Common use of Conflict; Construction of Documents; Reliance Clause in Contracts

Conflict; Construction of Documents; Reliance. In the event of any conflict between the provisions of this Agreement and any of the other Loan Documents, the provisions of this Agreement shall control. The parties hereto acknowledge that they were represented by competent counsel in connection with the negotiation, drafting and execution of the Loan Documents and that such Loan Documents shall not be subject to the principle of construing their meaning against the party which drafted same. Borrower acknowledges that, with respect to the Loan, Borrower shall rely solely on its own judgment and advisors in entering into the Loan without relying in any manner on any statements, representations or recommendations of Administrative Agent or Lenders or any parent, subsidiary or Affiliate of Administrative Agent or Lenders. Administrative Agent and Lenders shall not be subject to any limitation whatsoever in the exercise of any rights or remedies available to it under any of the Loan Documents or any other agreements or instruments which govern the Loan by virtue of the ownership by it or any parent, subsidiary or Affiliate of Administrative Agent or Lenders of any equity interest any of them may acquire in Borrower, and Borrower hereby irrevocably waives the right to raise any defense or take any action on the basis of the foregoing with respect to Administrative Agent’s and Lenders’ exercise of any such rights or remedies. Borrower acknowledges that Administrative Agent and Lenders engage in the business of real estate financings and other real estate transactions and investments which may be viewed as adverse to or competitive with the business of Borrower or its Affiliates.

Conflict; Construction of Documents; Reliance. In the event of any conflict between the provisions of this Agreement and the Security Instrument, the Note or any of the other Loan Documents, the provisions of this Agreement shall control. The parties hereto acknowledge that they were represented by competent counsel in connection with the negotiation, drafting and execution of this Agreement, the Note, the Security Instrument and the other Loan Documents and that such this Agreement, the Note, the Security Instrument and the other Loan Documents shall not be subject to the principle of construing their meaning against the party which drafted same. Borrower acknowledges that, with respect to the Loan, Borrower shall rely solely on its own judgment and advisors in entering into the Loan without relying in any manner on any statements, representations or recommendations of Administrative Agent or Lenders any Lender or any parent, subsidiary or Affiliate of Administrative Agent or Lendersany Lender. Administrative Agent and Lenders shall not be subject to any limitation whatsoever in the exercise of any rights or remedies available to it them under any of this Agreement, the Note, the Security Instrument and the other Loan Documents or any other agreements or instruments which govern the Loan by virtue of the ownership by it Administrative Agent, Lenders or any parent, subsidiary or Affiliate of Administrative Agent or Lenders any Lender of any equity interest any of them may acquire in Borrower, and Borrower hereby irrevocably waives the right to raise any defense or take any action on the basis of the foregoing with respect to Administrative Agent’s and Lenders’ any Lender’s exercise of any such rights or remedies. Borrower acknowledges that Administrative Agent and Lenders engage in the business of real estate financings and other real estate transactions and investments which may be viewed as adverse to or competitive with the business of Borrower or its Affiliates.

Conflict; Construction of Documents; Reliance. In the event of any conflict between the provisions of this Agreement and the Security Instrument, the Note or any of the other Loan Documents, the provisions of this Agreement shall control. The parties hereto acknowledge that they were represented by competent counsel in connection with the negotiation, drafting and execution of this Agreement, the Note, the Security Instrument and the other Loan Documents and that such this Agreement, the Note, the Security Instrument and the other Loan Documents shall not be subject to the principle of construing their meaning against the party which drafted same. Borrower acknowledges that, with respect to the Loan, Borrower shall rely solely on its own judgment and advisors in entering into the Loan without relying in any manner on any statements, representations or recommendations of Administrative Agent or Lenders any Lender or any parent, subsidiary or Affiliate of Administrative Agent or Lendersany Lender. Administrative Agent and Lenders shall not be subject to any limitation whatsoever in the exercise of any rights or remedies available to it them under any of this Agreement, the Note, the Security Instrument and the other Loan Documents or any other agreements or instruments which govern the Loan by virtue of the ownership by it Administrative Agent, Lenders or any parent, subsidiary or Affiliate of Administrative Agent or Lenders any Lender of any equity interest any of them may acquire in Borrower, and Borrower hereby irrevocably waives the right to raise any defense or take any action on the basis of the foregoing with respect to Administrative Agent’s and Lenders’ any Lender’s exercise of any such rights or remedies. Borrower acknowledges that Administrative Agent and Lenders engage in the business of real estate financings and other real estate transactions and investments which may be viewed as adverse adverse-to or competitive with the business of Borrower or its Affiliates.

Conflict; Construction of Documents; Reliance. In the event of any conflict between the provisions of this Agreement and any of the other Facility Loan Agreements, Facility Loan Documents or Collateral Documents, the provisions of this Agreement shall control. The parties hereto acknowledge that they were represented by competent counsel in connection with the negotiation, drafting and execution of the Facility Loan Documents and that such Facility Loan Documents shall not be subject to the principle of construing their meaning against the party which drafted same. Borrower acknowledges that, with respect to the LoanFacility Loans, Borrower shall rely solely on its own judgment and advisors in entering into the Loan Facility Loans without relying in any manner on any statements, representations or recommendations of Administrative Agent or Lenders Agent, any Lender or any parent, subsidiary or Affiliate of Administrative Agent or Lendersany Lender. Administrative Agent and Lenders shall not be subject to any limitation whatsoever in the exercise of any rights or remedies available to it under any of this Agreement and any of the other Facility Loan Agreements, Facility Loan Documents or Collateral Documents or any other agreements or instruments which govern the Loan Facility Loans by virtue of the ownership by it or any Lender or any parent, subsidiary or Affiliate of Administrative Agent or Lenders any Lender of any equity interest any of them may acquire in Borrower, and Borrower hereby irrevocably waives the right to raise any defense or take any action on the basis of the foregoing with respect to Administrative Agent’s and Lenders’ exercise of any such rights or remedies. Borrower acknowledges that Administrative Agent and Lenders engage in the business of real estate financings and other real estate transactions and investments which may be viewed as adverse to or competitive with the business of Borrower or its Affiliates.

Conflict; Construction of Documents; Reliance. In the event of any conflict between the provisions of this Agreement and the Security Instrument, the Note or any of the other Loan Documents, the provisions of this Agreement shall control. The parties hereto acknowledge that they were represented by competent counsel in connection with the negotiation, drafting and execution of this Agreement, the Note, the Security Instrument and the other Loan Documents and that such this Agreement, the Note, the Security Instrument and the other Loan Documents shall not be subject to the principle of construing their meaning against the party which drafted same. Borrower acknowledges that, with respect to the Loan, Borrower shall rely solely on its own judgment and advisors in entering into the Loan without relying in any manner on any statements, representations or recommendations of Administrative Agent or Lenders Lender or any parent, subsidiary or Affiliate of Administrative Agent or LendersLender. Neither Lender nor Administrative Agent and Lenders shall not be subject to any limitation whatsoever in the exercise of any rights or remedies available to it under any of this Agreement, the Note, the Security Instrument and the other Loan Documents or any other agreements or instruments which govern the Loan by virtue of the ownership by it or any parent, subsidiary or Affiliate of Administrative Agent or Lenders Lender of any equity interest any of them may acquire in Borrower, and Borrower hereby irrevocably waives the right to raise any defense or take any action on the basis of the foregoing with respect to Administrative Agent’s and Lenders’ or Lxxxxx’s exercise of any such rights or remedies. Borrower Bxxxxxxx acknowledges that each of Administrative Agent and Lenders engage Lxxxxx engages in the business of real estate financings and other real estate transactions and investments which may be viewed as adverse adverse-to or competitive with the business of Borrower or its Affiliates.

Conflict; Construction of Documents; Reliance. In the event of any conflict between the provisions of this Agreement and the Security Instrument, the Note or any of the other Loan Documents, the provisions of this Agreement shall control. Wherever the phrase “during the continuance of an Event of Default” or the like appears herein or in any other Loan Document, such phrase shall not mean or imply that Administrative Agent has any obligation to accept a cure of such Event of Default. The parties hereto acknowledge that they were represented by competent counsel in connection with the negotiation, drafting and execution of this Agreement, the Note, the Security Instrument and the other Loan Documents and that such this Agreement, the Note, the Security Instrument and the other Loan Documents shall not be subject to the principle of construing their meaning against the party which drafted same. Borrower acknowledges that, with respect to the Loan, Borrower shall rely solely on its own judgment and advisors in entering into the Loan without relying in any manner on any statements, representations or recommendations of Administrative Agent or Lenders any Lender or any parent, subsidiary or Affiliate of Administrative Agent or Lendersany Lender. Administrative Agent and Lenders shall not be subject to any limitation whatsoever in the exercise of any rights or remedies available to it them under any of this Agreement, the Note, the Security Instrument and the other Loan Documents or any other agreements or instruments which govern the Loan by virtue of the ownership by it Administrative Agent, Lenders or any parent, subsidiary or Affiliate of Administrative Agent or Lenders any Lender of any equity interest any of them may acquire in Borrower, and Borrower hereby irrevocably waives the right to raise any defense or take any action on the basis of the foregoing with respect to Administrative Agent’s and Lenders’ any Lender’s exercise of any such rights or remedies. Borrower acknowledges that Administrative Agent and Lenders engage in the business of real estate financings and other real estate transactions and investments which may be viewed as adverse adverse-to or competitive with the business of Borrower or its Affiliates.

Conflict; Construction of Documents; Reliance. In the event of any conflict between the provisions of this Agreement and Agreement, the Security Instrument, the Pledge Agreement, the Note or any of the other Loan Documents, the provisions of this Agreement shall control. Wherever the phrase “during the continuance of an Event of Default” or the like appears herein or in any other Loan Document, such phrase shall not mean or imply that Lender or Agent has any obligation to accept a cure of such Event of Default. The parties hereto acknowledge that they were represented by competent counsel in connection with the negotiation, drafting and execution of this Agreement, the Note, the Security Instrument, the Pledge Agreement and the other Loan Documents and that such this Agreement, the Note, the Security Instrument, the Pledge Agreement and the other Loan Documents shall not be subject to the principle of construing their meaning against the party which drafted same. Borrower acknowledges that, with respect to the Loan, Borrower shall rely solely on its own judgment and advisors in entering into the Loan without relying in any manner on any statements, representations or recommendations of Administrative Lender, Agent or Lenders or any parent, subsidiary or Affiliate of Administrative Lender or Agent. Neither Lender nor Agent or Lenders. Administrative Agent and Lenders shall not be subject to any limitation whatsoever in the exercise of any rights or remedies available to it under any of this Agreement, the Note, the Security Instrument, the Pledge Agreement and the other Loan Documents or any other agreements or instruments which govern the Loan by virtue of the ownership by it or any parent, subsidiary or Affiliate of Administrative Lender or Agent or Lenders of any equity interest any of them may acquire in Borrower, and Borrower hereby irrevocably waives the right to raise any defense or take any action on the basis of the foregoing with respect to Administrative Agent’s and Lenders’ or Xxxxxx’s exercise of any such rights or remedies. Borrower acknowledges that Administrative each of Lender and Agent and Lenders engage engages in the business of real estate financings and other real estate transactions and investments which may be viewed as adverse adverse-to or competitive with the business of Borrower or its Affiliates.

Conflict; Construction of Documents; Reliance. In the event of any conflict between the provisions of this Agreement and any of the other Loan Documents, the provisions of this Agreement shall control. The parties hereto acknowledge that they were represented by competent counsel in connection with the negotiation, drafting and execution of the Loan Documents and that such Loan Documents shall not be subject to the principle of construing their meaning against the party which drafted same. Borrower Each of Borrower, Operating Lessee and the other Loan Parties acknowledges that, with respect to the Loan, Borrower each of Borrower, Operating Lessee and the other Loan Parties shall rely solely on its own judgment and advisors in entering into the Loan without relying in any manner on any statements, representations or recommendations of Administrative Agent or Lenders Lender or any parent, subsidiary or Affiliate of Administrative Agent or LendersLender. Administrative Agent and Lenders Lender shall not be subject to any limitation whatsoever in the exercise of any rights or remedies available to it under any of the Loan Documents or any other agreements or instruments which govern the Loan by virtue of the ownership by it or any parent, subsidiary or Affiliate of Administrative Agent or Lenders Lender of any equity interest any of them may acquire in Borrower, Operating Lessee or any other Loan Party, and Borrower each of Borrower, Operating Lessee and the other Loan Parties hereby irrevocably waives waive the right to raise any defense or take any action on the basis of the foregoing with respect to Administrative AgentLender’s and Lenders’ exercise of any such rights or remedies. Borrower acknowledges Each of Borrower, Operating Lessee and the other Loan Parties acknowledge that Administrative Agent and Lenders engage Lender engages in the business of real estate financings and other real estate transactions and investments which may be viewed as adverse to or competitive with the business of Borrower Borrower, Operating Lessee, the other Loan Parties or its their respective Affiliates.