Review and Construction of Documents. Each Loan Party hereby acknowledges, and represents and warrants to the Agents and the Lenders, that: (a) such Loan Party has had the opportunity to consult with legal counsel of their own choice and have been afforded an opportunity to review this Amendment with their legal counsel; (b) such Loan Party has carefully reviewed this Amendment and fully understand all terms and provisions of this Amendment; (c) such Loan Party has freely, voluntarily, knowingly and intelligently entered into this Amendment of their own free will and volition; (d) none of the Agents or the Lenders has a fiduciary relationship with any Borrower or any Loan Party, and the relationship between the Agents and the Lenders, on the one hand, and the Loan Parties, on the other hand, is solely that of creditor and debtor; and (e) no joint venture exists among the Loan Parties, the Agents and the Lenders.
Appears in 4 contracts
Samples: Forbearance Agreement and Collateral Agent Advance Agreement (Spark Networks SE), Forbearance Agreement and Financing Agreement (Spark Networks SE), Forbearance Agreement (Spark Networks SE)
Review and Construction of Documents. Each Loan Party hereby acknowledges, and represents and warrants to the Agents and the Lenders, that:
(a) such Loan Party has had the opportunity to consult with legal counsel of their own choice and have been afforded an opportunity to review this Amendment Agreement with their legal counsel;
(b) such Loan Party has carefully reviewed this Amendment Agreement and fully understand all terms and provisions of this AmendmentAgreement;
(c) such Loan Party has freely, voluntarily, knowingly and intelligently entered into this Amendment Agreement of their own free will and volition;
(d) none of the Agents or the Lenders has a fiduciary relationship with any Borrower or any Loan Party, and the relationship between the Agents and the Lenders, on the one hand, and the Loan Parties, on the other hand, is solely that of creditor and debtor; and
(e) no joint venture exists among the Loan Parties, the Agents and the Lenders.
Appears in 1 contract
Samples: Forbearance Agreement and Collateral Agent Advance Agreement (Spark Networks SE)