Concurrent Proceedings Clause Samples
The Concurrent Proceedings clause addresses situations where multiple legal or administrative actions related to the same subject matter may occur simultaneously. It typically outlines how parties should handle overlapping lawsuits, arbitrations, or regulatory investigations, specifying whether such proceedings can continue in parallel or if one must be paused pending the outcome of another. This clause helps prevent conflicting decisions, reduces the risk of duplicative litigation, and ensures an orderly resolution process.
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Concurrent Proceedings. The provisions whereby the taking of proceedings in one or more jurisdictions shall not preclude the taking of proceedings in any other jurisdiction, whether concurrently or not, might not be entirely enforceable in a Luxembourg court. If proceedings were previously commenced between the same parties and on the same grounds as the proceedings in Luxembourg, a plea of pendency might be raised in the Luxembourg court and proceedings either stayed pending the termination of the proceedings abroad or dismissed, as the case may be.
Concurrent Proceedings. Notwithstanding any provision hereof, it is hereby expressly agreed that upon the occurrence of an Enforcement Event or a Winding Up Proceeding under clause 13.1 herein, the Trustee, the Lead Arranger, the Lead Manager and the Facility Agent shall thereafter have the right to exercise all or any of the remedies available whether by this Deed or the other Transaction Documents or by statute or otherwise and shall be entitled to exercise such remedies concurrently to recover all monies due and owing to the Trustee, the Lead Arranger, the Lead Manager, the Facility Agent and the Subordinated Debtholders.
Concurrent Proceedings. 11.1 You are free to require Us to make payment to You of any moneys owing to You by the Customer without having taken any proceedings to enforce such payment by the Customer. You are also free, but have no obligation:-
11.1.1 to resort to any other means of payment for Your own benefit and in any order as You think fit without Our liability to You under this Guarantee being reduced in any way; and
11.1.2 to enforce this Guarantee against Us for the payment of whatever moneys are still owing to You by the Customer at any time whether or not You have resorted to other means of payment.
Concurrent Proceedings. Proceedings may be stayed in Mauritius if concurrent proceedings in respect of the same matter are or have been commenced in another jurisdiction. Notwithstanding any provision in the Documents that all disputes arising under or in connection with the Documents should be brought before the competent court in the jurisdiction specified in the Documents, the Mauritius courts have discretion to refuse to stay proceedings in Mauritius if it is satisfied that it is just and equitable to do so and may grant leave to serve Mauritius proceedings outside of Mauritius.
Concurrent Proceedings. Notwithstanding any provision hereof, it is hereby expressly agreed that upon the occurrence of an Event of Default, the Lender shall have vested in it the right to exercise all or any of the remedies available whether by this Agreement or by statute or otherwise and upon the declaration of an Event of Default, the Lender shall be entitled to exercise such remedies concurrently to recover all monies due and owing to the Lender.
Concurrent Proceedings. Notwithstanding any provision hereof, it is hereby expressly agreed that upon default or breach by the Issuer of any term, covenant, stipulation and/ or undertaking herein provided and on the part of the Issuer to be observed and performed, the Trustee, the Joint Lead Arrangers, the Joint Lead Managers and the Facility Agent shall thereafter have the right to exercise all or any of the remedies available whether by this Deed or the other Transaction Documents or by statute or otherwise and shall be entitled to exercise such remedies concurrently to recover all monies due and owing to the Trustee, the Joint Lead Arrangers, the Joint Lead Managers, the Facility Agent and the Murabahah MTNholders.
Concurrent Proceedings. Notwithstanding any provision hereof, it is expressly agreed that upon default or breach by the Customer or any Security Party of any term, covenant, stipulation and/or undertaking herein provided and/or contained and on the part of the Customer or any Security Party to be observed and performed, the Bank shall thereafter have the right to exercise all or any of the remedies available whether by this Agreement or by statute or otherwise and shall be entitled to exercise such remedies concurrently to recover all monies due and payable to the Bank in any order of priority.
Concurrent Proceedings. Notwithstanding any provision hereof, it is hereby expressly agreed that upon default or breach by the Borrower and/or the Assignor or any Security Party of any term, covenant, stipulation and/or undertaking provided in the Loan Agreement, the Letter of Offer and/or this Assignment and on the part of the Borrower and/or the Assignor or any Security Party to be observed and performed, the Bank shall thereafter have the right to exercise all or any of the remedies available to the Bank whether under this Assignment or the Loan Agreement or any of the Security Documents or by statute or otherwise and shall be entitled to exercise such remedies concurrently, including pursuing all remedies of sale or possession pursuant to the Loan Agreement and/or this Assignment and/or the Security Documents and civil suit to recover all moneys due and owing to the Bank by the Borrower PROVIDED THAT nothing herein contained shall be construed as imposing any obligation (whether at law or in equity) upon the Bank to exhaust its remedy to sell the Property before commencing any separate action or before enforcing any other remedies or exercising any other rights against the Assignor and/or the Borrower and/or any other Security Party AND the Assignor hereby irrevocably and unconditionally agrees and consents to the Bank commencing separate proceedings, enforcing other remedies and exercising any other rights which the Bank may have against the Assignor and/or the Borrower and/or any other Security Party simultaneously or consecutively in any order as the Bank deems fit with or without having exhausted its right to sell or to proceed against the said Property or to realise its security hereunder.
Concurrent Proceedings. Proceedings may be stayed in the Cayman Islands if concurrent proceedings in respect of the same matter are or have been commenced in another jurisdiction. Notwithstanding any provision in the Document that all disputes arising under or in connection with the Document should be brought before the competent court in the jurisdiction specified in the Document, a Cayman Islands court has discretion to refuse to stay proceedings in the Cayman Islands if it is satisfied that it is just and equitable to do so and may grant leave to serve Cayman Islands proceedings outside of the Cayman Islands.
Concurrent Proceedings. Notwithstanding any provisions hereof, it is hereby expressly agreed that upon default or breach by the Customer(s) or any Security Party(ies) of any term, covenant, stipulation and/or undertaking provided and/or contained in the Security Documents and on the part of the Customer(s) or the Security Party(ies) to be observed and performed, the Bank shall thereafter have the right to exercise all or any of the remedies available whether by the Security Documents or by statute or otherwise and shall be entitled to exercise such remedies concurrently to recover all monies due and owing to the Bank in any order of priority.