Common use of Scope of Waiver Clause in Contracts

Scope of Waiver. Subject to the provisions contained herein, each of the Company and the Guarantors hereby expressly grants to the Initial Purchasers and any indemnified party under this Agreement, an irrevocable limited waiver of its sovereign immunity from unconsented suit and consent irrevocably to suit exclusively to: (i) interpret or enforce the terms of this Agreement; (ii) compel arbitration under the commercial arbitration rules of the American Arbitration Association; (iii) enforce an arbitrator's decision with respect to arbitration under the commercial arbitration rules of the American Arbitration Association; (iv) order amounts payable under this Agreement to be paid in accordance with the terms thereof and enforce the award of damages owing as a consequence of a breach of this Agreement, whether such order or award is the product of litigation or arbitration; (v) order the seizure and sale of any assets of the Company or a Guarantor used or held for use in the Related Business (as defined in the Indenture), or the exercise of any other remedy available generally in the State of New York for judgment creditors; (vi) determine whether any consent or approval of the Company or a Guarantor has been improperly granted or unreasonably withheld; and (vii) enforce any judgment or arbitration decision prohibiting the Company or a Guarantor from taking any action, or mandating or obligating the Company or a Guarantor to take any action.

Scope of Waiver. Subject to the provisions contained herein, each of the Company and the Guarantors hereby expressly grants to the Initial Purchasers and any indemnified party under this Agreement, an irrevocable limited waiver of its sovereign immunity from unconsented suit and consent irrevocably to suit exclusively to: (i) interpret or enforce the terms of this Agreement; (ii) compel arbitration under the commercial arbitration rules of the American Arbitration Association; (iii) enforce an arbitrator's ’s decision with respect to arbitration under the commercial arbitration rules of the American Arbitration Association; (iv) order amounts payable under this Agreement to be paid in accordance with the terms thereof and enforce the award of damages owing as a consequence of a breach of this Agreement, whether such order or award is the product of litigation or arbitration; (v) order the seizure and sale of any assets of the Company or a Guarantor used or held for use in the Related Business (as defined in the Indenture), or the exercise of any other remedy available generally in the State of New York for judgment creditors; (vi) determine whether any consent or approval of the Company or a Guarantor has been improperly granted or unreasonably withheld; and (vii) enforce any judgment or arbitration decision prohibiting the Company or a Guarantor from taking any action, or mandating or obligating the Company or a Guarantor to take any action.

Scope of Waiver. Subject to the provisions contained herein, each of the The Company and the Guarantors hereby expressly grants grant to the Initial Purchasers Trustee (and any indemnified party under this Agreementthe Holders of Notes and their respective representatives), an irrevocable limited waiver of its sovereign immunity from unconsented suit and consent irrevocably to suit in accordance with this Indenture solely and exclusively to: (i1) interpret or enforce the terms of this AgreementIndenture or the Notes; (ii2) compel arbitration under the commercial arbitration rules of the American Arbitration Association; (iii3) enforce an arbitrator's decision with respect to arbitration under the commercial arbitration rules of the American Arbitration Association; (iv4) order amounts payable under this Agreement Indenture and the Notes to be paid in accordance with the terms thereof and enforce the award of damages owing as a consequence of a breach of this AgreementIndenture or the Notes, whether such order or award is the product of litigation or arbitration; (v5) order the seizure and sale of any assets of the Company or a Guarantor used or held for use in the Related Business (as defined in the Indenture)Business, or the exercise of any other remedy available generally in the State of New York for judgment creditors; (vi6) determine whether any consent or approval of the Company or a Guarantor has been improperly granted or unreasonably withheld; and (vii7) enforce any judgment or arbitration decision prohibiting the Company or a Guarantor from taking any action, or mandating or obligating the Company or a Guarantor to take any action.