Common use of Waiver of Litigation Payments Clause in Contracts

Waiver of Litigation Payments. In the event that any action or lawsuit is initiated by or on behalf of any of the Lenders, Holders, Agent, Collateral Agent or their successors, transferees or assignees (such entity being referred to in this Section 5.1 as "PLAINTIFF") in Australia or elsewhere against Borrower or TOGA, each of Borrower and TOGA irrevocably waives its right to have, and agrees not to request, plead or claim that, Plaintiff post, pay or offer any "cautio judicatum solve" bond or "excepcion de arraigo" due to its status as a foreign entity, and each of Borrower and TOGA further waives any objection that it may now or hereafter have to a Plaintiff's claim that such Plaintiff should be exempt or immune from posting, paying, making or offering any such "cautio judicatum solvi" bond or "excepcion de arraigo" due to its status as a foreign entity.

Waiver of Litigation Payments. In the event that any action or lawsuit is initiated by or on behalf of any of the Lenders, Holders, Agent, Collateral Agent or their successors, transferees or assignees (such entity being referred to in this Section 5.1 as "PLAINTIFFPlaintiff") in Australia or elsewhere against Borrower or TOGA, each of Borrower and TOGA irrevocably waives its right to have, and agrees not to request, plead or claim that, Plaintiff post, pay or offer any "cautio judicatum solve" bond or "excepcion de arraigo" due to its status as a foreign entity, and each of Borrower and TOGA further waives any objection that it may now or hereafter have to a Plaintiff's claim that such Plaintiff should be exempt or immune from posting, paying, making or offering any such "cautio judicatum solvi" bond or "excepcion de arraigo" due to its status as a foreign entity.

Waiver of Litigation Payments. In the event that any action or lawsuit is initiated by or on behalf of any of the Lenders, Holders, Agent, Collateral Agent or their successors, transferees or assignees (such entity being referred to in this Section 5.1 as "PLAINTIFF"“Plaintiff”) in Australia or elsewhere against Borrower Borrower, TOGC or TOGA, each of Borrower Borrower, TOGC and TOGA irrevocably waives its right to have, and agrees not to request, plead or claim that, Plaintiff post, pay or offer any "“cautio judicatum solve" ” bond or "“excepcion de arraigo" ” due to its status as a foreign entity, and each of Borrower Borrower, TOGC and TOGA further waives any objection that it may now or hereafter have to a Plaintiff's ’s claim that such Plaintiff should be exempt or immune from posting, paying, making or offering any such "“cautio judicatum solvi" ” bond or "“excepcion de arraigo" ” due to its status as a foreign entityentity .”