CONSOLIDATION AND JOINDER Sample Clauses

CONSOLIDATION AND JOINDER. The City and the Engineer consent to the joinder in arbitration of any party necessary for the complete resolution of all disputes arising out of the performance of contracts pertaining to the Work of the Project, including but not limited to the Engineer and its subcontractors and subconsultants and the Contractor and its subcontractors and suppliers. The City and the Engineer also consent to the consolidation of any arbitration under this Agreement with any other arbitration involving the performance of contracts pertaining to the Work of the Project.
Sample 1Sample 2See All (5)
AutoNDA by SimpleDocs
CONSOLIDATION AND JOINDER. Any arbitration arising out of or relating to this Agreement or breach thereof may include by consolidation, joinder or other manner any other person or persons which or whom a Party to the arbitration reasonably believes to be substantially involved in a common question of fact or law.
Sample 1Sample 2See All (5)
CONSOLIDATION AND JOINDER. The City and the Landscape Architect consent to the joinder in arbitration of any party necessary for the complete resolution of all disputes arising out of the performance of contracts pertaining to the Work of the Project, including but not limited to the Landscape Architect and its subcontractors and subconsultants and the Contractor and its subcontractors and suppliers. The City and the Landscape Architect also consent to the consolidation of any arbitration under this Agreement with any other arbitration involving the performance of contracts pertaining to the Work of the Project.
Sample 1Sample 2
CONSOLIDATION AND JOINDER. (a) The Parties hereby agree to the consolidation of disputes or arbitral proceedings (the "Consolidation") and/or the joinder of parties to a dispute or arbitral proceedings (the "Joinder") in accordance with the provisions of this Clause 21.3. The Parties hereby waive any right to object to the validity and/or enforceability of any arbitral awards rendered by a Tribunal or an arbitral tribunal appointed pursuant to a related agreement ((a "Related Agreement Tribunal") for the reason of Consolidation or Joinder in accordance with this Clause 21.3. Any party to this Agreement or to a related agreement may apply to a Tribunal for an order that a dispute is related (the "Related Dispute") to a dispute already referred (the "Existing Dispute") to that Tribunal such that, if each were separately arbitrated, some common question of law or fact would arise in each. In addition, any party to this Agreement may apply to a Related Agreement Tribunal for an order that a Related Dispute is related to an Existing Dispute already referred to that Related Agreement Tribunal such that, if each were separately arbitrated, some common question of law or fact would arise in each. Finally, the Parties to this Agreement specifically agree and acknowledge that a party to a Related Agreement may apply to a Related Agreement Tribunal for an order that a Related Dispute arising out of or in connection with this Agreement is related to an Existing Dispute already referred to that Related Agreement Tribunal such that, if each were separately arbitrated, some common question of law or fact would arise in each. Any application made pursuant to this paragraph (b) must be made as soon as practicable with notice to all parties to the Existing Dispute and all parties to the Related Dispute. On hearing such an application, a Tribunal may, if it considers it just, make an order that the Existing Dispute and Related Dispute be resolved in the same arbitration proceedings (a "Consolidation Order"). In deciding whether to make a Consolidation Order, a Tribunal shall take account of: the effect which Consolidation and/or Joinder may have on any obligations to be performed under this Agreement or the Related Agreement(s); the likelihood and consequences of inconsistent decisions if Consolidation and/or Joinder is not ordered; any fault on the part of the party seeking Consolidation and/or Joinder to make its application on a timely basis; and the likely cost and time consequences of Consolidati...
Sample 1
CONSOLIDATION AND JOINDER. (i) The parties to this Agreement, as well as the parties to each other Transaction Document that contains a section or clause substantially similar to this Section 9.13 (collectively, the “Related Contracts”) are bound by this arbitration agreement, each to each other, provided that they have signed this Agreement, any of the Related Contracts, or any other contract that incorporates this clause or a substantially similar clause by reference (such clause, whether in this Agreement or in any Related Contract or whether incorporated by reference, the “Arbitration Agreement”).
Sample 1
CONSOLIDATION AND JOINDER. Each party to this Agreement agrees, on behalf of itself and as agent for its respective affiliates, that any dispute(s) arising out of or in connection with this Agreement may be determined together, by way of joinder and/or consolidation and/or claims under multiple contracts being heard together in a single arbitration and/or through concurrent proceedings, in accordance with the Rules. Where joinder or consolidation occurs, all parties to the arbitration(s) shall be deemed to have waived their right to designate an arbitrator. Each party to this Agreement agrees, on behalf of itself and as agent for its respective affiliates waives any objection, on the basis of joinder, consolidation, multiple claims under multiple contracts being heard together in a single arbitration or in concurrent proceedings, or any early determination procedure, to the validity and/or enforcement of any award made by the arbitral tribunal in the arbitration or consolidated proceedings, in so far as such waiver can validly be made.
Sample 1
CONSOLIDATION AND JOINDER. 15.1 The Parties agree that: (i) the Agreement; (ii) the Contingent Payment Agreement; (iii) the ROFR Agreement [REDACTED – Excluded Asset Specific Information]; (iv) the Technical Services Agreement or the principles thereof provided for in the Agreement if the Technical Services Agreement is not signed by Closing; (v) the Transition Services Agreement or the principles thereof provided for in the Agreement if the Transition Services Agreement is not signed by Closing; (vi) the Seismic License Agreement; and (vii) the Non-Compete Agreement (the “Related Agreements”) are substantially related and that it is in the interests of justice and efficiency that Disputes under the Agreement and the Related Agreements be resolved by a single arbitral tribunal whenever possible to avoid diverse findings on the same facts or law. To this end, the Parties agree that, subject to the provisions of Subsections 15.2 and 15.3 of this Arbitration Procedure, an arbitral tribunal appointed under the Agreement or a Related Agreement may exercise jurisdiction over Disputes and Parties under both the Agreement and one or more other Related Agreement.
Sample 1
AutoNDA by SimpleDocs
CONSOLIDATION AND JOINDER. 15.1 The Parties agree that: (i) the Purchase and Sale Agreement; (ii) the Contingent Payment Agreement; (iii) the ROFR Agreement [REDACTED – Excluded Asset Specific Information]; (iv) the Technical Services Agreement or principles thereof provided for in the Purchase and Sale Agreement if the Technical Services Agreement is not signed by Closing; (v) the Transition Services Agreement or the principles thereof provided for in the Purchase and Sale Agreement if the Transition Services Agreement is not signed by Closing; (vi) the Seismic License Agreement; and (vii) the Non-Compete Agreement (the “Related Agreements”) are substantially related and that it is in the interests of justice and efficiency that Disputes under the Agreement and the Related Agreements be resolved by a single arbitral tribunal whenever possible to avoid diverse findings on the same facts or law. To this end, the Parties agree that, subject to the provisions of Subsections 15.2 and 15.3 of this Arbitration Procedure, an arbitral tribunal appointed under the Agreement or a Related Agreement may exercise jurisdiction over Disputes and Parties under both the Agreement and one or more other Related Agreement.
Sample 1
CONSOLIDATION AND JOINDER. 15.1 The Parties agree that: (i) the Agreement; and (ii) the Contingent Payment Agreement, ROFR Agreement [REDACTED – Excluded Asset Specific Information], Technical Services Agreement, Transition Services Agreement, [Seismic License Agreement] and Non-Compete Agreement (the “Related Agreements”) are substantially related and that it is in the interests of justice and efficiency that Disputes under the Agreement and the Related Agreements be resolved by a single arbitral tribunal whenever possible to avoid diverse findings on the same facts or law. To this end, the Parties agree that, subject to the provisions of Subsections 15.2 and 15.3 of this Arbitration Procedure, an arbitral tribunal appointed under the Agreement or a Related Agreement may exercise jurisdiction over Disputes and Parties under both the Agreement and one or more other Related Agreement.
Sample 1

Related to CONSOLIDATION AND JOINDER

  • Merger and Consolidation Conversion 27 (a) Merger and Consolidation 27 (b) Conversion. 28 Section 4. Reorganization. 29 Section 5. Amendments. 29 Section 6. Filing of Copies, References, Headings. 29

  • Reclassification, Reorganization and Consolidation In case of any reclassification, capital reorganization, or change in the capital stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 7(a) above), then the Company shall make appropriate provision so that the holder of this Warrant shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares as were purchasable by the holder of this Warrant immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant so that the provisions hereof, including Sections 7(a), shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.

  • Merger, Conversion, Consolidation or Succession to Business of Trustee Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided that such corporation shall be eligible under the provisions of Section 5.08, without the execution or filing of any paper or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding. In case at the time such successor to the Trustee shall succeed to the trusts created by this Indenture any of the Securities of any series shall have been authenticated but not delivered, any such successor to the Trustee may adopt the certificate of authentication of any predecessor Trustee and deliver such Securities so authenticated; and, in case at that time any of the Securities of any series shall not have been authenticated, any successor to the Trustee may authenticate such Securities either in the name of any predecessor hereunder or in the name of the successor Trustee; and in all such cases such certificate shall have the full force which it is anywhere in the Securities of such series or in this Indenture provided that the certificate of the Trustee shall have; provided, that the right to adopt the certificate of authentication of any predecessor Trustee or to authenticate Securities of any series in the name of any predecessor Trustee shall apply only to its successor or successors by merger, conversion or consolidation.

  • Merger and Consolidation The Company will not consolidate with or merge with or into, or convey, transfer or lease all or substantially all its assets to, any Person, unless:

  • Consolidation; Merger The Company shall not, at any time after the date hereof, effect any merger or consolidation of the Company with or into, or a transfer of all or substantially all the assets of the Company to another entity (a "Consolidation Event") unless the resulting successor or acquiring entity (if not the Company) assumes by written instrument the obligation to deliver to the Investor such shares of stock and/or securities as the Investor is entitled to receive pursuant to this Agreement.

  • Consolidation and Merger The Borrower will not (a) enter into any transaction of merger or (b) consolidate, liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution); provided that, so long as no Default or Event of Default shall exist or be caused thereby, a Person may be merged or consolidated with or into the Borrower so long as the Borrower shall be the continuing or surviving Person.

  • Merger, Consolidation or Succession Any Person (a) into which the Asset Representations Reviewer is merged or consolidated, (b) resulting from any merger or consolidation to which the Asset Representations Reviewer is a party or (c) succeeding to the business of the Asset Representations Reviewer, if that Person meets the eligibility requirements in Section 5.1, will be the successor to the Asset Representations Reviewer under this Agreement. Such Person will execute and deliver to the Issuer and the Servicer an agreement to assume the Asset Representations Reviewer’s obligations under this Agreement (unless the assumption happens by operation of law).

  • Merger, Conversion, Consolidation or Succession to Business Any corporation into which the Trustee may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Trustee shall be a party, or any corporation succeeding to all or substantially all the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case any Securities shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger, conversion or consolidation to such authenticating Trustee may adopt such authentication and deliver the Securities so authenticated with the same effect as if such successor Trustee had itself authenticated such Securities.

  • Merger, Consolidation or Sale The Company and each of the Guarantors may consolidate with, or sell, lease or convey all or substantially all of the Company’s or its assets to, or merge with or into, any other entity, provided that the following conditions are met:

Time is Money Join Law Insider Premium to draft better contracts faster.