Common use of Binding Nature of Certain Adjudications Clause in Contracts

Binding Nature of Certain Adjudications. Each Guarantor will be conclusively bound by the final adjudication in any action or proceeding, legal or otherwise, involving any controversy arising under, in connection with, or in any way related to, any of the Guarantied Obligations, and by a final judgment, award or decree entered therein, if such Guarantor had the right, or was given the opportunity, to participate in such action or proceeding and was given notice of such action or proceeding in time to exercise such right or avail itself of such opportunity.

Appears in 5 contracts

Samples: Loan Agreement (Insituform Technologies Inc), Master Guaranty (Insituform Technologies Inc), Credit Agreement (Insituform Technologies Inc)

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Binding Nature of Certain Adjudications. Each Guarantor will shall be conclusively bound by the final adjudication in any action or proceeding, legal or otherwise, involving any controversy arising under, in connection with, or in any way related to, any of the Guarantied Guaranteed Obligations, and by a final judgment, award or decree entered therein, if such Guarantor shall have had the right, or was shall have been given the opportunity, to participate in such action or proceeding and was shall have been given notice of such action or proceeding in time to exercise such right or avail itself of such opportunity.

Appears in 3 contracts

Samples: Credit Agreement (Garden State Newspapers Inc), Credit Agreement (Garden State Newspapers Inc), Credit Agreement (Garden State Newspapers Inc)

Binding Nature of Certain Adjudications. Each The Guarantor will shall be conclusively bound by the final non-appealable adjudication in any action or proceeding, legal or otherwise, involving any controversy arising under, in connection with, or in any way related relating to, any of the Guarantied Seller Obligations, and by a final judgment, award or decree entered therein, if such provided, in any case, that the Guarantor shall have had the right, or was shall have been given the opportunity, to participate in such action or proceeding and was shall have been given written notice of such action or proceeding in time to exercise such right or avail itself of such opportunity.

Appears in 2 contracts

Samples: Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Inc), Guaranty Agreement (Morgan Stanley Capital I Inc)

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Binding Nature of Certain Adjudications. Each The Guarantor will shall be conclusively bound by the final non-appealable adjudication in any action or proceeding, legal or otherwise, involving any controversy arising under, in connection with, or in any way related relating to, any of the Guarantied Obligations, and by a final judgment, award or decree entered therein, if such provided, in any case, that the Guarantor shall have had the right, or was shall have been given the opportunity, to participate in such action or proceeding and was shall have been given written notice of such action or proceeding in time to exercise such right or avail itself of such opportunity.

Appears in 2 contracts

Samples: Mortgage Loan Purchase Agreement (Gmac Commercial Mortgage Securities Inc), Guaranty Agreement (Gmac Commercial Mortgage Securities Inc)

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