Common use of DTPA Waiver Clause in Contracts

DTPA Waiver. Borrower acknowledges and agrees, on Borrower's own behalf and on behalf of any permitted assigns and successors hereafter, that the DTPA is not applicable to this transaction. Accordingly, Borrower's rights and remedies with respect to the transaction contemplated under this Agreement and with respect to all acts or practices of Lender, past, present or future, in connection with such transaction, shall be governed by legal principles other than the DTPA. In furtherance thereof, Borrower agrees as follows: (a) Borrower represents that Borrower has the knowledge and experience in financial and business matters that enable Borrower to evaluate the merits and risks of the business transaction that is the subject of this Agreement. Borrower also represents that Borrower is not in a significantly disparate bargaining position in relation to Lender. Borrower has negotiated the loan documents with Lender at arm's length and have willingly entered into the loan documents. (b) Borrower represents that (i) Borrower has been represented by Jackson Walker L L P. as legal counsel in the transxxxxxx xxxxxxxlated by this Agreement and (ii) such legal counsel was not directly or indirectly identified, suggested or selected by Lender or an agent of Lender. (c) This Agreement relates to a transaction involving total consideration by Borrower of more than $100,000.00 and does not involve the Borrower's residence. Borrower agrees, on Borrower's own behalf and on behalf of Borrower's permitted assigns and successors, that all of the Borrower' rights and remedies under the DTPA are WAIVED AND RELEASED, including specifically, without limitation, all rights and remedies under the DTPA resulting from or arising out of any and all acts or practices of Lender in connection with this transaction, whether such acts or practices occur before or after the execution of this Agreement. In furtherance thereof, Borrower agrees that by signing this Agreement, Borrower and any permitted assigns and successors are bound by the following waiver:

DTPA Waiver. Borrower Mortgagor acknowledges and agrees, on BorrowerMortgagor's own behalf and on behalf of any permitted assigns and successors hereafter, that the DTPA is not applicable to this transaction. Accordingly, BorrowerMortgagor's rights and remedies with respect to the transaction contemplated under this Mortgage and the Credit Agreement and with respect to all acts or practices of LenderMortgagee and Trustee, past, present or future, in connection with such transaction, shall be governed by legal principles other than the DTPA. In furtherance thereof, Borrower Mortgagor agrees as follows: (a) Borrower Mortgagor represents that Borrower Mortgagor has the knowledge and experience in financial and business matters that enable Borrower Mortgagor to evaluate the merits and risks of the business transaction that is the subject of this Mortgage and the Credit Agreement. Borrower Mortgagor also represents that Borrower Mortgagor is not in a significantly disparate bargaining position in relation to LenderMortgagee and Trustee. Borrower Mortgagor has negotiated the loan documents with Lender Mortgagee and Trustee at arm's length and have willingly entered into the loan documents. (b) Borrower Mortgagor represents that (i) Borrower Mortgagor has been represented by Jackson Walker L L P. the firm of Gardere & Wynnx, X.L.P. as legal counsel in the transxxxxxx xxxxxxxlated transaction contemplated by this Mortgage and the Credit Agreement and (ii) such legal counsel was not directly or indirectly identified, suggested or selected by Lender Mortgagee and Trustee or an agent of LenderMortgagee and Trustee. (c) This Mortgage and the Credit Agreement relates relate to a transaction involving total consideration by Borrower Mortgagor of more than $100,000.00 and does not involve the BorrowerMortgagor's residence. Borrower Mortgagor agrees, on BorrowerMortgagor's own behalf and on behalf of BorrowerMortgagor's permitted assigns and successors, that all of the Borrower' Mortgagor's rights and remedies under the DTPA are WAIVED AND RELEASED, including specifically, without limitation, all rights and remedies under the DTPA resulting from or arising out of any and all acts or practices of Lender Mortgagee and Trustee in connection with this transaction, whether such acts or practices occur before or after the execution of this AgreementMortgage. In furtherance thereof, Borrower Mortgagor agrees that by signing this AgreementMortgage, Borrower Mortgagor and any permitted assigns and successors are bound by the following waiver:: WAIVER OF CONSUMER RIGHTS. MORTGAGOR WAIVES ITS RIGHTS UNDER THE DECEPTIVE TRADE PRACTICES--CONSUMER PROTECTION ACT, SECTION 17.41 ET SEQ., BUSINESS & COMMERCE CODE, A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTION. AFTER CONSULTATION WITH AN ATTORNEY OF MORTGAGOR'S OWN SELECTION, MORTGAGOR VOLUNTARILY CONSENTS TO THIS WAIVER.

DTPA Waiver. Borrower Xxxxxxxx acknowledges and agrees, on Borrower's Xxxxxxxx’s own behalf and on behalf of any permitted assigns and successors hereafter, that the DTPA is not applicable to this transaction. Accordingly, Borrower's Xxxxxxxx’s rights and remedies with respect to the transaction contemplated under this Agreement and with respect to all acts or practices of Lender, past, present or future, in connection with such transaction, shall be governed by legal principles other than the DTPA. In furtherance thereof, Borrower Xxxxxxxx agrees as follows: (a) Borrower represents that Borrower Xxxxxxxx has the knowledge and experience in financial and business matters that enable Borrower to evaluate the merits and risks of the business transaction that is the subject of this Agreement. Borrower Xxxxxxxx also represents that Borrower is not in a significantly disparate bargaining position in relation to Lender. Borrower Xxxxxxxx has negotiated the loan documents with Lender Xxxxxx at arm's ’s length and have has willingly entered into the loan documents. (b) Borrower represents that (i) Borrower has been represented by Jackson Walker L L P. as legal counsel in the transxxxxxx xxxxxxxlated transaction contemplated by this Agreement and (ii) such legal counsel was not directly or indirectly identified, suggested or selected by Lender Xxxxxx or an agent of Lender. (c) This Agreement relates to a transaction involving total consideration by Borrower of more than $100,000.00 100,000 and does not involve the Borrower's Xxxxxxxx’s residence. Borrower Xxxxxxxx agrees, on Borrower's Xxxxxxxx’s own behalf and on behalf of Borrower's Xxxxxxxx’s permitted assigns and successors, that all of the Borrower' Xxxxxxxx’s rights and remedies under the DTPA are WAIVED AND RELEASED, including specifically, without limitation, all rights and remedies under the DTPA resulting from or arising out of any and all acts or practices of Lender in connection with this transaction, whether such acts or practices occur before or after the execution of this Agreement. In furtherance thereof, Borrower Xxxxxxxx agrees that by signing this Agreement, Borrower Xxxxxxxx and any permitted assigns and successors are bound by the following waiver:: WAIVER OF CONSUMER RIGHTS. BORROWER HEREBY WAIVES ITS RIGHTS UNDER THE DECEPTIVE TRADE PRACTICES - CONSUMER PROTECTION ACT, SECTION 17.41 ET. SEQ. TEXAS BUSINESS & COMMERCE CODE, A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. AFTER CONSULTATION WITH AN ATTORNEY OF XXXXXXXX’S OWN SELECTION, BORROWER VOLUNTARILY CONSENTS TO THIS WAIVER.

DTPA Waiver. Borrower acknowledges and agreesGuarantor acknowledge and agree, on Borrower's ’s and Guarantor’s own behalf and on behalf of any permitted assigns and successors hereafter, that the DTPA is not applicable to this transaction. Accordingly, Borrower's ’s and Guarantor’s rights and remedies with respect to the transaction contemplated under this Agreement and with respect to all acts or practices of Lenderthe Bank, past, present or future, in connection with such transaction, shall be governed by legal principles other than the DTPA. In furtherance thereof, Borrower agrees and Guarantor agree as follows: (a) Borrower represents and Guarantor represent that Borrower and Guarantor each has the knowledge and experience in financial and business matters that enable Borrower them to evaluate the merits and risks of the business transaction that is the subject of this Agreement. Borrower and Guarantor also represents represent that neither Borrower nor Guarantor is not in a significantly disparate bargaining position in relation to Lenderthe Bank. Borrower has and Guarantor have negotiated the loan documents with Lender the Bank at arm's ’s length and have willingly entered into the loan documentsLoan Papers. (b) Borrower represents and Guarantor represent that (i) Borrower has and Guarantor have been represented by Jackson Walker L L P. the firm of Xxxxx & Xxxxx, P.C., as legal counsel in the transxxxxxx xxxxxxxlated transaction contemplated by this Agreement and (ii) such legal counsel was not directly or indirectly identified, suggested or selected by Lender the Bank or an agent of Lender. (c) This Agreement relates to a transaction involving total consideration by Borrower of more than $100,000.00 and does not involve the Borrower's ’s or Guarantor’s residence. Borrower agreesand Guarantor agree, on Borrower's ’s and Guarantor’s own behalf and on behalf of Borrower's ’s and Guarantor’s permitted assigns and successors, that all of the Borrower' ’s and Guarantor’s rights and remedies under the DTPA are WAIVED AND RELEASED, including specifically, without limitation, all rights and remedies under the DTPA resulting from or arising out of any and all acts or practices of Lender Bank in connection with this transaction, whether such acts or practices occur before or after the execution of this Agreement. In furtherance thereof, Borrower agrees and Guarantor agree that by signing this Agreement, Borrower and Guarantor and any permitted assigns and successors are bound by the following waiver:

DTPA Waiver. Borrower Mortgagor acknowledges and agrees, on BorrowerMortgagor's own behalf and on behalf of any permitted assigns and successors hereafter, that the DTPA is not applicable to this transaction. Accordingly, BorrowerMortgagor's rights and remedies with respect to the transaction contemplated under this Agreement Mortgage and the Indenture and with respect to all acts or practices of LenderMortgagee and Trustee, past, present or future, in connection with such transaction, shall be governed by legal principles other than the DTPA. In furtherance thereof, Borrower Mortgagor agrees as follows: (a) Borrower Mortgagor represents that Borrower Mortgagor has the knowledge and experience in financial and business matters that enable Borrower Mortgagor to evaluate the merits and risks of the business transaction that is the subject of this AgreementMortgage and the Indenture. Borrower Mortgagor also represents that Borrower Mortgagor is not in a significantly disparate bargaining position in relation to LenderMortgagee and Trustee. Borrower Mortgagor has negotiated the loan documents with Lender Mortgagee and Trustee at arm's length and have willingly entered into the loan documents. (b) Borrower Mortgagor represents that (i) Borrower Mortgagor has been represented by Jackson Walker L L P. the firm of Gardere & Wynnx, X.L.P. as legal counsel in the transxxxxxx xxxxxxxlated transaction contemplated by this Agreement Mortgage and the Indenture and (ii) such legal counsel was not directly or indirectly identified, suggested or selected by Lender Mortgagee and Trustee or an agent of LenderMortgagee and Trustee. (c) This Agreement relates Mortgage and the Indenture relate to a transaction involving total consideration by Borrower Mortgagor of more than $100,000.00 and does not involve the BorrowerMortgagor's residence. Borrower Mortgagor agrees, on BorrowerMortgagor's own behalf and on behalf of BorrowerMortgagor's permitted assigns and successors, that all of the Borrower' Mortgagor's rights and remedies under the DTPA are WAIVED AND RELEASED, including specifically, without limitation, all rights and remedies under the DTPA resulting from or arising out of any and all acts or practices of Lender Mortgagee and Trustee in connection with this transaction, whether such acts or practices occur before or after the execution of this AgreementMortgage. In furtherance thereof, Borrower Mortgagor agrees that by signing this AgreementMortgage, Borrower Mortgagor and any permitted assigns and successors are bound by the following waiver:: Waiver of Consumer Rights. Mortgagor waives its rights under the Deceptive Trade Practices--Consumer Protection Act, Section 17.41 et seq., Business & Commerce Code, a law that gives consumers special rights and protection. After consultation with an attorney of Mortgagor's own selection, Mortgagor voluntarily consents to this waiver.

DTPA Waiver. Each Borrower acknowledges and agrees, on such Borrower's ’s own behalf and on behalf of any permitted assigns and successors hereafter, that the DTPA is not applicable to this transaction. Accordingly, such Borrower's ’s rights and remedies with respect to the transaction contemplated under this Agreement and with respect to all acts or practices of LenderSecured Party, past, present or future, in connection with such transaction, shall be governed by legal principles other than the DTPA. In furtherance thereof, each Borrower agrees as follows: (a) Each Borrower represents that such Borrower has the knowledge and experience in financial and business matters that enable such Borrower to evaluate the merits and risks of the business transaction that is the subject of this Agreement. Each Borrower also represents that such Borrower is not in a significantly disparate bargaining position in relation to LenderSecured Party. Each Borrower has negotiated the loan documents this Agreement with Lender Secured Party at arm's ’s length and have has willingly entered into the loan documentsthis Agreement. (b) Each Borrower represents that (i) such Borrower has been represented by Jackson Walker L L P. the firm of Xxxxxxx & Xxxxxx, P.C., as legal counsel in the transxxxxxx xxxxxxxlated transaction contemplated by this Agreement and (ii) such legal counsel was not directly or indirectly identified, suggested or selected by Lender Secured Party or an agent of LenderSecured Party. (c) This Agreement relates to a transaction involving total consideration by Borrower Borrowers of more than $100,000.00 and does not involve the any Borrower's ’s residence. . (d) Each Borrower agrees, on such Borrower's ’s own behalf and on behalf of such Borrower's ’s permitted assigns and successors, that all of the such Borrower' ’s rights and remedies under the DTPA are WAIVED AND RELEASED, including specifically, without limitation, all rights and remedies under the DTPA resulting from or arising out of any and all acts or practices of Lender Secured Party in connection with this transaction, whether such acts or practices occur before or after the execution of this Agreement. . (e) In furtherance thereof, each Borrower agrees that by signing this Agreement, such Borrower and any permitted assigns and successors are bound by the following waiver:

DTPA Waiver. Borrower Bxxxxxxx acknowledges and agrees, on Borrower's Bxxxxxxx’s own behalf and on behalf of any permitted assigns and successors hereafter, that the DTPA is not applicable to this transaction. Accordingly, Borrower's Bxxxxxxx’s rights and remedies with respect to the transaction contemplated under this Agreement and with respect to all acts or practices of Lender, past, present or future, in connection with such transaction, shall be governed by legal principles other than the DTPA. In furtherance thereof, Borrower Bxxxxxxx agrees as follows: (a) Borrower represents that Borrower Bxxxxxxx has the knowledge and experience in financial and business matters that enable Borrower to evaluate the merits and risks of the business transaction that is the subject of this Agreement. Borrower Bxxxxxxx also represents that Borrower is not in a significantly disparate bargaining position in relation to Lender. Borrower Bxxxxxxx has negotiated the loan documents with Lender Lxxxxx at arm's ’s length and have willingly entered into the loan documents. (b) Borrower Bxxxxxxx represents that (i) Borrower Bxxxxxxx has been represented by Jackson Walker L L P. the firm of Lxxxxxx Xxxxxxxx LLP, as legal counsel in the transxxxxxx xxxxxxxlated transaction contemplated by this Agreement and (ii) such legal counsel was not directly or indirectly identified, suggested or selected by Lender Lxxxxx or an agent of Lender. (c) This Agreement relates to a transaction involving total consideration by Borrower of more than $100,000.00 and does not involve the Borrower's Bxxxxxxx’s residence. Borrower Bxxxxxxx agrees, on Borrower's Bxxxxxxx’s own behalf and on behalf of Borrower's Bxxxxxxx’s permitted assigns and successors, that all of the Borrower' Bxxxxxxx’s rights and remedies under the DTPA are WAIVED AND RELEASED, including specifically, without limitation, all rights and remedies under the DTPA resulting from or arising out of any and all acts or practices of Lender in connection with this transaction, whether such acts or practices occur before or after the execution of this Agreement. In furtherance thereof, Borrower Bxxxxxxx agrees that by signing this Agreement, Borrower Bxxxxxxx and any permitted assigns and successors are bound by the following waiver:

DTPA Waiver. Each Borrower acknowledges and agrees, on such Borrower's ’s own behalf and on behalf of any permitted assigns and successors hereafter, that the DTPA is not applicable to this transaction. Accordingly, such Borrower's ’s rights and remedies with respect to the transaction contemplated under this Agreement and with respect to all acts or practices of Lender, past, present or future, in connection with such transaction, shall be governed by legal principles other than the DTPA. In furtherance thereof, each Borrower agrees as follows: (a) Each Borrower represents that such Borrower has the knowledge and experience in financial and business matters that enable such Borrower to evaluate the merits and risks of the business transaction that is the subject of this Agreement. Each Borrower also represents that such Borrower is not in a significantly disparate bargaining position in relation to Lender. Each Borrower has negotiated the loan documents with Lender at arm's ’s length and have has willingly entered into the loan documents. (b) Each Borrower represents that (i) such Borrower has been represented by Jackson Walker L L P. the firm of Xxxxxxx & Xxxxxx, P.C., as legal counsel in the transxxxxxx xxxxxxxlated transaction contemplated by this Agreement and (ii) such legal counsel was not directly or indirectly identified, suggested or selected by Lender or an agent of Lender. (c) This Agreement relates to a transaction involving total consideration by Borrower Borrowers of more than $100,000.00 and does not involve the any Borrower's ’s residence. . (d) Each Borrower agrees, on such Borrower's ’s own behalf and on behalf of such Borrower's ’s permitted assigns and successors, that all of the such Borrower' ’s rights and remedies under the DTPA are WAIVED AND RELEASED, including specifically, without limitation, all rights and remedies under the DTPA resulting from or arising out of any and all acts or practices of Lender in connection with this transaction, whether such acts or practices occur before or after the execution of this Agreement. . (e) In furtherance thereof, each Borrower agrees that by signing this Agreement, such Borrower and any permitted assigns and successors are bound by the following waiver:: WAIVER OF CONSUMER RIGHTS. EACH BORROWER HEREBY WAIVES ITS RIGHTS UNDER THE DECEPTIVE TRADE PRACTICES - CONSUMER PROTECTION ACT, SECTION 17.41 ET. SEQ. BUSINESS & COMMERCE CODE, A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. AFTER CONSULTATION WITH AN ATTORNEY OF SUCH BORROWER’S OWN SELECTION, EACH BORROWER VOLUNTARILY CONSENTS TO THIS WAIVER. EACH BORROWER HAS READ AND UNDERSTANDS SECTION 9.7 HEREOF: [____________] (INITIALS) (BORROWERS)

DTPA Waiver. Each Borrower acknowledges and agrees, on such Borrower's ’s own behalf and on behalf of any permitted assigns and successors hereafter, that the DTPA is not applicable to this transaction. Accordingly, such Borrower's ’s rights and remedies with respect to the transaction contemplated under this Agreement and with respect to all acts or practices of Lender, past, present or future, in connection with such transaction, shall be governed by legal principles other than the DTPA. In furtherance thereof, each Borrower agrees as follows: (a) Each Borrower represents that such Borrower has the knowledge and experience in financial and business matters that enable such Borrower to evaluate the merits and risks of the business transaction that is the subject of this Agreement. Each Borrower also represents that such Borrower is not in a significantly disparate bargaining position in relation to Lender. Each Borrower has negotiated the loan documents with Lender at arm's ’s length and have has willingly entered into the loan documents. (b) Each Borrower represents that (i) such Borrower has been represented by Jackson Walker L L P. the firm of Xxxxxxx & Xxxxxx, P.C., as legal counsel in the transxxxxxx xxxxxxxlated transaction contemplated by this Agreement and (ii) such legal counsel was not directly or indirectly identified, suggested or selected by Lender or an agent of Lender. (c) This Agreement relates to a transaction involving total consideration by Borrower Borrowers of more than $100,000.00 and does not involve the any Borrower's ’s residence. Each Borrower agrees, on such Borrower's ’s own behalf and on behalf of such Borrower's ’s permitted assigns and successors, that all of the such Borrower' ’s rights and remedies under the DTPA are WAIVED AND RELEASED, including specifically, without limitation, all rights and remedies under the DTPA resulting from or arising out of any and all acts or practices of Lender in connection with this transaction, whether such acts or practices occur before or after the execution of this Agreement. In furtherance thereof, each Borrower agrees that by signing this Agreement, such Borrower and any permitted assigns and successors are bound by the following waiver:

DTPA Waiver. Borrower acknowledges and agrees, on Borrower's own behalf and on behalf of any permitted assigns and successors hereafter, that the DTPA is not applicable to this transaction. Accordingly, Borrower's rights and remedies with respect to the transaction contemplated under this Agreement and with respect to all acts or practices of Lender, past, present or future, in connection with such transaction, shall be governed by legal principles other than the DTPA. In furtherance thereof, Borrower agrees as follows: (a) Borrower represents that Borrower has the knowledge and experience in financial and business matters that enable Borrower to evaluate the merits and risks of the business transaction that is the subject of this Agreement. Borrower also represents that Borrower is not in a significantly disparate bargaining position in relation to Lender. Borrower has negotiated the loan documents with Lender at arm's length and have willingly entered into the loan documents. (b) Borrower represents that (i) Borrower has been represented by Jackson Walker L L P. the firm of Xxxxx and Xxxxx, as legal counsel in the transxxxxxx xxxxxxxlated transaction contemplated by this Agreement and (ii) such legal counsel was not directly or indirectly identified, suggested or selected by Lender or an agent of Lender. (c) This Agreement relates to a transaction involving total consideration by Borrower of more than $100,000.00 and does not involve the Borrower's residence. Borrower agrees, on Borrower's own behalf and on behalf of Borrower's permitted assigns and successors, that all of the Borrower' 's rights and remedies under the DTPA are WAIVED AND RELEASED, including specifically, without limitation, all rights and remedies under the DTPA resulting from or arising out of any and all acts or practices of Lender in connection with this transaction, whether such acts or practices occur before or after the execution of this Agreement. In furtherance thereof, Borrower agrees that by signing this Agreement, Borrower and any permitted assigns and successors are bound by the following waiver:: WAIVER OF CONSUMER RIGHTS. BORROWER HEREBY WAIVES ITS RIGHTS UNDER THE DECEPTIVE TRADE PRACTICES - CONSUMER PROTECTION ACT, SECTION 17.41 ET. SEQ. BUSINESS & COMMERCE CODE, A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. AFTER CONSULTATION WITH AN ATTORNEY OF BORROWER'S OWN SELECTION, BORROWER VOLUNTARILY CONSENTS TO THIS WAIVER. BORROWER HAS READ AND UNDERSTANDS SECTION 8.23: /s/ XXX (INITIALS) -------------