Resolution of Drafting Ambiguities. The Borrower acknowledges and agrees that it was represented by counsel in connection with the execution and delivery of the Loan Documents, that it and its counsel reviewed and participated in the preparation and negotiation of the Loan Documents and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Loan Documents.
Appears in 10 contracts
Samples: Debtor in Possession Credit Agreement (Toys R Us Inc), Credit Agreement (Toys R Us Inc), Credit Agreement (Toys R Us Inc)
Resolution of Drafting Ambiguities. The Each Borrower acknowledges and agrees that it was represented by counsel in connection with the execution and delivery of the Loan DocumentsDocuments to which it is a party, that it and its counsel reviewed and participated in the preparation and negotiation of the Loan Documents hereof and thereof and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Loan Documentshereof or thereof.
Appears in 8 contracts
Samples: Loan Agreement (RCM Technologies, Inc.), Loan Agreement (RCM Technologies, Inc.), Facility Agreement
Resolution of Drafting Ambiguities. The Borrower acknowledges and agrees that it was represented by counsel in connection with the execution and delivery of the Loan DocumentsDocuments to which it is a party, that it and its counsel reviewed and participated in the preparation and negotiation of the Loan Documents hereof and thereof and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Loan Documentshereof or thereof.
Appears in 3 contracts
Samples: Credit Agreement (Chesapeake Utilities Corp), Credit Agreement (Express Parent LLC), Credit Agreement (Express Parent LLC)
Resolution of Drafting Ambiguities. The Borrower acknowledges and agrees that it was represented by counsel in connection with the execution and delivery of this Agreement and the other the Loan DocumentsDocuments to which it is a party, that it and its counsel reviewed and participated in the preparation and negotiation of the Loan Documents hereof and thereof and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Loan Documentshereof or thereof.
Appears in 3 contracts
Samples: Credit Agreement (Blueknight Energy Partners, L.P.), Credit Agreement (Blueknight Energy Partners, L.P.), Credit Agreement (Blueknight Energy Partners, L.P.)
Resolution of Drafting Ambiguities. The Each of the Borrower and the Manager acknowledges and agrees that it was represented by counsel in connection with the execution and delivery of the Loan DocumentsTransaction Documents to which it is a party, that it and its counsel reviewed and participated in the preparation and negotiation of the Loan Documents hereof and thereof and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Loan Documentshereof or thereof.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement (Genesis Lease LTD)
Resolution of Drafting Ambiguities. The Borrower acknowledges and agrees that it and each other Loan Party was represented by counsel in connection with the execution and delivery of the Loan DocumentsDocuments to which it is a party, that it and its counsel reviewed and participated in the preparation and negotiation of the Loan Documents hereof and thereof and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Loan Documentshereof or thereof.
Appears in 2 contracts
Samples: Second Amendment and Restatement Agreement (Jacobs Entertainment Inc), Amendment and Restatement Agreement (Jacobs Entertainment Inc)
Resolution of Drafting Ambiguities. The Borrower acknowledges and agrees that it was represented by counsel in connection with the execution and delivery of this Agreement and the Loan Documentsother Credit Documents to which it is a party, that it and its counsel reviewed and participated in the preparation and negotiation of the Loan Documents hereof and thereof and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Loan Documentshereof or thereof.
Appears in 2 contracts
Samples: Credit and Security Agreement (Sun Hydraulics Corp), Credit and Security Agreement (Sun Hydraulics Corp)
Resolution of Drafting Ambiguities. The U.S. Borrower acknowledges and agrees that it was represented by counsel in connection with the execution and delivery of the Loan Documents, that it and its counsel reviewed and participated in the preparation and negotiation of the Loan Documents and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Loan Documents.
Appears in 2 contracts
Samples: Credit Agreement (Carters Inc), Credit Agreement (Carters Inc)
Resolution of Drafting Ambiguities. The Lender and Borrower acknowledges and agrees acknowledge that it was they were represented by experienced counsel in connection with the preparation, execution and delivery of the Loan Documents, Documents and that it and its their counsel reviewed and participated in the preparation and negotiation negotiated all of the Loan Documents on their behalf and that any rule of construction under any applicable law to the effect that ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of any of the Loan Documents.
Appears in 1 contract
Resolution of Drafting Ambiguities. The Borrower acknowledges and agrees that it was represented by counsel in connection with the execution and delivery of the Loan DocumentsDocuments to which it is a party, that it and its counsel reviewed and participated in the preparation and negotiation of the Loan Documents hereof or thereof and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Loan Documentshereof or thereof.
Appears in 1 contract
Resolution of Drafting Ambiguities. The Borrower acknowledges and agrees that it was represented by counsel in connection with the execution and delivery of the Loan Documentshereof, that it and its counsel reviewed and participated in the preparation and negotiation of the Loan Documents hereof and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Loan Documentshereof.
Appears in 1 contract
Resolution of Drafting Ambiguities. The Each Borrower acknowledges and agrees that it was represented by counsel in connection with the execution and delivery of this Agreement and the Loan Documentsother Credit Documents to which it is a party, that it and its counsel reviewed and participated in the preparation and negotiation of the Loan Documents hereof and thereof and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Loan Documentshereof or thereof.
Appears in 1 contract
Resolution of Drafting Ambiguities. The Borrower Each Debtor acknowledges and agrees that it was represented by counsel in connection with the execution and delivery of the Loan DocumentsDocuments to which it is a party, that it and its counsel reviewed and participated in the preparation and negotiation of the Loan Documents hereof and thereof and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Loan Documentshereof or thereof.
Appears in 1 contract
Resolution of Drafting Ambiguities. The Each Borrower acknowledges and agrees that it was represented by counsel in connection with the execution and delivery of the Loan DocumentsTransaction Documents to which it is a party, that it and its counsel reviewed and participated in the preparation and negotiation of the Loan Documents hereof and thereof and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Loan Documentshereof or thereof.
Appears in 1 contract
Resolution of Drafting Ambiguities. The Borrower acknowledges and agrees that it was represented by counsel in connection with the execution and delivery of the Loan Documents, that it and its counsel reviewed and participated in the preparation and negotiation of the Loan Documents and that any rule of construction to the effect that ambiguities are to be resolved re- solved against the drafting party shall not be employed in the interpretation of the Loan Documents.
Appears in 1 contract
Samples: Second Lien Term Credit Agreement (Foamex International Inc)
Resolution of Drafting Ambiguities. The Each of the Borrower and the Servicer acknowledges and agrees that it was represented by counsel in connection with the execution and delivery of the Loan DocumentsTransaction Documents to which it is a party, that it and its counsel reviewed and participated in the preparation and negotiation of the Loan Documents hereof and thereof and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Loan Documentshereof or thereof.
Appears in 1 contract
Resolution of Drafting Ambiguities. The Borrower acknowledges and agrees that it was represented by counsel in connection with the preparation, execution and delivery of this Agreement, the Note, the Mortgage and the other Loan Documents, Documents to be executed and delivered by Borrower and that it and its Borrower's counsel reviewed and participated in the preparation and negotiation revision of all of the Loan Documents and that any rule of construction under any applicable law to the effect that ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of any of this Agreement or any other of the Loan Documents.
Appears in 1 contract
Samples: Loan Agreement (Newcare Health Corp)