Appears in 2 contracts
Samples: Security Agreement (NGA Holdco, LLC), Security Agreement (NGA Holdco, LLC)
Real Property Collateral. No Notwithstanding the provisions of subparagraph 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 the subsection entitled “Judicial Reference”subparagraph 10.13(c).
Appears in 2 contracts
Samples: Credit Agreement (Bedford Property Investors Inc/Md), Unsecured Credit Agreement (Bedford Property Investors Inc/Md)
Real Property Collateral. No Notwithstanding the provisions of subsection ------------------------ 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 the subsection entitled “Judicial Reference”12(a).
Appears in 2 contracts
Samples: Bridge Loan Agreement (Prolong International Corp), Standing Loan Agreement (Prolong International Corp)
Real Property Collateral. No Notwithstanding the provisions of subparagraph (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 the subsection entitled “Judicial Reference”.
Appears in 1 contract
Samples: Guaranty (NGA Holdco, LLC)
Real Property Collateral. No Notwithstanding the provisions of Section 7.1, 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 the subsection entitled “Judicial Reference”by a court of competent jurisdiction.
Appears in 1 contract
Samples: Standing Loan Agreement (Historic Preservation Properties 1989 Limited Partnership)
Real Property Collateral. No 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 the subsection Subsection entitled “Judicial Reference”judicial reference.
Appears in 1 contract
Real Property Collateral. No Notwithstanding the provisions of subparagraph (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 the subsection entitled “Judicial Reference”subparagraph (c).
Appears in 1 contract
Samples: Loan Agreement (Jakks Pacific Inc)
Real Property Collateral. No Notwithstanding the provisions of subsection 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 the subsection entitled “Judicial Reference”4.5(a).
Appears in 1 contract
Real Property Collateral. No Notwithstanding the provisions of Subsection (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 the subsection entitled “Judicial Reference”Subsection (a).
Appears in 1 contract
Real Property Collateral. No Notwithstanding the provisions of ------------------------ 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 the subsection entitled “Judicial Reference”14(a).
Appears in 1 contract
Samples: Unsecured Line of Credit Loan Agreement (Bre Properties Inc /Md/)
Real Property Collateral. No Notwithstanding the provisions of subsection 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 the subsection entitled “Judicial Reference”.
Appears in 1 contract
Samples: Convertible Note Purchase Agreement (Crown Resources Corp)
Real Property Collateral. No Notwithstanding the provisions of Section 8.15(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 the subsection entitled “Judicial Reference”Section 8.15(a).
Appears in 1 contract
Samples: Syndicated Revolving Credit Agreement (Pacific Gulf Properties Inc)
Real Property Collateral. No Notwithstanding the provisions of Section 12.1, 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 the subsection entitled “Judicial Reference”Section 12.
Appears in 1 contract
Samples: Acquisition Term Loan Agreement (Tic Acquisition LLC)
