Litigation; Jurisdiction; Other Matters; Waivers. (a) EACH PARTY HERETO ACKNOWLEDGES THAT ANY DISPUTE OR CONTROVERSY BETWEEN OR AMONG THE BORROWER, THE AGENT OR ANY OF THE LENDERS WOULD BE BASED ON DIFFICULT AND COMPLEX ISSUES OF LAW AND FACT AND WOULD RESULT IN DELAY AND EXPENSE TO THE PARTIES. ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE LENDERS, THE AGENT AND THE BORROWER HEREBY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING OF ANY KIND OR NATURE IN ANY COURT OR TRIBUNAL IN WHICH AN ACTION MAY BE COMMENCED BY OR AGAINST ANY PARTY HERETO ARISING OUT OF THIS AGREEMENT, THE NOTES, OR ANY OTHER LOAN DOCUMENT OR BY REASON OF ANY OTHER SUIT, CAUSE OF ACTION OR DISPUTE WHATSOEVER BETWEEN OR AMONG THE BORROWER, THE AGENT OR ANY OF THE LENDERS OF ANY KIND OR NATURE.
Litigation; Jurisdiction; Other Matters; Waivers. 85 Section 12.5. Successors and Assigns. 86 Section 12.6. Amendments. 88 Section 12.7. Nonliability of Agent and Lenders. 90 Section 12.8. Confidentiality. 91 Section 12.9. Indemnification. 91 Section 12.10. Termination; Survival. 93 Section 12.11. Severability of Provisions. 94 Section 12.12. GOVERNING LAW. 94 Section 12.13. Patriot Act. 94 Section 12.14. Counterparts. 94 Section 12.15. Obligations with Respect to Borrowers. 94 Section 12.16. Limitation of Liability. 94 Section 12.17. Entire Agreement. 95
Litigation; Jurisdiction; Other Matters; Waivers. 100 Section 12.6. Successors and Assigns. 101 Section 12.7. Amendments and Waivers. 105 Section 12.8. Nonliability of Administrative Agent and Lenders. 107 Section 12.9. Confidentiality. 107 Section 12.10. Indemnification. 108 Section 12.11. Termination; Survival. 110 Section 12.12. Severability of Provisions. 111 Section 12.13. GOVERNING LAW. 111 Section 12.14. Counterparts. 111 Section 12.15. Obligations with Respect to Loan Parties. 111 Section 12.16. Independence of Covenants. 111 Section 12.17. Limitation of Liability. 111 Section 12.18. Entire Agreement. 112 Section 12.19. Construction. 112 Section 12.20. Headings. 112 Section 12.21. Effect of Amendment and Restatement; Reallocations. 112 SCHEDULE I Commitments SCHEDULE 1.1(A) Existing Letters of Credit SCHEDULE 1.1.(B) List of Loan Parties SCHEDULE 6.1.(b) Ownership Structure SCHEDULE 6.1.(f) Properties; Liens SCHEDULE 6.1.(g) Indebtedness and Guaranties SCHEDULE 6.1.(h) Litigation EXHIBIT A Form of Assignment and Assumption Agreement EXHIBIT B Form of Bid Rate Note EXHIBIT C Form of Designation Agreement EXHIBIT D Form of Guaranty EXHIBIT E Form of Notice of Borrowing EXHIBIT F Form of Notice of Continuation EXHIBIT G Form of Notice of Conversion EXHIBIT H Form of Notice of Swingline Borrowing EXHIBIT I Form of Revolving Note EXHIBIT J Form of Swingline Note EXHIBIT K Form of Revolving Note EXHIBIT L Form of Bid Rate Quote Request EXHIBIT M Form of Bid Rate Quote EXHIBIT N Form of Bid Rate Quote Acceptance EXHIBIT O Form of Opinion of Counsel EXHIBIT P Form of Compliance Certificate THIS THIRD AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) dated as of September 7, 2011 by and among REGENCY CENTERS, L.P., a limited partnership formed under the laws of the State of Delaware (the “Borrower”), REGENCY CENTERS CORPORATION, a corporation formed under the laws of the State of Florida (the “Parent”), each of the financial institutions initially a signatory hereto together with their successors and assignees under Section 12.6. (the “Lenders”), each of XXXXX FARGO SECURITIES, LLC and PNC CAPITAL MARKETS LLC, as Joint Lead Arrangers (the “Joint Lead Arranger”) and as Joint Book Managers (the “Joint Book Managers”), XXXXX FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent (the “Administrative Agent”), PNC BANK, National Association as Syndication Agent (the “Syndication Agent”) each of Bank of America, N.A., JPMorgan Chase Bank, N.A., and SunTrust Bank, as a Documentation Agent (each a “Docum...
Litigation; Jurisdiction; Other Matters; Waivers. Section 13.5 of the Loan Agreement is hereby incorporated by reference as if fully set forth in this Agreement, and each reference in any such Section of the Loan Agreement to the “Agreement”, “herein”, “hereunder” and like terms shall be deemed to refer to this Agreement.