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ARBITRATION AND NOTICE OF FINAL AGREEMENT

Arbitration or Mediation Agreement

ARBITRATION AND NOTICE OF FINAL AGREEMENT | Document Parties: CRAFTMADE INTERNATIONAL INC | THE FROST NATIONAL BANK,  | Design Trends, LLC You are currently viewing:
This Arbitration or Mediation Agreement involves

CRAFTMADE INTERNATIONAL INC | THE FROST NATIONAL BANK, | Design Trends, LLC

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Title: ARBITRATION AND NOTICE OF FINAL AGREEMENT
Date: 9/20/2005
Industry: Appliance and Tool     Sector: Consumer Cyclical

ARBITRATION AND NOTICE OF FINAL AGREEMENT, Parties: craftmade international inc , the frost national bank   , design trends  llc
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EXHIBIT 10.11

(LOGO)

ARBITRATION AND NOTICE OF FINAL AGREEMENT

 

 

 

To:     

 

Craftmade International, Inc., a Delaware corporation
650 S. Royal Lane
Coppell, Texas 75019
(collectively, whether one or more, “ Borrower ”)

As of the effective date of this Notice, Borrower and THE FROST NATIONAL BANK, a national banking association (“ Lender ”) have consummated a transaction pursuant to which Lender has agreed to renew and extend an existing loan to Borrower, in an aggregate amount up to $23,000,000.00 minus the outstanding principal balance of a $2,000,000.00 Revolving Promissory Note, dated June 14, 2004, executed by Design Trends, LLC, a Delaware limited liability company (collectively, whether one or more, the “ Loan ”).

ARBITRATION

Upon written request of either Lender or Borrower, any controversy or claim between or among the parties hereto including but not limited to those arising out of or relating to the Loan, any of the loan documents or any related agreements or instruments executed in connection with the Loan (the “ Loan Documents ”), including any claim based on or arising from an alleged tort, shall be determined by binding arbitration in accordance with the Federal Arbitration Act (or if not applicable, the applicable state law), the Commercial Arbitration Rules of the American Arbitration Association, and the “Special Rules” set forth below unless both Lender and Borrower, in their respective sole discretion, agree in writing to mediate the dispute prior to submitting to binding arbitration. In the event of any inconsistency, the Special Rules shall control. Judgment upon any arbitration award may be entered in any court having jurisdiction. Any party to this Agreement may bring an action, including a summary or expedited proceeding, to compel arbitration of any controversy or claim to which this agreement applies in any court having jurisdiction over such action. The party that requests arbitration has the burden to initiate the arbitration proceedings pursuant to and by complying with the Commercial Arbitration Rules of the American Arbitration Association and shall pay all associated administrative and filing fees.

The arbitration shall be conducted in the City of Fort Worth, Tarrant County, Texas and administered by the American Arbitration Association. All arbitration hearings will be commenced within sixty (60) days of the written request for arbitration, and if the arbitration hearing is not commenced within the sixty (60) days, the party that requested arbitration shall have waived its election to arbitrate. Nothing in this Agreement shall be deemed to (i) limit the applicability of any otherwise applicable statutes of limitation or repose and any waivers contained in this Agreement; or (ii) be a waiver by Lender of the protection afforded to it by 12 U.S.C. Sec. 91 or any substantially equivalent state law; or (iii) limit the right of Lender hereto (A) to exe


 
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