Review and Construction of Documents. The Borrower (a) has had the opportunity to consult with legal counsel of its own choice and has been afforded an opportunity to review this Amendment with its legal counsel, (b) has reviewed this Amendment and fully understands the effects thereof and all terms and provisions contained in this Amendment, and (c) has executed this Amendment of its own free will and volition. Furthermore, the Borrower acknowledges that (i) this Amendment shall be construed as if jointly drafted by the Borrower and the Lenders, and (ii) the recitals contained in this Amendment shall be construed to be part of the operative terms and provisions of this Amendment.
Appears in 3 contracts
Samples: Credit Agreement, Credit Agreement (Southcross Energy Partners, L.P.), Second Amended and Restated Credit Agreement (Southcross Energy Partners, L.P.)
Review and Construction of Documents. The Borrower (a%3) has had the opportunity to consult with legal counsel of its own choice and has been afforded an opportunity to review this Amendment with its legal counsel, (b%3) has reviewed this Amendment and fully understands the effects thereof and all terms and provisions contained in this Amendment, and (c%3) has executed this Amendment of its own free will and volition. Furthermore, the Borrower acknowledges that (i%4) this Amendment shall be construed as if jointly drafted by the Borrower and the Lenders, and (ii%4) the recitals contained in this Amendment shall be construed to be part of the operative terms and provisions of this Amendment.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement (Southcross Energy Partners, L.P.)
Review and Construction of Documents. The Borrower hereby acknowledges and represents and warrants to Administrative Agent and the Banks that (a) Borrower has had the opportunity to consult with legal counsel of its own choice and has been afforded an opportunity to review this Amendment with its legal counsel, (b) Borrower has reviewed this Amendment and fully understands the effects thereof and all terms and provisions contained in this Amendmentherein, and (c) Borrower has executed this Amendment of its own free will and volition. Furthermore, the Borrower acknowledges that and (id) this Amendment shall be construed as if jointly drafted by the Borrower and the Lenders, and (ii) the Banks. The recitals contained in this Amendment shall be construed to be part of the operative terms and provisions of this Amendment.
Appears in 1 contract