Common use of No Waiver of Provisional Remedies Clause in Contracts

No Waiver of Provisional Remedies. Self-Help and Foreclosure. The arbitration requirement does not limit the right of any party to (i) foreclose against real or personal property collateral; (ii) exercise self-help remedies relating to collateral or proceeds of collateral such as setoff or repossession; or (iii) obtain provisional or ancillary remedies such as replevin, injunctive relief, attachment or the appointment of a receiver, before during or after the pendency of any arbitration proceeding. This exclusion does not constitute a waiver of the right or obligation of any party to submit any dispute to arbitration or reference hereunder, including those arising from the exercise of the actions detailed in sections (i), (ii) and (iii) of this paragraph.

Appears in 5 contracts

Samples: Loan and Security Agreement (Active Network Inc), Credit Agreement (Cancer Genetics, Inc), Credit Agreement (Us Ecology, Inc.)

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No Waiver of Provisional Remedies. Self-Help and Foreclosure. The arbitration requirement does not limit the right of any party Party to (i) foreclose against real or personal property collateral; (ii) exercise self-help remedies relating to collateral or proceeds of collateral such as setoff or repossession; or (iii) obtain provisional or ancillary remedies such as replevin, injunctive relief, attachment or the appointment of a receiver, before during or after the pendency of any arbitration proceeding. This exclusion does not constitute a waiver of the right or obligation of any party Party to submit any dispute to arbitration or reference hereunder, including those arising from the exercise of the actions detailed in sections (i), (ii) and (iii) of this paragraph.

Appears in 2 contracts

Samples: Repayment Guaranty (AAC Holdings, Inc.), Repayment Guaranty (AAC Holdings, Inc.)

No Waiver of Provisional Remedies. Self-Help Xxxx and Foreclosure. The arbitration requirement does not limit the right of any party to (ia) foreclose against real or personal property collateral; (iib) exercise self-help remedies relating to collateral or proceeds of collateral such as setoff or repossession; or (iiic) obtain provisional or ancillary remedies such as replevin, injunctive relief, attachment or the appointment of a receiver, before during or after the pendency of any arbitration proceeding. This exclusion does not constitute a waiver of the right or obligation of any party to submit any dispute to arbitration or reference hereunder, including those arising from the exercise of the actions detailed in sections (ia), (iib) and (iiic) of this paragraph.

Appears in 1 contract

Samples: Ddi Corp

No Waiver of Provisional Remedies. Self-Help and Foreclosure. The arbitration requirement does not limit the right of any party to (ia) foreclose against real or personal property collateral; (iib) exercise self-help remedies relating to collateral or proceeds of collateral such as setoff or repossession; or (iiic) obtain provisional or ancillary remedies such as replevin, injunctive relief, attachment or the appointment of a receiver, before during or after the pendency of any arbitration proceeding. This exclusion does not constitute a waiver of the right or obligation of any party to submit any dispute to arbitration or reference hereunderunder this Agreement, including without limitation those arising from the exercise of the actions detailed in sections clauses (ia), (iib) and (iiic) of this paragraphSection 8.3.

Appears in 1 contract

Samples: Credit and Security Agreement (Physicians Formula Holdings, Inc.)

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No Waiver of Provisional Remedies. Self-Help and Foreclosure. The arbitration requirement does not limit the right of any party to (ia) foreclose against against,; real or personal property collateral; (iib) exercise self-help remedies relating to collateral or proceeds of collateral such as setoff or repossession; or (iiic) obtain provisional or ancillary remedies such as replevin, injunctive relief, attachment or the appointment of a receiver, before during or after the pendency of any arbitration proceeding. This exclusion does not constitute a waiver of the right or obligation of any party to submit any dispute to arbitration or reference hereunder, including those arising from the exercise of the actions detailed in sections (ia), (iib) and (iiic) of this paragraph.

Appears in 1 contract

Samples: Loan Agreement (Invivo Corp)

No Waiver of Provisional Remedies. Self-Help and Foreclosure. The arbitration requirement does not limit the right of any party to (ia) foreclose against real or personal property collateral; (iib) exercise self-help remedies relating to collateral or proceeds of collateral such as setoff or repossession; or (iiic) obtain provisional or ancillary remedies such as replevin, injunctive relief, attachment or the appointment of a receiver, before during or after the pendency of any arbitration proceeding. This exclusion does not constitute a waiver of the right or obligation of any party to submit any dispute to arbitration or reference hereunder, including those arising from the exercise of the actions detailed in sections paragraphs (ia), (iib) and (iiic) of this paragraphSection 8.3.

Appears in 1 contract

Samples: Credit and Security Agreement (Capstone Turbine Corp)

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