Arms-Length/Good Faith; Review and Construction of Documents. This Amendment has been negotiated at arms-length and in good faith by the parties hereto. The Borrower (a) has had the opportunity to consult with legal counsel of its own choice and has been afforded an opportunity to review this Amendment with its legal counsel, (b) has reviewed this Amendment and fully understands the effects thereof and all terms and provisions contained in this Amendment, and (c) has executed this Amendment of its own free will and volition. Furthermore, the Borrower acknowledges that (i) this Amendment shall be construed as if jointly drafted by the Borrower and the Lenders, and (ii) the recitals contained in this Amendment shall be construed to be part of the operative terms and provisions of this Amendment.
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Samples: Senior Secured Superpriority Priming Debtor in Possession Credit Agreement (Southcross Energy Partners, L.P.), Term Loan Credit Agreement (Southcross Energy Partners, L.P.), Revolving Credit Agreement (Southcross Energy Partners, L.P.)
Arms-Length/Good Faith; Review and Construction of Documents. This Amendment has been negotiated at arms-length and in good faith by the parties hereto. The Borrower Credit Parties (a) has have had the opportunity to consult with legal counsel of its their own choice and has have been afforded an opportunity to review this Amendment with its their legal counsel, (b) has have reviewed this Amendment and fully understands understand the effects thereof and all terms and provisions contained in this Amendment, and (c) has have executed this Amendment of its their own free will and volition. Furthermore, the Borrower acknowledges Credit Parties acknowledge that (i) this Amendment shall be construed as if jointly drafted by the Borrower Credit Parties and the LendersLender, and (ii) the recitals contained in this Amendment shall be construed to be part of the operative terms and provisions of this Amendment.
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Samples: Forbearance Agreement (Regional Health Properties, Inc)
Arms-Length/Good Faith; Review and Construction of Documents. This Amendment has been negotiated at arms-length and in good faith by the parties hereto. The Borrower (a) has had the opportunity to consult with legal counsel of its own choice and has been afforded an opportunity to review this Amendment with its legal counsel, (b) has reviewed this Amendment and fully understands the effects thereof and all terms and provisions contained in this Amendment, and (c) has executed this Amendment of its own free will and volition. Furthermore, the Borrower acknowledges that (i) this Amendment shall be construed as if jointly drafted by the Borrower and the Lenders, and (ii) the recitals contained in this Amendment shall be construed to be part of the operative terms and provisions of this Amendment. Without limiting the foregoing, Sections 1.2, 1.3 and 1.7 of the Credit Agreement shall apply to this Amendment, mutatis mutandis.
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