Common use of Class Proceedings and Consolidations Clause in Contracts

Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate disputes by or against others in any arbitration, except parties who have executed any Loan Document, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.

Appears in 203 contracts

Sources: Credit Agreement (Rocky Mountain Chocolate Factory, Inc.), Fifth Amendment to Credit Agreement (Vita Coco Company, Inc.), Credit Agreement (Rocky Mountain Chocolate Factory, Inc.)

Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate disputes by or against others in any arbitration, except parties who have executed this Agreement or any Loan Documentother contract, instrument or document relating to any Indebtedness, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.

Appears in 37 contracts

Sources: Credit and Security Agreement, Subordination Agreement, Third Party Pledge Agreement (Tilly's, Inc.)

Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate disputes by or against others in any arbitration, except parties who have executed any Loan Documentto this Agreement, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.

Appears in 11 contracts

Sources: Paycheck Protection Program Promissory Note and Agreement (Tropical Racing Inc), Paycheck Protection Program Promissory Note and Agreement (Kona Gold Beverage, Inc.), Paycheck Protection Program Promissory Note and Agreement (Kona Gold Beverage, Inc.)

Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate disputes by or against others in any arbitration, except parties who have executed any Loan Document, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.

Appears in 6 contracts

Sources: Installment Purchase Agreement, Installment Purchase Agreement, Installment Purchase Agreement

Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate disputes by or against others in any arbitration, except parties who have executed any of the Loan DocumentDocuments, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.

Appears in 6 contracts

Sources: Master Credit Agreement (Group 1 Automotive Inc), Master Loan Agreement (Asbury Automotive Group Inc), Unconditional Guaranty (Asbury Automotive Group Inc)

Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate disputes by or against others in any arbitration, except parties who have executed any Loan Bond Document, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.

Appears in 4 contracts

Sources: Continuing Covenant Agreement, Continuing Covenant Agreement, Continuing Covenant Agreement

Class Proceedings and Consolidations. No party hereto shall be entitled to may join or consolidate disputes by or against others any other person or entity in any arbitrationarbitration proceeding initiated under this Agreement, except parties who have executed any Loan Documentfor Subsidiary Guarantors, or to include in any arbitration hereunder any dispute as a representative or member of a class, or to act in any arbitration hereunder in the interest of the general public or in a private attorney general capacity.

Appears in 4 contracts

Sources: Credit Agreement (Intermec, Inc.), Continuing Guaranty (Intermec, Inc.), Continuing Guaranty (Intermec, Inc.)

Class Proceedings and Consolidations. No Neither party hereto shall be entitled to join or consolidate disputes by or against others in any arbitration, except parties who have executed any Loan Document, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.

Appears in 3 contracts

Sources: Credit Agreement (Pc Connection Inc), Credit Agreement (Presidio, Inc.), Credit Agreement (Maxwell Technologies Inc)

Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate disputes by or against others non-parties in any arbitration, except parties who have executed any Loan Document, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity. As used herein, "non-parties" shall mean all persons and entities except Lender and the party(ies) executing this agreement or any related Document.

Appears in 3 contracts

Sources: Deed of Trust (Rocky Mountain Chocolate Factory, Inc.), Commercial Security Agreement (Rocky Mountain Chocolate Factory Inc), Business Loan Agreement (Rocky Mountain Chocolate Factory Inc)

Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate disputes by or against others who are not parties to this agreement in any arbitration, except parties who have executed any Loan Document, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.

Appears in 3 contracts

Sources: Business Loan Agreement (Rocky Mountain Chocolate Factory Inc), Commercial Security Agreement (Rocky Mountain Chocolate Factory Inc), Commercial Security Agreement (Rocky Mountain Chocolate Factory Inc)

Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate disputes by or against others in any arbitration, except parties who have executed to this agreement, or any Loan Documentcontract, instrument or document relating to this agreement, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.

Appears in 3 contracts

Sources: Business Loan Agreement, Business Loan Agreement (Rocky Mountain Chocolate Factory Inc), Business Loan Agreement (Rocky Mountain Chocolate Factory Inc)

Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate disputes by or against others in any arbitration, except parties who have executed this Agreement or any Loan Documentother contract, instrument or document relating to any Obligations, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.

Appears in 2 contracts

Sources: Senior Subordinated Note Purchase and Security Agreement (Physicians Formula Holdings, Inc.), Guarantor Security Agreement (Physicians Formula Holdings, Inc.)

Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate disputes by or against others in any arbitration, except parties who have executed this Agreement or any Loan Documentother contract, instrument or document relating to any Indebtedness secured hereby, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.

Appears in 2 contracts

Sources: Third Party Security Agreement (Lacrosse Footwear Inc), Third Party Security Agreement (Lacrosse Footwear Inc)

Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate disputes by or against others in any arbitration, except parties who have executed any Loan Documentthe Agreement, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.

Appears in 2 contracts

Sources: Commercial Card Agreement, Commercial Card Agreement

Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate disputes by or against others in any arbitration, except parties who have executed this document or any Loan other Credit Document, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.

Appears in 2 contracts

Sources: Loan and Security Agreement (Aaron's Inc), Loan and Security Agreement (1st FRANKLIN FINANCIAL CORP)

Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate disputes by or against others in any arbitration, except parties who have executed any Loan Related Document, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.

Appears in 2 contracts

Sources: Continuing Covenant Agreement (New Jersey Resources Corp), Continuing Covenant Agreement

Class Proceedings and Consolidations. No party hereto shall be entitled to may join or consolidate disputes by or against others any other Person in any arbitrationarbitration proceeding initiated under this Agreement, except parties who have executed any Loan Documentfor Subsidiary Guarantors, or to include in any arbitration hereunder any dispute as a representative or member of a class, or to act in any arbitration hereunder in the interest of the general public or in a private attorney general capacity.

Appears in 1 contract

Sources: Credit Agreement (Intermec, Inc.)

Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate disputes by or against others who are not parties to this agreement or related Documents in any arbitration, except parties who have executed any Loan Document, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.

Appears in 1 contract

Sources: Credit Agreement (Astec Industries Inc)

Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate disputes by or against others in any arbitration, except parties who have executed any Loan DocumentDocument or executed any other agreement in favor of Bank, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.

Appears in 1 contract

Sources: Credit Agreement (Proto Labs Inc)

Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate disputes by or against others in any arbitration, except parties who have executed any Loan Document, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.. {Z0022852/25 } 28

Appears in 1 contract

Sources: Credit Agreement (Skullcandy, Inc.)

Class Proceedings and Consolidations. No party hereto to this Agreement shall be entitled to join or consolidate disputes by or against others in any arbitration, except parties who have executed any Loan Document, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.

Appears in 1 contract

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

Class Proceedings and Consolidations. No party hereto to this Agreement shall be entitled to join or consolidate disputes by or against others in any arbitration, except parties who have executed any Loan Operative Document, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.

Appears in 1 contract

Sources: Senior Subordinated Note Purchase and Security Agreement (Physicians Formula Holdings, Inc.)

Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate disputes by or against others in any arbitration, except parties who have executed any Loan Credit Document, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.

Appears in 1 contract

Sources: Credit Agreement (Aly Energy Services, Inc.)

Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate disputes by or against others in any arbitration, except parties who have executed any Loan Document, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity. The resolution of any dispute arising pursuant to the terms of this Agreement shall be determined by a separate arbitration proceeding and such dispute shall not be consolidated with other disputes or included in any class proceeding.

Appears in 1 contract

Sources: Credit Agreement (Lindsay Corp)

Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate disputes by or against others in any arbitration, except parties who have executed this Note or any Loan Documentcontract, instrument or document relating to this Note, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.

Appears in 1 contract

Sources: Financing and Security Agreement (Gp Strategies Corp)

Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate disputes by or against others non-parties in any arbitration, except parties who have executed any Loan Document, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity. As used herein, “non-parties” shall mean all persons and entities except Lender and the party(ies) executing this agreement or any related Document.

Appears in 1 contract

Sources: Agreement for Discounted Payoff (Sb Partners)

Class Proceedings and Consolidations. No Each party hereto shall be entitled hereby waives any rights it has to join or consolidate disputes by or against others in any arbitration, except parties who have executed any Loan Document, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity.

Appears in 1 contract

Sources: Credit Agreement (Thoratec Corp)

Class Proceedings and Consolidations. No party hereto shall be entitled to join or consolidate disputes by or against others in any arbitration, except parties who have executed any Loan Document, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or or, in a private attorney general capacity.

Appears in 1 contract

Sources: Credit Agreement (S&W Seed Co)