Common use of Cooperation in Discovery and Litigation Clause in Contracts

Cooperation in Discovery and Litigation. In any litigation, arbitration or other dispute resolution proceeding relating to any Loan Document, Subordinated Lender waives any and all defenses, objections and counterclaims it may have or could interpose with respect to (i) any of its and its affiliates' directors, officers, employees or agents being deemed to be employees or managing agents of Subordinated Lender for purposes of all applicable law or court rules regarding the production of witnesses by notice for testimony (whether in a deposition, at trial or otherwise), (ii) Senior Lender's counsel examining any such individuals as if under cross-examination and using any discovery deposition of any of them as if it were an evidence deposition, and/or (iii) using all commercially reasonable efforts to produce in any such dispute resolution proceeding, at the time and in the manner requested by Senior Lender, all Persons, documents (whether in tangible, electronic or other form) and/or other things under its control and relating to the dispute.

Cooperation in Discovery and Litigation. In any litigation, arbitration or other dispute resolution proceeding relating to any Loan Document, Subordinated Lender Borrower waives any and all defenses, objections and counterclaims it may have or could interpose with respect to (ia) any of its and its affiliates' directors, officers, employees or agents being deemed to be employees or managing agents of Subordinated Lender Borrower for purposes of all applicable law or court rules regarding the production of witnesses by notice for testimony (whether in a deposition, at trial or otherwise), (iib) Senior Agent's or any Lender's counsel examining any such individuals as if under cross-examination and using any discovery deposition of any of them as if it were an evidence deposition, and/or (iiic) using all commercially reasonable efforts to produce in any such dispute resolution proceeding, at the time and in the manner requested by Senior LenderAgent, all Persons, documents (whether in tangible, electronic or other form) and/or other things under its control and relating to the dispute.

Cooperation in Discovery and Litigation. In any litigation, arbitration or other dispute resolution proceeding relating to any Loan Debenture Document, Subordinated Lender each Obligor waives any and all defenses, objections and counterclaims it may have or could interpose with respect to (i) any of its and its affiliates' directors, officers, employees or agents being deemed to be employees or managing agents of Subordinated Lender such Obligor for purposes of all applicable law or court rules regarding the production of witnesses by notice for testimony (whether in a deposition, at trial or otherwise), (ii) Senior Lender's Debenture Holder’s counsel examining any such individuals as if under cross-examination and using any discovery deposition of any of them as if it were an evidence deposition, and/or (iii) using all commercially reasonable efforts to produce in any such dispute resolution proceeding, at the time and in the manner requested by Senior LenderDebenture Holder, all Persons, documents (whether in tangible, electronic or other form) and/or other things under its control and relating to the dispute.