Common use of Holder Acknowledgment Clause in Contracts

Holder Acknowledgment. Each Holder has read this Agreement and acknowledges that: (a) (i) Wachtell, Lipton, Xxxxx & Xxxx LLP and Xxxxx Xxxxx L.L.P. prepared this Agreement on behalf of the Company and not on behalf of any Holder, (ii) Xxxxxxxx & Xxxxx LLP prepared this Agreement on behalf of Solus Alternative Asset Management LP, South Dakota Investment Council, and Empyrean Capital Partners, LP and their Affiliates, and Affiliated Funds (including Solus and SDIC), and not on behalf of any other Holder, (iii) Xxxxx Xxxx & Xxxxxxxx LLP prepared this Agreement on behalf of certain funds and/or accounts, or Subsidiaries of such funds and/or accounts, managed, advised or controlled by Blackrock Financial Management, Inc., DW Partners, LP, Highbridge Capital Management, LLC, Oak Hill Advisors, L.P., and Whitebox Advisors LLC, or Affiliates or Subsidiaries thereof and not on behalf of any other Holder, and (iv) Xxxx, Weiss, Rifkind, Xxxxxxx & Xxxxxxxx LLP prepared this Agreement on behalf of certain funds and/or accounts, or Subsidiaries of such funds and/or accounts, managed, advised or controlled by Xxxx Capital Credit, LP and not on behalf of any other Holder; (b) each such Holder has been advised that a conflict may exist between such Holder’s interests, the interests of the other Holders, and/or the interests of the Company; (c) this Agreement may have significant legal, financial planning, and/or tax consequences to such Holder; (d) such Holder has sought, or has had the full opportunity to seek, the advice of independent legal, financial planning, and/or tax counsel of its choosing regarding such consequences; and (e) the above-named counsel has made no representations to the Holder regarding such consequences. This Agreement is for the sole benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other Person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.

Holder Acknowledgment. [Each Holder has read this Agreement and acknowledges that: (a) (i) Wachtell, Lipton, Xxxxx & Xxxx LLP and Xxxxx Xxxxx L.L.P. prepared this Agreement on behalf of the Company and not on behalf of any Holder, (ii) Xxxxxxxx & Xxxxx LLP prepared this Agreement on behalf of Solus Alternative Asset Management LP, South Dakota Investment Council, and Empyrean Capital Partners, LP and their Affiliates, and Affiliated Funds (including Solus and SDIC), and not on behalf of any other Holder, (iii) Xxxxx Xxxx & Xxxxxxxx LLP prepared this Agreement on behalf of certain funds and/or accounts, or Subsidiaries of such funds and/or accounts, managed, advised or controlled by Blackrock Financial Management, Inc., DW Partners, LP, Highbridge Capital Management, LLC, Oak Hill Advisors, L.P., and Whitebox Advisors LLC, or Affiliates or Subsidiaries thereof and not on behalf of any other Holder, and (iv) Xxxx, Weiss, Rifkind, Xxxxxxx & Xxxxxxxx LLP prepared this Agreement on behalf of certain []certain funds and/or accounts, or Subsidiaries of such funds and/or accounts, managed, advised or controlled by Xxxx Capital Credit, LP and not on behalf of any other Holder; (b) each such Holder has been advised that a conflict may exist between such Holder’s 's interests, the interests of the other Holders, and/or the interests of the Company; (c) this Agreement may have significant legal, financial planning, and/or tax consequences to such Holder; (d) such Holder has sought, or has had the full opportunity to seek, the advice of independent legal, financial planning, and/or tax counsel of its choosing regarding such consequences; and (e) the above-named counsel has made no representations to the Holder regarding such consequences. This Agreement is for the sole benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other Person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.].

Holder Acknowledgment. [Each Holder has read this Agreement and acknowledges that: (a) (i) Wachtell, Lipton, Xxxxx & Xxxx LLP and Xxxxx Xxxxx L.L.P. prepared this Agreement on behalf of the Company and not on behalf of any Holder, (ii) Xxxxxxxx & Xxxxx LLP prepared this Agreement on behalf of Solus Alternative Asset Management LP, South Dakota Investment Council, and Empyrean Capital Partners, LP and their Affiliates, and Affiliated Funds (including Solus and SDIC), and not on behalf of any other Holder, (iii) Xxxxx Xxxx & Xxxxxxxx LLP prepared this Agreement on behalf of certain funds and/or accounts, or Subsidiaries of such funds and/or accounts, managed, advised or controlled by Blackrock Financial Management, Inc., DW Partners, LP, Highbridge Capital Management, LLC, Oak Hill Advisors, L.P., and Whitebox Advisors LLC, or Affiliates or Subsidiaries thereof and not on behalf of any other Holder, and (iv) Xxxx, Weiss, Rifkind, Xxxxxxx & Xxxxxxxx LLP prepared this Agreement on behalf of certain funds and/or accounts, or Subsidiaries of such funds and/or accounts, managed, advised or controlled by Xxxx Capital Credit, LP [] and not on behalf of any other Holder; (b) each such Holder has been advised that a conflict may exist between such Holder’s interests, the interests of the other Holders, and/or the interests of the Company; (c) this Agreement may have significant legal, financial planning, and/or tax consequences to such Holder; (d) such Holder has sought, or has had the full opportunity to seek, the advice of independent legal, financial planning, and/or tax counsel of its choosing regarding such consequences; and (e) the above-named counsel has made no representations to the Holder regarding such consequences. This Agreement is for the sole benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other Person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.]