Construction Generally. This is an agreement between parties who are experienced in sophisticated and complex matters similar to the transaction contemplated by this Agreement and is entered into by both parties in reliance upon the economic and legal bargains contained herein and shall be interpreted and construed in a fair and impartial manner without regard to such factors as the party which prepared the instrument, the relative bargaining powers of the parties or the domicile of any party. Debtor and FFCA were each represented by legal counsel competent in advising them of their obligations and liabilities hereunder.
Appears in 21 contracts
Samples: Form of Loan Agreement (Ich Corp /De/), Loan Agreement (Famous Daves of America Inc), Loan Agreement (Bertuccis of White Marsh Inc)
Construction Generally. This is an agreement between parties who are experienced in sophisticated and complex matters similar to the transaction contemplated by this Agreement and Transaction, is entered into by both parties in reliance upon the economic and legal bargains contained herein and therein, and shall be interpreted and construed in a fair and impartial manner without regard to such factors as the party which prepared the instrument, the relative bargaining powers of the parties or the domicile of any party. Debtor Seller and FFCA Purchaser were each represented by given opportunity to consult with independent legal counsel of such party’s choice competent in advising them of their obligations and liabilities hereunder.
Appears in 19 contracts
Samples: Auction Purchase and Sale Agreement, Auction Purchase and Sale Agreement, Auction Purchase and Sale Agreement
Construction Generally. This is an agreement between parties who are experienced in sophisticated and complex matters similar to the transaction contemplated by this Agreement Transaction and the other Transaction Documents, is entered into by both parties in reliance upon the economic and legal bargains contained herein and therein, and shall be interpreted and construed in a fair and impartial manner without regard to such factors as the party which prepared the instrument, the relative bargaining powers of the parties or the domicile of any party. Debtor Seller and FFCA Purchaser were each represented by legal counsel competent in advising them of their obligations and liabilities hereunder.
Appears in 12 contracts
Samples: Purchase and Sale Agreement (Lubys Inc), Purchase and Sale Agreement (Synalloy Corp), Purchase and Sale Agreement (ARC Group, Inc.)
Construction Generally. This is an agreement between parties who are experienced in sophisticated and complex matters similar to the transaction contemplated by this Agreement and is entered into by both parties in reliance upon the economic and legal bargains contained herein and shall be interpreted and construed in a fair and impartial manner without regard to such factors as the party which prepared the instrument, the relative bargaining powers of the parties or the domicile of any party. Debtor Seller and FFCA Buyer were each represented by legal counsel competent in advising them of their obligations and liabilities hereunder.
Appears in 4 contracts
Samples: Sale Leaseback Agreement (Mercury Air Group Inc), Sale Leaseback Agreement (Chart House Enterprises Inc), Sale Leaseback Agreement (Uno Restaurant Corp)
Construction Generally. This is an agreement between parties who are experienced in sophisticated and complex matters similar to the transaction contemplated by this Agreement and is entered into by both parties in reliance upon the economic and legal bargains contained herein and shall be interpreted and construed in a fair and impartial manner without regard to such factors as the party which prepared the instrument, the relative bargaining powers of the parties or the domicile of any party. Debtor and FFCA Lender were each represented by legal counsel competent in advising them of their obligations and liabilities hereunder.
Appears in 3 contracts
Samples: Bridge Loan Facility Agreement (Idw Media Holdings, Inc.), Mortgage Loan Agreement (LIVE VENTURES Inc), Revolving Line of Credit Loan Agreement (Midas Medici Group Holdings, Inc.)
Construction Generally. This is an agreement between parties who are experienced in sophisticated and complex matters similar to the transaction contemplated by this Agreement and is entered into by both parties in reliance upon the economic and legal bargains contained herein and shall be interpreted and construed in a fair and impartial manner without regard to such factors as the party which prepared the instrument, the relative bargaining powers of the parties or the domicile of any party. Debtor and FFCA were each represented by legal counsel competent in advising them of their obligations and liabilities hereunder.
Appears in 3 contracts
Samples: Credit Loan Agreement (Lightfirst Inc), Modification and Extension Agreement (Lightfirst Inc), Credit Loan Agreement (Lightfirst Inc)
Construction Generally. This is an agreement between parties who are experienced in sophisticated and complex matters similar to the transaction contemplated by this Agreement and is entered into by both parties in reliance upon the economic and legal bargains contained herein and shall be interpreted and construed in a fair and impartial manner without regard to such factors as the party which prepared the instrument, the relative bargaining powers of the parties or the domicile of any party. Debtor Sellers and FFCA Buyer were each represented by legal counsel competent in advising them of their obligations and liabilities hereunder.
Appears in 3 contracts
Samples: Sale Leaseback Agreement (Uno Restaurant Corp), Sale Leaseback Agreement (Uno Restaurant Corp), Sale Leaseback Agreement (Uno Restaurant Corp)
Construction Generally. This is an agreement between parties who are experienced in sophisticated and complex matters similar to the transaction contemplated by this Agreement and is entered into by both all parties in reliance upon the economic and legal bargains contained herein and shall be interpreted and construed in a fair and impartial manner without regard to such factors as the party which prepared the instrument, the relative bargaining powers of the parties or the domicile of any party. Debtor and FFCA were each Each of the parties was represented by legal counsel competent in advising them of their obligations and liabilities hereunder.
Appears in 3 contracts
Samples: Master Property Disposition Agreement (Uni Marts Inc), Master Property Disposition Agreement (Uni Marts Inc), Master Property Disposition Agreement (Uni Marts Inc)
Construction Generally. This is an agreement between parties who are experienced in sophisticated and complex matters similar to the transaction contemplated by 14 15 this Agreement and is entered into by both parties in reliance upon the economic and legal bargains contained herein and shall be interpreted and construed in a fair and impartial manner without regard to such factors as the party which prepared the instrument, the relative bargaining powers of the parties or the domicile of any party. Debtor and FFCA were each represented by legal counsel competent in advising them of their obligations and liabilities hereunder.
Appears in 2 contracts
Samples: Security Agreement (P F Changs China Bistro Inc), Security Agreement (P F Changs China Bistro Inc)
Construction Generally. This is an agreement between parties who are experienced in sophisticated and complex matters similar to the transaction contemplated by this Agreement Transaction and the other Transaction Documents, is entered into by both parties in reliance upon the economic and legal bargains contained herein and therein, and shall be interpreted and construed in a fair and impartial manner without regard to such factors as the party which prepared the instrument, the relative bargaining powers of the parties or the domicile of any party. Debtor Lessee and FFCA Lessor were each represented by legal counsel competent in advising them of their obligations and liabilities hereunder.
Appears in 1 contract
Construction Generally. This is an agreement between parties who are experienced in sophisticated and complex matters similar to the transaction contemplated by this Agreement and is entered into by both parties in reliance upon the economic and legal bargains contained herein and shall be interpreted and construed in a fair and impartial manner without regard to such factors as the party which prepared the instrument, the relative bargaining powers of the parties or the domicile of any party. Debtor Each of the Seller Entities and FFCA Buyer were each represented by legal counsel competent in advising them of their obligations and liabilities hereunder.
Appears in 1 contract
Construction Generally. This is an agreement between parties who are experienced in sophisticated and complex matters similar to the transaction contemplated by this Agreement Transaction and the other Transaction Documents, is entered into by both parties in reliance upon the economic and legal bargains contained herein and therein, and shall be interpreted and construed in a fair and impartial manner without regard to such factors as the party which prepared the instrument, the relative bargaining powers of the parties or the domicile of any party. Debtor Xxxxxx and FFCA Purchaser were each represented by legal counsel competent in advising them of their obligations and liabilities hereunder.
Appears in 1 contract
Construction Generally. This is an agreement between parties who are experienced in sophisticated and complex matters similar to the transaction contemplated by this Agreement Agreement, and is entered into by both parties in reliance upon the economic and legal bargains contained herein and shall be interpreted and construed in a fair and impartial manner without regard to such factors as the party which that prepared the instrument, the relative bargaining powers of the parties or the domicile of any party. Debtor JVID and FFCA were COUNTY each represented by had the opportunity to consult competent legal counsel competent in advising to advise them of their obligations and liabilities hereunder.
Appears in 1 contract
Samples: Agreement for Loan and Repayment
Construction Generally. This is an agreement between among parties who are experienced in sophisticated and complex matters similar to the transaction contemplated by this Agreement and is entered into by both each of the parties in reliance upon the economic and legal bargains contained herein and shall be interpreted and construed in a fair and impartial manner without regard to such factors as the party which prepared the instrument, the relative bargaining powers of the parties or the domicile of any party. Debtor and FFCA were each Each of the parties was represented by legal counsel competent in advising them of their obligations and liabilities hereunder.
Appears in 1 contract
Construction Generally. This is an agreement between parties who are experienced in sophisticated and complex matters similar to the transaction contemplated by Transaction, and this Agreement and is the other Transaction Documents, are entered into by both parties in reliance upon the economic and legal bargains contained herein and therein, and shall be interpreted and construed in a fair and impartial manner without regard to such factors as the party which prepared the instrument, the relative bargaining powers of the parties or the domicile of any party. Debtor Each of Seller and FFCA were each Purchaser was represented by legal counsel competent in advising them of their obligations and liabilities hereunder.
Appears in 1 contract
Samples: Purchase and Sale Agreement (First Capital Real Estate Trust Inc)
Construction Generally. This is an agreement between among parties who are experienced in sophisticated and complex matters similar to the transaction contemplated by this Agreement and is entered into by both parties in reliance upon the economic and legal bargains contained herein and shall be interpreted and construed in a fair and impartial manner without regard to such factors as the party which prepared the instrument, the relative bargaining powers of the parties or the domicile of any party. Debtor and FFCA were each represented by legal counsel competent in advising them of their obligations and liabilities hereunder.
Appears in 1 contract
Samples: Loan Agreement (Rc Arbys Corp)
Construction Generally. This is an agreement between parties who are experienced in sophisticated and complex matters similar to the transaction contemplated by this Agreement and is entered into by both parties in reliance upon the economic and legal bargains contained herein and shall be interpreted and construed in a fair and impartial manner 20 150 without regard to such factors as the party which prepared the instrument, the relative bargaining powers of the parties or the domicile of any party. Debtor and FFCA were each represented by legal counsel competent in advising them of their obligations and liabilities hereunder.
Appears in 1 contract
Samples: Loan Agreement (Uni Marts Inc)
Construction Generally. This is an agreement between parties who are experienced in sophisticated and complex matters similar to the transaction contemplated by this Agreement Transaction and the other Transaction Documents, is entered into by both parties in reliance upon the economic and legal bargains contained herein and therein, and shall be interpreted and construed in a fair and impartial manner without regard to such factors as the party which prepared the instrument, the relative bargaining powers of the parties or the domicile of any party. Debtor CMRG and FFCA SPE were each represented by legal counsel competent in advising them of their obligations and liabilities hereunder.
Appears in 1 contract
Samples: Contribution Agreement (Casual Male Retail Group Inc)
Construction Generally. This is an agreement between parties who are experienced in sophisticated and complex matters similar to the transaction contemplated by this Agreement Agreement, and is entered into by both parties in reliance upon the economic and legal bargains contained herein and shall be interpreted and construed in a fair and impartial manner without regard to such factors as the party which that prepared the instrument, the relative bargaining powers of the parties or the domicile of any party. Debtor PGCSD and FFCA were COUNTY each represented by had the opportunity to consult competent legal counsel competent in advising to advise them of their obligations and liabilities hereunder.
Appears in 1 contract
Samples: Agreement for Loan and Repayment