Common use of Conflict; Construction of Documents Clause in Contracts

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 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)

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Conflict; Construction of Documents. In the event of ----------------------------------- any conflict between the provisions of this Agreement and the provisions of the NotesNote, 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 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, 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 which drafted same.

Appears in 2 contracts

Samples: Loan Agreement (Forum Group Inc), Loan Agreement (American Real Estate Investment Corp)

Conflict; Construction of Documents. In the event of any conflict between the provisions of this Agreement and the provisions of the NotesNote, 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 which drafted same.

Appears in 2 contracts

Samples: Loan Agreement (Maxxam Inc), Loan Agreement (Maxxam Inc)

Conflict; Construction of Documents. In the event of any ----------------------------------- conflict between the provisions of this Agreement and the provisions of the NotesNote, 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 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 the Notes, 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 which drafted same.

Appears in 1 contract

Samples: Pledge Agreement (Cabot Industrial Trust)

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 which drafted same.

Appears in 1 contract

Samples: Loan Agreement (Continental Health Affiliates Inc)

Conflict; Construction of Documents. In the event of any conflict between the provisions of this Agreement and the provisions of the Notes, 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 which drafted same.

Appears in 1 contract

Samples: Mezzanine 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, 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 which drafted same.

Appears in 1 contract

Samples: Loan Agreement (Ocwen Asset Investment Corp)

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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 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 which 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 the NotesNote, 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 which drafted same.

Appears in 1 contract

Samples: Loan Agreement (Echelon International Corp)

Conflict; Construction of Documents. In the event of any conflict between the provisions of this Agreement and the provisions of the Notes, 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 which drafted same.

Appears in 1 contract

Samples: Loan Agreement (Daka International Inc)

Conflict; Construction of Documents. In the event of any ----------------------------------- conflict between the provisions of this Agreement and the provisions of the NotesNote, 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 which drafted same.

Appears in 1 contract

Samples: Loan Agreement (Merkert American Corp)

Conflict; Construction of Documents. In the event of any conflict between the provisions of this Agreement and the provisions of the NotesGlobal Note, the Mortgages, the Guaranty 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 which drafted same.

Appears in 1 contract

Samples: Loan Agreement (Kranzco Realty Trust)

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