Common use of Cooperation in Discovery and Litigation Clause in Contracts

Cooperation in Discovery and Litigation. In any --------------------------------------- litigation, trial, arbitration or other dispute resolution proceeding relating to this Agreement or any of the other Loan Documents, all directors, officers, employees and agents of Borrower or of its Affiliates shall be deemed to be employees or managing agents of Borrower for purposes of all applicable law or court rules regarding the production of witnesses by notice for testimony (whether in a deposition, at trial or otherwise). Borrower agrees that Lender's counsel in any such dispute resolution proceeding may examine any of these individuals as if under cross-examination and that any discovery deposition of any of them may be used in that proceeding as if it were an evidence deposition. Borrower in any event will use all commercially reasonable efforts to produce in any such dispute resolution proceeding, at the time and in the manner requested by Lender, all Persons, documents (whether in tangible, electronic or other form) or other things under its control and relating to the dispute in any jurisdiction that recognizes that (or any similar) distinction.

Cooperation in Discovery and Litigation. In any --------------------------------------- litigation, trial, arbitration or other dispute resolution proceeding relating to this Agreement any Purchase Document, each Loan Party waives any and all defenses, objections and counterclaims it may have or could interpose with respect to (i) any of the other Loan Documents, all its and its affiliates’ directors, officers, employees and or agents of Borrower or of its Affiliates shall be being deemed to be employees or managing agents of Borrower the Loan Parties for purposes of all applicable law or court rules regarding the production of witnesses by notice for testimony (whether in a deposition, at trial or otherwise). Borrower agrees that Lender's , (ii) the Agent’s or any Purchaser’s counsel in examining any such dispute resolution proceeding may examine any of these individuals as if under cross-examination and that using any discovery deposition of any of them may be used in that proceeding as if it were an evidence deposition. Borrower in any event will use , and/or (iii) using all commercially reasonable efforts to produce in any such dispute resolution proceeding, at the time and in the manner requested by Lenderthe Agent or any Purchaser, all Persons, documents (whether in tangible, electronic or other form) or and/or other things under its control and relating to the dispute in any jurisdiction that recognizes that (or any similar) distinctiondispute.

Cooperation in Discovery and Litigation. In any --------------------------------------- litigation, trial, arbitration or other dispute resolution proceeding relating to this Agreement any Debenture Document, each Obligor waives any and all defenses, objections and counterclaims it may have or could interpose with respect to (i) any of the other Loan Documents, all its directors, officers, employees and or agents of Borrower or of its Affiliates shall be being deemed to be employees or managing agents of Borrower such Obligor for purposes of all applicable law or court rules regarding the production of witnesses by notice for testimony (whether in a deposition, at trial or otherwise). Borrower agrees that Lender's , (ii) Debenture Holder’s counsel in examining any such dispute resolution proceeding may examine any of these individuals as if under cross-examination and that using any discovery deposition of any of them may be used in that proceeding as if it were an evidence deposition. Borrower in any event will use , and/or (iii) using all commercially reasonable efforts to produce in any such dispute resolution proceeding, at the time and in the manner requested by LenderDebenture Holder, all Persons, documents (whether in tangible, electronic or other form) or and/or other things under its control and relating to the dispute in any jurisdiction that recognizes that (or any similar) distinctiondispute.

Cooperation in Discovery and Litigation. In any --------------------------------------- litigation, trial, --------------------------------------- arbitration or other dispute resolution proceeding relating to this Agreement any Purchase Document, each Loan Party waives any and all defenses, objections and counterclaims it may have or could interpose with respect to (i) any of the other Loan Documents, all its and its affiliates' directors, officers, employees and or agents of Borrower or of its Affiliates shall be being deemed to be employees or managing agents of Borrower the Loan Parties for purposes of all applicable law or court rules regarding the production of witnesses by notice for testimony (whether in a deposition, at trial or otherwise). Borrower agrees that Lender, (ii) the Agent's or any Purchaser's counsel in examining any such dispute resolution proceeding may examine any of these individuals as if under cross-examination and that using any discovery deposition of any of them may be used in that proceeding as if it were an evidence deposition. Borrower in any event will use , and/or (iii) using all commercially reasonable efforts to produce in any such dispute resolution proceeding, at the time and in the manner requested by Lenderthe Agent or any Purchaser, all Persons, documents (whether in tangible, electronic or other form) or and/or other things under its control and relating to the dispute in any jurisdiction that recognizes that (or any similar) distinctiondispute.

Cooperation in Discovery and Litigation. In any --------------------------------------- litigation, trial, arbitration or other dispute resolution proceeding relating to this Agreement any Loan Document, Borrower waives any and all defenses, objections and counterclaims it may have or could interpose with respect to (a) any of the other Loan Documents, all its directors, officers, employees and or agents of Borrower or of its Affiliates shall be being deemed to be employees or managing agents of Borrower for purposes of all applicable law or court rules regarding the production of witnesses by notice for testimony (whether in a deposition, at trial or otherwise). Borrower agrees that , (b) Agent's or any Lender's counsel in examining any such dispute resolution proceeding may examine any of these individuals as if under cross-examination and that using any discovery deposition of any of them may be used in that proceeding as if it were an evidence deposition. Borrower in any event will use , and/or (c) using all commercially reasonable efforts to produce in any such dispute resolution proceeding, at the time and in the manner requested by LenderAgent, all Persons, documents (whether in tangible, electronic or other form) or and/or other things under its control and relating to the dispute in any jurisdiction that recognizes that (or any similar) distinctiondispute.