Common use of Reviewed by Attorneys Clause in Contracts

Reviewed by Attorneys. Each Obligor represents and warrants to the Lenders that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents executed in connection herewith with, such attorneys and other persons as Obligors may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kind. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor Borrower represents and warrants to the Agent and Lenders that it (a) understands fully the terms of this Agreement Amendment and the consequences of the execution and delivery of this AgreementAmendment, (b) has been afforded an opportunity to have this Agreement Amendment reviewed by, and to discuss this Agreement Amendment and any documents each document executed in connection herewith with, such attorneys and other persons as Obligors such Borrower may wish, and (c) has entered into this Agreement Amendment and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement Amendment nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement Amendment and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor Borrower represents and warrants to the Agent and Lenders that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to discuss this Agreement with, and have this Agreement reviewed by, and to discuss this Agreement and any documents executed in connection herewith with, such attorneys and other persons as Obligors such Borrower may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor represents and warrants to the Agent and Lenders that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to discuss this Agreement with, and have this Agreement reviewed by, and to discuss this Agreement and any documents executed in connection herewith with, such attorneys and other persons as Obligors such Obligor may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall will be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor Loan Party represents and warrants to the Agent and Lenders that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, ; (b) has been afforded an opportunity to discuss this Agreement with, and have this Agreement reviewed by, and to discuss this Agreement and any documents executed in connection herewith with, such attorneys and other persons as Obligors any Loan Party may wish, ; and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress duress, or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall will be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor Borrower represents and warrants to the Agent and Lenders that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents each document executed in connection herewith with, such attorneys and other persons as Obligors such Borrower may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor Borrower represents and warrants to the Agent and Lenders that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents document executed in connection herewith with, such attorneys and other persons as Obligors such Borrower may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor Borrower represents and warrants to the Lenders Lender that it (a) understands fully the terms of this Agreement Amendment and the consequences of the execution and delivery of this AgreementAmendment, (b) has been afforded an opportunity to have this Agreement Amendment reviewed by, and to discuss this Agreement Amendment and any documents each document executed in connection herewith with, such attorneys and other persons as Obligors such Borrower may wish, and (c) has entered into this Agreement Amendment and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement Amendment nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement Amendment and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor of Borrower and Parent represents and warrants to the Lenders GE Capital that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents document executed in connection herewith with, such attorneys and other persons as Obligors such Credit Party may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor Borrower represents and warrants to the Agent and Lenders that it (a) understands fully the terms of this Agreement Amendment and the consequences of the execution and delivery of this AgreementAmendment, (b) has been afforded an opportunity to discuss this Amendment with, and have this Agreement Amendment reviewed by, and to discuss this Agreement and any documents executed in connection herewith with, such attorneys and other persons as Obligors Borrower may wish, and (c) has entered into this Agreement Amendment and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement Amendment nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement Amendment and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor Borrower represents and warrants to the Lenders Lender that it (a) understands fully the terms of this Agreement Amendment and the consequences of the execution and delivery of this AgreementAmendment, (b) has been afforded an opportunity to discuss this Amendment with, and have this Agreement Amendment reviewed by, and to discuss this Agreement and any documents executed in connection herewith with, such attorneys and other persons as Obligors such Borrower may wish, and (c) has entered into this Agreement Amendment and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement Amendment nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement Amendment and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor Borrower represents and warrants to the Lenders Brigus that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents document executed in connection herewith with, such attorneys and other persons as Obligors such Borrower may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor represents The Borrower, each Guarantor and warrants the Shareholder represent and warrant to Administrative Agent and the Lenders that it (ai) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (bii) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any the documents executed in connection herewith withherewith, with such attorneys and other persons and advisors as Obligors the Borrower, Guarantors and Shareholder, respectively, may wish, and (ciii) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor any of the other documents executed pursuant hereto shall be construed more favorably in favor of one than party over the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor Borrower represents and warrants to the Lenders Lender that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents document executed in connection herewith with, such attorneys and other persons as Obligors Borrower may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor Credit Party represents and warrants to the Control Agent and the other Lenders that it (ai) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (bii) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any the documents executed in connection herewith withherewith, with such attorneys and other persons and advisors as Obligors such Credit Party may wish, and (ciii) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor any of the other documents executed pursuant hereto shall be construed more favorably in favor of one than party over the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor Borrower and each Credit Party represents and warrants to the Agent and Lenders that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any the documents executed in connection herewith withherewith, with such attorneys and other persons and advisors as Obligors Borrower may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the any other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor of the Parties represents and warrants to the Lenders all other Parties that he or it (aA) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (bB) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents document executed in connection herewith with, such attorneys and other persons as Obligors such Party may wish, and (cC) has entered into this Agreement and executed and delivered all documents in connection herewith of his or its own free will and accord and without threat, duress or other coercion of any kindkind by any person or entity. The parties Parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party Party or which Party’s counsel drafted the same, it being acknowledged that all parties Parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor Borrower represents and warrants to the Lenders Lender that it such Borrower (ai) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (bii) has been afforded an the opportunity to discuss this Agreement with, and have this Agreement reviewed by, and to discuss this Agreement and any documents executed in connection herewith with, such attorneys and other persons as Obligors such Borrower may wish, and (ciii) has entered into this Agreement and executed and delivered all documents in connection herewith here with of its own free will and accord and without threat, duress duress, or other coercion of any kindkind by any person. The parties hereto acknowledge Each Borrower acknowledges and agree agrees that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one party than the other another based upon which party drafted the same, it being acknowledged that all the parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor Borrower and each Guarantor represents and warrants to the Lenders Agent and each Lender that it it: (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, ; (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents document executed in connection herewith with, such attorneys and other persons as Obligors Borrower or any Guarantor may wish, ; and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor The Existing Borrower represents and warrants to the Lenders Lender that it (a) understands fully the terms of this Agreement Waiver and the consequences of the execution and delivery of this AgreementWaiver, (b) has been afforded an opportunity to have this Agreement Waiver reviewed by, and to discuss this Agreement Waiver and any documents document executed in connection herewith with, such attorneys and other persons as Obligors the Existing Borrower may wish, and (c) has entered into this Agreement Waiver and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement Waiver nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement Waiver and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor Borrower represents and warrants to the Agent and Lenders that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to discuss this Agreement with, and have this Agreement reviewed by, and to discuss this Agreement and any documents executed in connection herewith with, such attorneys and other persons as Obligors Borrower may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall will be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor Credit Party represents and warrants to the Lenders Lender that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents document executed in connection herewith with, such attorneys and other persons as Obligors such Credit Party may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor Borrower [and each Guarantor] represents and warrants to the Lenders Lender that it (ai) fully understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (bii) has been afforded an opportunity to discuss this Agreement with, and have this Agreement reviewed by, and to discuss this Agreement and any documents executed in connection herewith with, such attorneys and other persons as Obligors Borrower [and each Guarantor] may wish, and (ciii) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the any other documents executed pursuant hereto in connection with this Agreement shall be construed more favorably in favor of one party hereto than the any other based upon which party drafted the samethis Agreement, it being acknowledged acknowledge that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewithwith this Agreement.

Reviewed by Attorneys. Each Obligor of the Parties represents and warrants to the Lenders all other Parties that he or it (aA) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (bB) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents document executed in connection herewith with, such attorneys and other persons as Obligors such Party may wish, and (cC) has entered into this Agreement and executed and delivered all documents in connection herewith of his or its own free will and accord and without threat, duress or other coercion of any kindkind by any person or entity. The parties Parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party Party or which Party's counsel drafted the same, it being acknowledged that all parties Parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor Borrower represents and warrants to the Lenders Lender that it such Borrower (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents document executed in connection herewith with, such attorneys and other persons as Obligors such Borrower may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor Borrower represents and warrants to the Agent and Lenders that it (ai) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (bii) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents document executed in connection herewith with, such attorneys and other persons as Obligors Borrower may wish, and (ciii) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor Restricted Person represents and warrants to the Lenders each Lender Party and each Lender Counterparty that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreementhereof, (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents executed in connection herewith with, such attorneys and other persons as Obligors Borrowers may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress duress, or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto in connection herewith shall not be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor of the Collateral Parties represents and warrants to the Lenders Laurus that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents document executed in connection herewith with, such attorneys and other persons as Obligors such parties may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any person or entity. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and 11 preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor represents and warrants to the Lenders CRG Parties that it (ai) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (bii) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any the documents executed in connection herewith withherewith, with such attorneys and other persons and advisors as Obligors such Obligor may wish, and (ciii) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor any of the other documents executed pursuant hereto shall be construed more favorably in favor of one than party over the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor Borrower represents and warrants to the Lenders Bank that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents document executed in connection herewith with, such attorneys and other persons as Obligors Borrower may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor Borrower represents and warrants to the Lenders Bank that it (a) understands fully the terms of this Agreement Amendment and the consequences of the execution and delivery of this AgreementAmendment, (b) has been afforded an opportunity to discuss this Amendment with, and have this Agreement Amendment reviewed by, and to discuss this Agreement and any documents executed in connection herewith with, such attorneys and other persons as Obligors such Borrower may wish, and (c) has entered into this Agreement Amendment and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement Amendment nor the other documents executed pursuant hereto shall will be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement Amendment and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor Borrower represents and warrants to the Agent and Lenders that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents each document executed in connection herewith with, such attorneys and other persons as Obligors such Borrower may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge 3275418.4 5 and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor Borrower and each Guarantor represents and warrants to the Agent and Lenders that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to discuss this Agreement with, and have this Agreement reviewed by, and to discuss this Agreement and any documents executed in connection herewith with, such attorneys and other persons as Obligors such Borrower or such Guarantor may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor Loan Party hereby represents and warrants to the Lenders Agent and Lender that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to discuss this Agreement and have this Agreement reviewed by, and to discuss this Agreement and any documents executed in connection herewith with, such attorneys and other persons Persons as Obligors such Guarantor or any such Borrower may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither none of this Agreement nor or the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and all of the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor represents and warrants to the Lenders Lender Parties and the Collateral Agent that it such Obligor (ai) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (bii) has been afforded an the opportunity to discuss this Agreement with, and have this Agreement reviewed by, and to discuss this Agreement and any documents executed in connection herewith with, such attorneys and other persons as Obligors such Obligor may wish, and (ciii) has entered into this Agreement and executed and delivered all documents in connection herewith here with of its own free will and accord and without threat, duress duress, or other coercion of any kindkind by any person. The parties hereto Obligors acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one party than the other another based upon which party drafted the same, it being acknowledged that all the parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor Company and each Guarantor represents and warrants warrant to Agents and the Lenders that it they (a) understands understand fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has have been afforded an opportunity to discuss this Agreement with, and have this Agreement reviewed by, and to discuss this Agreement and any documents executed in connection herewith with, such attorneys and other persons as Obligors Company and the Guarantors may wish, and (c) has have entered into this Agreement and executed and delivered all documents in connection herewith of its their own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall will be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor Borrower and each Guarantor represents and warrants to the Lenders Agent and each Lender that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents document executed in connection herewith with, such attorneys and other persons as Obligors Borrower or any Guarantor may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor represents Company and warrants to the Lenders Envision Guarantors represent and warrant that it they (a) understands understand fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has have been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any all documents executed in connection herewith with, such attorneys and other persons as Obligors Company may wish, and (c) has have entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor Borrower and each Transaction Party represents and warrants to Administrative Agent and the Lenders that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any the documents executed in connection herewith withherewith, with such attorneys and other persons and advisors as Obligors Borrower may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the any other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor Borrower and each Guarantor represents and warrants to the Agent and Lenders that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to discuss this Agreement with, and have this Agreement reviewed by, and to discuss this Agreement and any documents executed in connection herewith with, such attorneys and other persons as Obligors such Borrower and such Guarantor may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor Borrower represents and warrants to Forest and the Lenders Lender that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents document executed in connection herewith with, such attorneys and other persons as Obligors Borrower may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor PNPL, THC LLC and Xx. Xxxxxxxxx each represents and warrants to the Lenders Stockholder Representative and each Noteholder that it it: (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, ; (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents document executed in connection herewith with, such attorneys and other persons as Obligors PNPL, THC LLC or Xx. Xxxxxxxxx may wish, ; and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any person. The parties Parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties Parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor PNPL, THC LLC and Mx. Xxxxxxxxx each represents and warrants to the Lenders Stockholder Representative and each Noteholder that it it: (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, ; (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents document executed in connection herewith with, such attorneys and other persons as Obligors PNPL, THC LLC or Mx. Xxxxxxxxx may wish, ; and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any person. The parties Parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties Parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor Borrower represents and warrants to the Lenders Lender that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents document executed in connection herewith with, such attorneys and other persons as Obligors Borrower may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor Note Party represents and warrants to the Lenders Trustee and the Holders that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any the documents executed in connection herewith withherewith, with such attorneys and other persons and advisors as Obligors such Note Party may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor any of the other documents executed pursuant hereto shall be construed more favorably in favor of one than party over the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor Company represents and warrants to the Lenders Laurus that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents executed in connection herewith with, with such attorneys and other persons Persons as Obligors such Company may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith and therewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement Agreement, the Financing Agreements nor the other documents documents, instruments and agreements executed pursuant hereto and thereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement Agreement, the Financing Agreements and the other documents documents, instruments and agreements executed pursuant hereto and thereto or in connection herewithherewith or therewith.

Reviewed by Attorneys. Each Obligor Borrower and Guarantor represents and warrants to the Lenders that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents document executed in connection herewith with, such attorneys and other persons as Obligors each Borrower and Guarantor may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor party hereto represents and warrants to the Lenders that it (a) understands fully the terms of this Agreement Agreement, including any attachments and exhibits, and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to discuss this Agreement with, and have this Agreement reviewed by, and to discuss this Agreement and any documents executed in connection herewith with, such attorneys and other persons as Obligors such party may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith herewith, of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor of Borrowers and Guarantors represents and warrants to the Lenders that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents document executed in connection herewith with, such attorneys and other persons as Obligors each of Borrowers and Guarantors may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor represents Borrower and warrants to the Lenders Envision Guarantors represent and warrant that it they (a) understands understand fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has have been afforded an opportunity oppor­tunity to have this Agreement reviewed by, and to discuss this Agreement and any all documents executed in connection herewith with, such attorneys and other persons as Obligors Borrower may wish, and (c) has have entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor of Borrower and each Transaction Party represents and warrants to the Administrative Agent and the Lenders that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any the documents executed in connection herewith withherewith, with such attorneys and other persons and advisors as Obligors Borrower or such Transaction Party, as applicable, may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the any other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Reviewed by Attorneys. Each Obligor represents The Borrower and warrants the Guarantors represent and warrant to the Lenders that it they (a) understands understand fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has have been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents document executed in connection herewith withherewith, with such attorneys and other persons Persons as Obligors the Borrower and the Guarantors may wish, and (c) has have entered into this Agreement and executed and delivered all documents in connection herewith of its their own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.