Conflict; Construction of Documents. 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 each is represented by separate counsel in connection with the negotiation and drafting of the Loan Documents and that the Loan Documents shall not be subject to the principle of construing their meaning against the party that drafted them.
Appears in 75 contracts
Samples: Credit Agreement (Protech Home Medical Corp.), Credit and Guaranty Agreement (Quorum Health Corp), Loan Agreement (Broad Street Realty, Inc.)
Conflict; Construction of Documents. In the event of any conflict between the provisions of this Agreement and any the provisions of the other Loan Documents, the provisions of this Agreement shall controlprevail. The parties hereto acknowledge that they were each is represented by separate competent counsel in connection with the negotiation negotiation, drafting and drafting execution of the Loan Documents and that the Loan Documents shall not be subject to the principle of construing their meaning against the party that drafted themsame.
Appears in 34 contracts
Samples: Loan and Security Agreement (AB Commercial Real Estate Private Debt Fund, LLC), Loan Agreement (AG Mortgage Investment Trust, Inc.), Loan Agreement (Sears Holdings Corp)
Conflict; Construction of Documents. 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 each is they were represented by separate counsel in connection with the negotiation and drafting of the Loan Documents and that the such Loan Documents shall not be subject to the principle of construing their meaning against the party that which drafted themsame.
Appears in 31 contracts
Samples: First Mezzanine Loan Agreement (Strategic Hotel Capital Inc), Loan Agreement (Thomas Properties Group Inc), Loan Agreement (Strategic Hotel Capital Inc)
Conflict; Construction of Documents. In the event of any conflict between the provisions of this Agreement and the provisions of any of the other Loan Documents, the provisions of this Agreement shall controlprevail. The parties hereto acknowledge that each is they were represented by separate counsel in connection with the negotiation and drafting of the Loan Documents and that the Loan Documents shall not be subject to the principle of construing their meaning against the party that drafted themsame.
Appears in 26 contracts
Samples: Loan Agreement (Affordable Residential Communities Inc), Loan Agreement (Thomas Properties Group Inc), Loan Agreement (Affordable Residential Communities Inc)
Conflict; Construction of Documents. In the event of any conflict between the provisions of this Agreement and the provisions of the Notes, any Mortgage or any of the other Loan Documents, the provisions of this Agreement shall controlprevail. The parties hereto acknowledge that each is they were represented by separate counsel in connection with the negotiation and drafting of the Loan Documents and that the Loan Documents shall not be subject to the principle of construing their meaning against the party that which drafted themsame.
Appears in 16 contracts
Samples: Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc)
Conflict; Construction of Documents. In the event of any conflict between the provisions of this Agreement and the provisions of any of the other Loan Documents, the provisions of this Agreement shall controlprevail. The parties hereto acknowledge that each is they were represented by separate counsel in connection with the negotiation and drafting of the Loan Documents and that the Loan Documents shall not be subject to the principle of construing their meaning against the party that which drafted themsame.
Appears in 8 contracts
Samples: Loan Agreement (Thomas Properties Group Inc), Loan Agreement (Thomas Properties Group Inc), Loan Agreement (Thomas Properties Group Inc)
Conflict; Construction of Documents. In the event of any conflict between the provisions of this Agreement and any of the other Loan Documentsdocuments delivered in connection with this Agreement, the provisions of this Agreement shall control. The parties hereto acknowledge that each is they were represented by separate competent counsel in connection with the negotiation negotiation, drafting and drafting execution of the Loan Documents documents and that the Loan Documents such documents shall not be subject to the principle of construing their meaning against the party that which drafted themsame.
Appears in 7 contracts
Samples: Contribution Agreement (Sun Communities Inc), Contribution Agreement (Sun Communities Inc), Contribution Agreement (Sun Communities Inc)
Conflict; Construction of Documents. In the event of any conflict between the provisions of this Agreement and the provisions of the Note, the Mortgage or any of the other Loan Documents, the provisions of this Agreement shall controlprevail. The parties hereto acknowledge that each is they were represented by separate counsel in connection with the negotiation and drafting of the Loan Documents and that the Loan Documents shall not be subject to the principle of construing their meaning against the party that which drafted themsame.
Appears in 6 contracts
Samples: Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Digital Realty Trust, Inc.), Loan Agreement (Mark Centers Trust)
Conflict; Construction of Documents. In the event of any conflict between the provisions of this Agreement and the provisions of the Note, the Mortgages or any of the other Loan Documents, the provisions of this Agreement shall controlprevail. The parties hereto acknowledge that each is they were represented by separate counsel in connection with the negotiation and drafting of the Loan Documents and that the Loan Documents shall not be subject to the principle of construing their meaning against the party that which drafted themsame.
Appears in 4 contracts
Samples: Loan Agreement (Fortress Investment Corp), Loan Agreement (Ambassador Apartments Inc), Loan Agreement (Alternative Living Services Inc)
Conflict; Construction of Documents. In As between or among the parties hereto, the event of any conflict between the provisions of this Agreement and any of the other Loan Documents, as between or among the parties hereto, the provisions of this Agreement shall control. The parties hereto acknowledge that each such party is represented by separate legal counsel in connection with the negotiation and drafting of the Loan Documents this Agreement, and that the Loan Documents this Agreement shall not be subject to the principle of construing their its meaning against the party that drafted themit.
Appears in 4 contracts
Samples: Co Lender Agreement (CSAIL 2020-C19 Commercial Mortgage Trust), Lender Agreement (CSAIL 2020-C19 Commercial Mortgage Trust), Lender Agreement (CSAIL 2020-C19 Commercial Mortgage Trust)
Conflict; Construction of Documents. In the event of any conflict between the provisions of this Agreement and the provisions of the Note, or any of the other Loan Documents, the provisions of this Agreement shall controlprevail. The parties hereto acknowledge that each is they were represented by separate counsel in connection with the negotiation and drafting of the Loan Documents and that the Loan Documents shall not be subject to the principle of construing their meaning against the party that which drafted themsame.
Appears in 3 contracts
Samples: Loan Agreement (Lazard Freres Real Estate Investors LLC), Loan Agreement (Lf Strategic Realty Investors Ii L P), Loan Agreement (Lazard Freres Real Estate Investors LLC)
Conflict; Construction of Documents. In the event of any conflict between the provisions of this Agreement and the provisions of the Note, any Mortgage or any of the other Loan Documents, the provisions of this Agreement shall controlprevail. The parties hereto acknowledge that each is they were represented by separate counsel in connection with the negotiation and drafting of the Loan Documents and that the Loan Documents shall not be subject to the principle of construing their meaning against the party that which drafted themsame.
Appears in 3 contracts
Samples: Loan Agreement, Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc)
Conflict; Construction of Documents. 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 each is represented by separate counsel in connection with the negotiation and drafting of the Loan Documents and that the Loan Documents shall not be subject to the principle of construing their meaning against the party that drafted them.
Appears in 2 contracts
Samples: Management Agreement (Westfield America Inc), Loan Agreement (Konover Property Trust Inc)
Conflict; Construction of Documents. 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 each is they were represented by separate counsel in connection with the negotiation and drafting of the Loan Documents and other documents and instruments executed and delivered in connection therewith and that the such Loan Documents and other documents and instruments shall not be subject to the principle of construing their meaning against the party that which drafted themthe same.
Appears in 2 contracts
Samples: Fixed Rate Loan Agreement (Wellsford Real Properties Inc), Rate Loan Agreement (First Union Real Estate Equity & Mortgage Investments)
Conflict; Construction of Documents. 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 will control. The parties hereto acknowledge that each is represented by separate counsel in connection with the negotiation and drafting of the Loan Documents and that the Loan Documents shall will not be subject to the principle of construing their meaning against the party that drafted them.
Appears in 2 contracts
Samples: Loan Agreement (Lodging Fund REIT III, Inc.), Loan Agreement (Lodging Fund REIT III, Inc.)
Conflict; Construction of Documents. 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 each is they were represented by separate counsel in connection with the negotiation and drafting of the Loan Documents and that the Loan Documents shall not be subject to the principle of construing their meaning against the party that drafted them.
Appears in 2 contracts
Samples: Loan Agreement (United Investors Realty Trust), Loan Agreement (Fac Realty Trust Inc)
Conflict; Construction of Documents. 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 each is they were represented by separate counsel in connection with the negotiation and drafting of the Loan Documents and that the such Loan Documents shall not be subject to the principle of construing their meaning against the party that which drafted themsame.
Appears in 1 contract
Samples: Loan Agreement (Desert Springs Marriott Limited Partnership)
Conflict; Construction of Documents. 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 each is represented by separate counsel in connection with the negotiation and drafting of the Loan Documents and that the Loan Documents shall not be subject to the principle of construing their meaning against the party that drafted them.. 68
Appears in 1 contract
Conflict; Construction of Documents. 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 each is represented by separate counsel in connection with the negotiation and drafting of the Loan Documents and that the Loan 163 Documents shall not be subject to the principle of construing their meaning against the party that drafted them.
Appears in 1 contract
Samples: Loan Agreement (GTJ REIT, Inc.)
Conflict; Construction of Documents. In the event of any conflict between the provisions of this Agreement and the provisions of the Note, the Deeds of Trust or any of the other Loan Documents, the provisions of this Agreement shall controlprevail. The parties hereto acknowledge that each is they were represented by separate counsel in connection with the negotiation and drafting of the Loan Documents and that the Loan Documents shall not be subject to the principle of construing their meaning against the party that which drafted themsame.
Appears in 1 contract
Conflict; Construction of Documents. In the event of any conflict between the provisions of this Credit Agreement and any of the other Loan Documents, the provisions of this Credit Agreement shall control. The parties hereto acknowledge that each is they were represented by separate counsel in connection with the negotiation and drafting of the Loan Documents and that the such Loan Documents shall not be subject to the principle of construing their meaning against the party that which drafted themsame.
Appears in 1 contract
Conflict; Construction of Documents. 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 will control. The parties hereto acknowledge that each is represented by separate counsel in connection with the negotiation LOAN AGREEMENT, PAGE 39 and drafting of the Loan Documents and that the Loan Documents shall will not be subject to the principle of construing their meaning against the party that drafted them.
Appears in 1 contract
Conflict; Construction of Documents. In the event of any conflict between the provisions of this Loan Agreement and any the provisions of the other Loan Documents, the provisions of this Loan Agreement shall controlprevail. The parties hereto acknowledge that they were each is represented by separate competent counsel in connection with the negotiation negotiation, drafting and drafting execution of the Loan Documents and that the Loan Documents shall not be subject to the principle of construing their meaning against the party that drafted themsame.
Appears in 1 contract
Samples: Loan and Security Agreement (Franklin BSP Realty Trust, Inc.)
Conflict; Construction of Documents. 103 . 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 each is represented by separate counsel in connection with the negotiation and drafting of the Loan Documents and that the Loan Documents shall not be subject to the principle of construing their meaning against the party that drafted them.
Appears in 1 contract
Conflict; Construction of Documents. In the event of any conflict between the provisions of this Agreement and any the provisions of the other Loan Documents, the provisions of this Agreement shall controlprevail. The parties hereto acknowledge that they were each is represented by separate competent counsel in connection with the negotiation negotiation, drafting and drafting execution of the Loan Documents and that the Loan Documents shall not be subject to the principle of construing their meaning against the party that drafted them.same. 93
Appears in 1 contract
Samples: Loan Agreement (Parkway, Inc.)
Conflict; Construction of Documents. 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 each is represented by separate counsel in connection with the negotiation and drafting of the Loan Documents and that the Loan Documents shall not be subject to the principle of construing their meaning against the party that drafted them.. 88 Xxxxxxxx - Stamford
Appears in 1 contract
