Common use of Future Negotiations Clause in Contracts

Future Negotiations. Borrower acknowledges and agrees that (a) Lender has no obligation whatsoever to discuss, negotiate or to agree to any restructuring of the Loan, or any modification, amendment, restructuring or reinstatement of the Loan Documents or to forbear from exercising its rights and remedies under the Loan Documents, except as expressly provided in this Agreement; (b) if there are any future discussions among Lender and Borrower concerning any such restructuring, modification, amendment or reinstatement, then no restructuring, modification, amendment, reinstatement, compromise, settlement, agreement or understanding with respect to the Loan, the Loan Documents, or any aspect thereof, shall constitute a legally binding agreement or contract or have any force or effect whatsoever unless and until reduced to writing and signed by authorized representatives of the Parties; and (c) Borrower Parties shall not assert or claim in any legal proceedings or otherwise that any such agreement exists except in accordance with the terms of this Section.

Appears in 3 contracts

Samples: Forbearance Agreement (DJSP Enterprises, Inc.), Forbearance Agreement (DJSP Enterprises, Inc.), Forbearance Agreement (DJSP Enterprises, Inc.)

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Future Negotiations. Borrower acknowledges and agrees that (ai) Lender has no obligation whatsoever to discuss, negotiate or to agree to any restructuring of the Loan, or any modification, amendment, restructuring or reinstatement of the Loan Documents or to forbear from exercising its rights and remedies under the Loan Documents, except as expressly provided in this Agreement; (bii) if there are any future discussions among Lender and Borrower concerning any such restructuring, modification, amendment or reinstatement, then no restructuring, modification, amendment, reinstatement, compromise, settlement, agreement or understanding with respect to the Loan, the Loan Documents, the Properties or any aspect thereof, shall constitute a legally binding agreement or contract or have any force or effect whatsoever unless and until reduced to writing and signed by authorized representatives of the Parties; and (ciii) Borrower Parties shall not assert or claim in any legal proceedings or otherwise that any such agreement exists except in accordance with the terms of this Section.

Appears in 2 contracts

Samples: Second Loan Modification Agreement (Hospitality Investors Trust, Inc.), Loan Modification Agreement (Hospitality Investors Trust, Inc.)

Future Negotiations. Borrower acknowledges and agrees that (ai) Lender has no obligation whatsoever to discuss, negotiate or to agree to any restructuring of the Loan, or any modification, amendment, restructuring or reinstatement of the Loan Documents or to forbear from exercising its rights and remedies under the Loan Documents, except as expressly provided in this Agreement; (bii) if there are any future discussions among Lender and Borrower concerning any such restructuring, modification, amendment or reinstatement, then no restructuring, modification, amendment, reinstatement, compromise, settlement, agreement or understanding with respect to the Loan, the Loan Documents, the Property or any aspect thereof, shall constitute a legally binding agreement or contract or have any force or effect whatsoever unless and until reduced to writing and signed by authorized representatives of the Parties; and (ciii) Borrower Parties shall not assert or claim in any legal proceedings or otherwise that any such agreement exists except in accordance with the terms of this Section.

Appears in 1 contract

Samples: Documents Modification and Spreader Agreement (Kv Pharmaceutical Co /De/)

Future Negotiations. The Borrower acknowledges and agrees that (ai) Lender the Bank has no obligation whatsoever to discuss, negotiate or to agree to any restructuring of the LoanSecond Amended and Restated Term Note, or any modification, amendment, restructuring or reinstatement of the Loan Documents or to forbear from exercising its rights and remedies under the other Loan Documents, except as expressly provided in this Agreement; (bii) that if there are any future discussions among Lender the Bank and the Borrower concerning any such restructuring, modification, amendment or reinstatement, then no restructuring, modification, amendment, reinstatement, compromise, settlement, agreement or understanding with respect to the LoanSecond Amended and Restated Term Note, the other Loan Documents, the Collateral or any aspect thereof, shall constitute a legally binding agreement or contract or have any force or effect whatsoever unless and until reduced to in writing and signed by authorized representatives of the Parties; parties to be bound, and (c) Borrower Parties that none of the parties hereto shall not assert or claim in any legal proceedings or otherwise that any such agreement exists except in accordance with the terms of this Section.

Appears in 1 contract

Samples: Loan Agreement (MedPro Safety Products, Inc.)

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Future Negotiations. Borrower acknowledges and agrees that (ai) Lender has no obligation whatsoever to discuss, negotiate or to agree to any restructuring of the Loan, or any modification, amendment, restructuring or reinstatement of the Loan Documents or to forbear from exercising its rights and remedies under the Loan Documents, except as expressly provided in this Agreement; (bii) that if there are any future discussions among Lender and Borrower concerning any such restructuring, modification, amendment or reinstatement, then no restructuring, modification, amendment, reinstatement, compromise, settlement, agreement or understanding with respect to the Loan, the Loan Documents, the Property or any aspect thereof, shall constitute a legally binding agreement or contract or have any force or effect whatsoever unless and until reduced to writing and signed by authorized representatives of the Parties; parties hereto, and (c) Borrower Parties that none of the parties hereto shall not assert or claim in any legal proceedings or otherwise that any such agreement exists except in accordance with the terms of this Sectionsection.

Appears in 1 contract

Samples: Reinstatement and Modification Agreement (Angeles Partners Xii)

Future Negotiations. Borrower acknowledges and agrees that (a) Lender has no obligation whatsoever to discuss, negotiate or to agree to any restructuring of the Loan, or any modification, amendment, restructuring or reinstatement of the Loan Documents or to forbear from exercising its rights and remedies under the Loan Documents, except as expressly provided in this Agreement; (b) if there are any future discussions among Lender and Borrower concerning any such restructuring, modification, amendment or reinstatement, then no restructuring, modification, amendment, reinstatement, compromise, settlement, agreement or understanding with respect to the Loan, the Loan Documents, the Property or any aspect thereof, shall constitute a legally binding agreement or contract or have any force or effect whatsoever unless and until reduced to writing and signed by authorized representatives of the Partiesparties; and (c) Borrower Parties shall not assert or claim in any legal proceedings or otherwise that any such agreement exists except in accordance with the terms of this Sectionparagraph.

Appears in 1 contract

Samples: Forbearance Letter Agreement (Senetek PLC /Eng/)

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