Controlling Agreement. In the event of any conflict between the provisions of this Note and the Loan Agreement, it is the intent of the parties hereto that the provisions of the Loan Agreement shall control. In the event of any conflict between the provisions of this Note and any of the other Loan Documents (other than the Loan Agreement), it is the intent of the parties hereto that the provisions of this Note shall control. The parties hereto acknowledge that they were represented by competent counsel in connection with the negotiation, drafting and execution of this Note and the other Loan Documents and that this Note and the other Loan Documents shall not be subject to the principle of construing their meaning against the party which drafted same.
Appears in 10 contracts
Samples: Innovative Food Holdings Inc, Innovative Food Holdings Inc, Innovative Food Holdings Inc
Controlling Agreement. In the event of any conflict between the provisions of this Note and the Loan Credit Agreement, it is the intent of the parties hereto that the provisions of the Loan Credit Agreement shall control. In the event of any conflict between the provisions of this Note and any of the other Loan Documents (other than the Loan Credit Agreement), it is the intent of the parties hereto that the provisions of this Note shall control. The parties hereto acknowledge that they were represented by competent counsel in connection with the negotiation, drafting and execution of this Note and the other Loan Documents and that this Note and the other Loan Documents shall not be subject to the principle of construing their meaning against the party which drafted same.
Appears in 4 contracts
Samples: Credit Agreement (Harte Hanks Inc), Note Purchase Agreement (Harte Hanks Inc), Note Purchase Agreement (Harte Hanks Inc)
Controlling Agreement. In the event of any conflict between the provisions of this Note and the Loan Credit Agreement, it is the intent of the parties hereto that the provisions of the Loan Credit Agreement shall control. In the event of any conflict between the provisions of this Note and any of the other Loan Documents (other than the Loan Credit Agreement), it is the intent of the parties hereto that the provisions of this Note shall control. The parties hereto acknowledge that they were represented by competent counsel in connection with the negotiation, drafting and execution of this Note and the other Loan Documents and that this Note and the other Loan Documents shall not be subject to the principle of construing their meaning against the party which drafted same. Notices . Whenever any notice is required or permitted to be given under the terms of this Note, the same shall be given in accordance with Section 11.11 of the Credit Agreement.
Appears in 3 contracts
Samples: Credit and Security Agreement (loanDepot, Inc.), Credit and Security Agreement (loanDepot, Inc.), Credit and Security Agreement (loanDepot, Inc.)
Controlling Agreement. In the event of any conflict between the provisions of this Note and the Loan Agreement, it is the intent of the parties hereto that the provisions of the Loan Agreement shall control. In the event of any conflict between the provisions of this Note and any of the other Loan Documents (other than the Loan Agreement), it is the intent of the parties hereto that the provisions of this Note shall control. The parties hereto acknowledge that they were represented by competent counsel in connection with the negotiation, drafting and execution of this Note and the other Loan Documents and that this Note and the other Loan Documents shall not be subject to the principle of construing their meaning against the party which that drafted same.
Appears in 1 contract
Samples: IMH Financial Corp
Controlling Agreement. In the event of any conflict between the provisions of this Note Deed of Trust and the Loan Agreement, it is the intent of the parties hereto that the provisions of the Loan Agreement shall control. In the event of any conflict between the provisions of this Note Deed of Trust and any of the other Loan Documents (other than the Loan Agreement), it is the intent of the parties hereto that the provisions of this Note Deed of Trust shall control. The parties hereto acknowledge that they were represented by competent counsel in connection with the negotiation, drafting and execution of this Note and the other Loan Documents and that this Note and the other such Loan Documents shall not be subject to the principle of construing their meaning against the party which drafted same.
Appears in 1 contract
