Common use of Entire Agreement Construction Amendments and Waivers Clause in Contracts

Entire Agreement Construction Amendments and Waivers. (a) This Agreement, the Note and each of the other Loan Documents dated as of the date hereof, taken together, constitute and contain the entire agreement between Borrower and Lender and supersede any and all prior agreements, negotiations, correspondence, understandings and communications between the parties, whether written or oral, respecting the subject matter hereof. (b) This Agreement is the result of negotiations between and has been reviewed by each of Borrower, Lender and their respective counsel; accordingly, this Agreement shall be deemed to be the product of the parties hereto, and no ambiguity shall be construed in favor of or against Borrower or Lender. Borrower and Lender agree that they intend the literal words of this Agreement and the other Loan Documents and that no parol evidence shall be necessary or appropriate to establish Borrower's or Lender's actual intentions. (c) Any and all amendments, modifications, discharges or waivers of, or consents to any departures from any provision of this Agreement or of any of the other Loan Documents shall not be effective unless set forth in a writing signed by Borrower and Lender. Any waiver or consent with respect to any provision of the Loan Documents shall be effective only in the specific instance and for the specific purpose for which it was given. No notice to or demand on Borrower in any case shall entitle Borrower to any other or further notice or demand in similar or other circumstances.

Entire Agreement Construction Amendments and Waivers. (a) This Agreement, the Note Agreement and each of the other Loan Documents dated as of the date hereof, taken together, constitute and contain the entire agreement between Borrower and Lender and supersede any and all prior agreements, negotiations, correspondence, understandings and communications between the parties, whether written or oral, respecting the subject matter hereof. (b) This Agreement is the result of negotiations between and has been reviewed by each of Borrower, Borrower and Lender executing this Agreement as of the date hereof and their respective counsel; accordingly, this Agreement shall be deemed to be the product of the parties hereto, and no ambiguity shall be construed in favor of or against Borrower or Lender. Borrower and Lender agree that they intend the literal words of this Agreement and the other Loan Documents and that no parol evidence shall be necessary or appropriate to establish Borrower's or Lender's actual intentions. (c) Any and all amendments, modifications, discharges or waivers of, or consents to any departures from any provision of this Agreement or of any of the other Loan Documents shall not be effective unless set forth in a writing signed by Borrower and without the written consent of Lender. Any waiver or consent with respect to any provision of the Loan Documents shall be effective only in the specific instance and for the specific purpose for which it was given. No notice to or demand on Borrower in any case shall entitle Borrower to any other or further notice or demand in similar or other circumstances. Any amendment, modification, waiver or consent effected in accordance with this Section 12.4 shall be binding upon Lender and on Borrower.

Entire Agreement Construction Amendments and Waivers. (a) This Agreement, the Note Agreement constitutes and each of the other Loan Documents dated as of the date hereof, taken together, constitute and contain contains the entire agreement between Borrower among the Securities Holders, and Lender and supersede supersedes any and all prior agreements, negotiations, correspondence, understandings and communications between the parties, whether written or oral, respecting the subject matter hereof. (b) This Agreement is the result of negotiations between and has been reviewed by each of Borrower, Lender the Securities Holders executing this Agreement as of the date hereof and their respective counsel; accordingly, this Agreement shall be deemed to be the product of the parties hereto, and no ambiguity shall be construed in favor of or against Borrower or Lenderany party. Borrower and Lender agree Each of the Securities Holders agrees that they intend it intends the literal words of this Agreement and the other Loan Documents and that no parol evidence shall be necessary or appropriate to establish Borrower's or Lender's any of their actual intentions. (c) Any and all amendments, modifications, discharges or waivers of, or consents to any departures from any provision of this Agreement or of any of the other Loan Documents shall not be effective unless set forth in a writing signed by Borrower and Lenderwithout the written consent of each Security Holder against which enforcement of the same is sought. Any waiver or consent with respect to any provision of the Loan Documents this Agreement shall be effective only in the specific instance and for the specific purpose for which it was given. No notice to Any amendment, modification, waiver or demand on Borrower consent effected in any case accordance with this Section 10.5(c) shall entitle Borrower to any other or further notice or demand in similar or other circumstancesbe binding upon each Security Holder.

Entire Agreement Construction Amendments and Waivers. (a) This Agreement, the Note Agreement and each of the other Loan Documents dated as of the date hereof, hereof taken together, constitute and contain the entire agreement between Borrower and Lender and supersede any and all prior agreements, negotiations, correspondence, understandings and communications between the parties, whether written or oral, respecting the subject matter hereof. (b) This Agreement is the result of negotiations between and has been reviewed by each of Borrower, Borrower and Lender executing this Agreement as of the date hereof and their respective counsel; accordinglyACCORDINGLY, this Agreement shall be deemed to be the product of the parties hereto, and no ambiguity shall be construed in favor of or against Borrower or Lender. Borrower and Lender agree that they intend the literal words of this Agreement and the other Loan Documents and that no parol evidence shall be necessary or appropriate to establish Borrower's or Lender's actual intentions. (c) Any and all amendments, modifications, discharges or waivers of, or consents to any departures from any provision of this Agreement or of any of the other Loan Documents shall not be effective unless set forth in a writing signed by Borrower and without the written consent of Lender. Any waiver or consent with respect to any provision of the Loan Documents shall be effective only in the specific instance and for the specific purpose for which it was given. No notice to or demand on Borrower in any case shall entitle Borrower to any other or further notice or demand in similar or other circumstances. Any amendment, modification, waiver or consent effected in accordance with this SECTION 12.4 shall be binding upon Lender and on Borrower.

Entire Agreement Construction Amendments and Waivers. (a) This Agreement, the Note Agreement and each of the other Loan Documents dated as of the date hereof, taken together, constitute and contain the entire agreement between among Borrower and Lender Lenders and supersede any and all prior agreements, negotiations, correspondence, understandings and communications between the parties, whether written or oral, respecting the subject matter hereof. (b) This Agreement is the result of negotiations between and has been reviewed by each of Borrower, Lender Borrower and Lenders executing this Agreement as of the date hereof and their respective counsel; accordingly, this Agreement shall be deemed to be the product of the parties hereto, and no ambiguity shall be construed in favor of or against Borrower or LenderLenders. Borrower and Lender Lenders agree that they intend the literal words of this Agreement and the other Loan Documents and that no parol evidence shall be necessary or appropriate to establish Borrower's or any Lender's actual intentions. (c) Any and all amendments, modifications, discharges or waivers of, or consents to any departures from any provision of this Agreement or of any of the other Loan Documents shall not be effective unless set forth in a writing signed by Borrower and Lenderwithout the written consent of each party. Any waiver or consent with respect to any provision of the Loan Documents shall be effective only in the specific instance and for the specific purpose for which it was given. No notice to or demand on Borrower in any case shall entitle Borrower to any other or further notice or demand in similar or other circumstances. Any amendment, modification, waiver or consent effected in accordance with this Section 12.4 shall be binding upon each Lender and on Borrower.