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 prevail. The parties hereto acknowledge that they were represented by 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 same.
Appears in 26 contracts
Samples: Loan Agreement (Digital Realty Trust, Inc.), Loan Agreement (Affordable Residential Communities 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 any of the other Loan Documents, the provisions of this Agreement shall prevail. The parties hereto acknowledge that they were represented by 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 same.
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 the provisions of the Note, the Mortgage or any of the other Loan Documents, the provisions of this Agreement shall prevail. The parties hereto acknowledge that they were represented by 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 same.
Appears in 6 contracts
Samples: Loan Agreement (Digital Realty Trust, Inc.), Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ocwen Asset Investment Corp)
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 prevail. The parties hereto acknowledge that they were represented by 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 same.
Appears in 4 contracts
Samples: Loan Agreement (Alternative Living Services Inc), Loan Agreement (Ambassador Apartments Inc), Loan Agreement (Alternative Living Services 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 prevail. The parties hereto acknowledge that they were represented by 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 same.
Appears in 3 contracts
Samples: Loan Agreement (Brookdale Living Communities Inc), Loan Agreement (Brookdale Living Communities Inc), Loan Agreement (Brookdale Living Communities Inc)
Conflict; Construction of Documents. In the event of any conflict between the provisions of this Agreement and the provisions of the Notes, or any of the other Loan Documents, the provisions of this Agreement shall prevail. The parties hereto acknowledge that they were represented by 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 same.
Appears in 3 contracts
Samples: Loan Agreement (Lazard Freres Real Estate Investors LLC), Loan Agreement (Lazard Freres Real Estate Investors LLC), 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 prevail. The parties hereto acknowledge that they were represented by 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 same.
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 the provisions of the Notes, the Mortgages, the Second Mortgages or any of the other Loan Documents, the provisions of this Agreement shall prevail. The parties hereto acknowledge that they were represented by 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 same.
Appears in 2 contracts
Samples: Loan Agreement (American Real Estate Investment Corp), Loan Agreement (Forum Group Inc)
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 prevail. The parties hereto acknowledge that they were represented by 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 same.
Appears in 1 contract
Samples: Loan Agreement (G&l Realty Corp)
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 prevailcontrol. The parties hereto acknowledge that they were represented by 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 samethem.
Appears in 1 contract
Samples: Loan Agreement (Saul Centers Inc)
Conflict; Construction of Documents. In the event of any conflict between the provisions of this Agreement and the provisions of Note or any of the other Loan Documents, the provisions of this Agreement shall prevailcontrol. The parties hereto acknowledge that they were represented by sophisticated 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 same.
Appears in 1 contract
Conflict; Construction of Documents. In the event of any conflict between the provisions of this Agreement and the provisions of the Note, the Mortgages, the Collateral Assignments of Mortgages or any of the other Loan Documents, the provisions of this Agreement shall prevail. The parties hereto acknowledge that they were represented by 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 same.
Appears in 1 contract
Conflict; Construction of Documents. In the event of any conflict between the provisions of this Agreement and the provisions of the Global Note or any of the other Loan Documents, the provisions of this Agreement shall prevail. The parties hereto acknowledge that they were represented by 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 same.
Appears in 1 contract
Conflict; Construction of Documents. In the event of any ----------------------------------- conflict between the provisions of this Agreement and the provisions of the Notes or any of the other Loan Documents, the provisions of this Agreement shall prevail. The parties hereto acknowledge that they were represented by 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 same.
Appears in 1 contract
Conflict; Construction of Documents. In the event of any ----------------------------------- conflict between the provisions of this Agreement and the provisions of the Note, the Indenture or any of the other Loan Documents, the provisions of this Agreement whichever document is most favorable to Lender shall prevail. The parties hereto acknowledge that they were represented by 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 same.
Appears in 1 contract
Conflict; Construction of Documents. In the event of any conflict between the provisions of this Agreement and the provisions of the Notes, the Mortgages or any of the other Loan Documents, the provisions of this Agreement shall prevail. The parties hereto acknowledge that they were represented by 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 same.
Appears in 1 contract
