Common use of Reviewed by Attorneys Clause in Contracts

Reviewed by Attorneys. Each Credit Party represents and warrants to the Administrative Agent and the Term Lender that it (i) understands fully the terms of this Amendment and the consequences of the execution and delivery of this Amendment, (ii) has been afforded an opportunity to have this Amendment reviewed by, and to discuss this Amendment and each other document executed in connection herewith with, such attorneys and other persons as such Credit Party may wish, and (iii) has entered into this 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 kind by any Person. The parties hereto acknowledge and agree that neither this 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 Amendment and the other documents executed pursuant hereto or in connection herewith.

Appears in 3 contracts

Samples: Credit Agreement (Intersections Inc), Credit Agreement (Intersections Inc), Credit Agreement (Intersections Inc)

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Reviewed by Attorneys. Each Credit Party represents and warrants to the Administrative Agent and the Term each Lender that it (ia) understands fully the terms of this Amendment and the other Amendment Documents and the consequences of the execution and delivery of this Amendmenthereof and thereof, (iib) has been afforded an opportunity to have this Amendment and the other Amendment Documents reviewed by, and to discuss this Amendment and each the other document executed in connection herewith Amendment Documents with, such attorneys and other persons as such Credit Party Company may wish, and (iiic) has entered into this Amendment and executed and delivered all documents in connection herewith the other Amendment Documents of its own free will and accord and without threat, duress or other coercion of any kind by any Person. The parties hereto acknowledge and agree that neither this Amendment nor the other documents executed pursuant hereto Amendment Documents 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 Amendment and the other documents executed pursuant hereto or in connection herewithAmendment Documents.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Pacific Energy Resources LTD), Credit and Guaranty Agreement (Foothills Resources Inc), Credit and Guaranty Agreement (Pacific Energy Resources LTD)

Reviewed by Attorneys. Each Credit Party Borrower represents and warrants to the Administrative Agent and the Term Lender that it (ia) understands fully the terms of this Amendment and the consequences of the execution and delivery of this Amendment, (iib) has been afforded an opportunity to discuss this Amendment with, and have this Amendment reviewed by, and to discuss this Amendment and each other document executed in connection herewith with, such attorneys and other persons as such Credit Party Borrower may wish, and (iiic) has entered into this 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 kind by any Person. The parties hereto acknowledge and agree that neither this 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 Amendment and the other documents executed pursuant hereto or in connection herewith.

Appears in 3 contracts

Samples: Loan and Security Agreement (Wave2Wave Communications, Inc.), Loan and Security Agreement (Titan Global Holdings, Inc.), Loan and Security Agreement (Titan Global Holdings, Inc.)

Reviewed by Attorneys. Each Credit Loan Party hereby represents and warrants to the Administrative Agent and the Term Lender that it (ia) understands fully the terms of this Amendment and the consequences of the execution and delivery of this Amendment, (iib) has been afforded an opportunity to discuss this Amendment and have this Amendment reviewed by, and to discuss this Amendment and each other document executed in connection herewith with, such attorneys and other persons Persons as such Credit Party Guarantor or any such Borrower may wish, and (iiic) has entered into this 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 kind by any Person. The parties hereto acknowledge and agree that neither none of this Amendment 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 Amendment and all of the other documents executed pursuant hereto or in connection herewith.

Appears in 2 contracts

Samples: Credit Agreement (SeaSpine Holdings Corp), Credit Agreement (SeaSpine Holdings Corp)

Reviewed by Attorneys. Each Credit Party Obligor represents and warrants to the Administrative Agent and the Term Lender CRG Parties that it (i) understands fully the terms of this Amendment and the consequences of the execution and delivery of this Amendment, (ii) has been afforded an opportunity to have this Amendment reviewed by, and to discuss this Amendment and each other document the documents executed in connection herewith withherewith, with such attorneys and other persons and advisors as such Credit Party Obligor may wish, and (iii) has entered into this 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 kind by any Person. The parties hereto acknowledge and agree that neither this Amendment 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 Amendment and the other documents executed pursuant hereto or in connection herewith.

Appears in 2 contracts

Samples: Forbearance Agreement, Limited Forbearance Agreement (Synergy Pharmaceuticals, Inc.)

Reviewed by Attorneys. Each Credit Loan Party represents and warrants to the Administrative Agent and the Term Lender Lenders that it (ia) understands fully the terms of this Amendment and the consequences of the execution and delivery of this Amendment, ; (iib) has been afforded an opportunity to discuss this Amendment with, and have this Amendment reviewed by, and to discuss this Amendment and each other document executed in connection herewith with, such attorneys and other persons as such Credit any Loan Party may wish, ; and (iiic) has entered into this Amendment 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 kind by any Person. The parties hereto acknowledge and agree that neither this 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 Amendment and the other documents executed pursuant hereto or in connection herewith.

Appears in 2 contracts

Samples: Third Forbearance Agreement (Essex Rental Corp.), Second Forbearance Agreement (Essex Rental Corp.)

Reviewed by Attorneys. Each Credit Party represents and warrants to the Administrative Agent and the Term Lender Lenders that it (i) understands fully the terms of this Amendment and the consequences of the execution and delivery of this Amendment, (ii) has been afforded an opportunity to have this Amendment reviewed by, and to discuss this Amendment and each other document executed in connection herewith with, such attorneys and other persons as such Credit Party may wish, and (iii) has entered into this 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 kind by any Person. The parties hereto acknowledge and agree that neither this 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 Amendment and the other documents executed pursuant hereto or in connection herewith.

Appears in 2 contracts

Samples: Credit Agreement (Intersections Inc), Credit Agreement (Intersections Inc)

Reviewed by Attorneys. Each Credit Party Borrower represents and warrants to the Administrative Agent and the Term Lender that it (ia) understands fully the terms of this Amendment No. 1 and the consequences of the execution and delivery of this AmendmentAmendment No. 1, (iib) has been afforded an opportunity to have this Amendment No. 1 reviewed by, and to discuss this Amendment No. 1 and each other document executed in connection herewith with, such attorneys and other persons as such Credit Party Borrower may wish, and (iiic) has entered into this Amendment No. 1 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 by any Person. The parties hereto acknowledge and agree that neither this Amendment No. 1 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 Amendment No. 1 and the other documents executed pursuant hereto or in connection herewith.

Appears in 1 contract

Samples: Loan Agreement (Wireless Telecom Group Inc)

Reviewed by Attorneys. Each Credit Loan Party and each Significant Stakeholder represents and warrants to the Administrative Agent and the Term each Lender that it such party (i) understands fully the terms of this Amendment and the consequences of the execution and delivery of this Amendment, (ii) has been afforded an the opportunity to discuss this Amendment with, and have this Amendment reviewed by, and to discuss this Amendment and each other document executed in connection herewith with, such attorneys and other persons as such Credit Party party may wish, and (iii) has entered into this Amendment 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 kind by any Personperson. The parties hereto acknowledge Each Loan Party and agree each Significant Stakeholder acknowledges and agrees that neither this Amendment 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 Amendment and the other documents executed pursuant hereto or in connection herewith.

Appears in 1 contract

Samples: Credit Agreement and Acknowledgment (Presto Automation Inc.)

Reviewed by Attorneys. Each Credit Party represents and warrants to the Administrative Agent and the Term Lender Lenders that it (ia) understands fully the terms of this Amendment and the consequences of the execution and delivery of this Amendment, (iib) has been afforded an opportunity to have this Amendment reviewed by, and to discuss this Amendment and each other document executed in connection herewith with, such attorneys and other persons as such Credit Party may wish, and (iiic) has entered into this 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 kind by any Person. The parties hereto acknowledge and agree that neither this 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 Amendment and the other documents executed pursuant hereto or in connection herewith.

Appears in 1 contract

Samples: Credit Agreement (Drugmax Inc)

Reviewed by Attorneys. Each Credit Party Guarantor and Borrower hereby represents and warrants to the Administrative Agent and the Term Lender that it (ia) understands fully the terms of this Amendment and the consequences of the execution and delivery of this Amendment, (iib) has been afforded an opportunity to discuss this Amendment and have this Amendment reviewed by, and to discuss this Amendment and each other document executed in connection herewith with, such attorneys and other persons Persons as such Credit Party Guarantor or Borrower may wish, and (iiic) has entered into this 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 kind by any Person. The parties hereto acknowledge and agree that neither none of this Amendment 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 Amendment and all of the other documents executed pursuant hereto or in connection herewith.

Appears in 1 contract

Samples: Credit Agreement (Orasure Technologies Inc)

Reviewed by Attorneys. Each Credit Party Borrower and each Guarantor represents and warrants to the Administrative Agent and the Term Lender Lenders that it (ia) understands fully the terms of this Amendment and the consequences of the execution and delivery of this Amendment, (iib) has been afforded an opportunity to discuss this Amendment with, and have this Amendment reviewed by, and to discuss this Amendment and each other document executed in connection herewith with, such attorneys and other persons as such Credit Party Borrower and such Guarantor may wish, and (iiic) has entered into this 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 kind by any Person. The parties hereto acknowledge and agree that neither this 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 Amendment and the other documents executed pursuant hereto or in connection herewith.

Appears in 1 contract

Samples: Loan and Security Agreement (Wabash National Corp /De)

Reviewed by Attorneys. Each Credit of the Borrower and each other Loan Party represents and warrants to the Administrative Agent and the Term Lender Lenders that it (i) understands fully the terms of this Amendment and the consequences of the execution and delivery of this Amendment, (ii) has been afforded an opportunity to have this Amendment reviewed by, and to discuss this Amendment and each other document executed in connection herewith with, such attorneys and other persons as such Credit Loan Party may wish, and (iii) has entered into this 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 kind by any Person. The parties hereto acknowledge and agree that neither this 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 Amendment and the other documents executed pursuant hereto or in connection herewith.

Appears in 1 contract

Samples: Credit Agreement (Assisted Living Concepts Inc)

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Reviewed by Attorneys. Each Credit Party Borrower represents and warrants to the Administrative Agent and the Term Lender that it (ia) understands fully the terms of this Amendment and the consequences of the execution and delivery of this Amendment, (iib) has been afforded an opportunity to have this Amendment reviewed by, and to discuss this Amendment and each other document executed in connection herewith with, such attorneys and other persons as such Credit Party Borrower may wish, and (iiic) has entered into this 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 kind by any Person. The parties hereto acknowledge and agree that neither this 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 Amendment and the other documents executed pursuant hereto or in connection herewith.

Appears in 1 contract

Samples: Equipment Loan and Security Agreement and Waiver (Anesiva, Inc.)

Reviewed by Attorneys. Each Credit Loan Party represents and warrants to the Administrative Agent and the Term each Lender that it such party (i) understands fully the terms of this Amendment and the consequences of the execution and delivery of this Amendment, (ii) has been afforded an the opportunity to discuss this Amendment with, and have this Amendment reviewed by, and to discuss this Amendment and each other document executed in connection herewith with, such attorneys and other persons as such Credit Party party may wish, and (iii) has entered into this Amendment 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 kind by any Personperson. The parties hereto acknowledge Each Loan Party acknowledges and agree agrees that neither this Amendment 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 Amendment and the other documents executed pursuant hereto or in connection herewith.

Appears in 1 contract

Samples: Credit Agreement (Presto Automation Inc.)

Reviewed by Attorneys. Each Credit Loan Party hereby represents and warrants to the Administrative Agent and the Term Lender that it (ia) understands fully the terms of this Amendment and the consequences of the execution and delivery of this Amendment, (iib) has been afforded an opportunity to discuss this Amendment and have this Amendment reviewed by, and to discuss this Amendment and each other document executed in connection herewith with, such attorneys and other persons Persons as such Credit Loan Party may wish, and (iiic) has entered into this 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 kind by any Person. The parties hereto acknowledge and agree that neither none of this Amendment 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 Amendment and all of the other documents executed pursuant hereto or in connection herewith.

Appears in 1 contract

Samples: Credit Agreement (SeaSpine Holdings Corp)

Reviewed by Attorneys. Each Credit Party represents and warrants to the Administrative Agent and the New Term Lender that it (i) understands fully the terms of this Amendment and the consequences of the execution and delivery of this Amendment, (ii) has been afforded an opportunity to have this Amendment reviewed by, and to discuss this Amendment and each other document executed in connection herewith with, such attorneys and other persons as such Credit Party may wish, and (iii) has entered into this 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 kind by any Person. The parties hereto acknowledge and agree that neither this 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 Amendment and the other documents executed pursuant hereto or in connection herewith.

Appears in 1 contract

Samples: Credit Agreement (Intersections Inc)

Reviewed by Attorneys. Each Credit Party Borrower represents and warrants to the Administrative Agent and the Term Lender Lenders that it (ia) understands fully the terms of this Amendment and the consequences of the execution and delivery of this Amendment, (iib) has been afforded an opportunity to have this Amendment reviewed by, and to discuss this Amendment and each other document executed in connection herewith with, such attorneys and other persons as such Credit Party Borrower may wish, and (iiic) has entered into this 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 kind by any Person. The parties hereto acknowledge and agree that neither this 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 Amendment and the other documents executed pursuant hereto or in connection herewith.the

Appears in 1 contract

Samples: Credit Agreement (Cdi Corp)

Reviewed by Attorneys. Each Credit Loan Party and Significant Stakeholder represents and warrants to the Administrative Agent and the Term each Lender that it such Loan Party (i) understands fully the terms of this Amendment and the consequences of the execution and delivery of this Amendment, (ii) has been afforded an the opportunity to discuss this Amendment with, and have this Amendment reviewed by, and to discuss this Amendment and each other document executed in connection herewith with, such attorneys and other persons as such Credit Loan Party or Significant Stakeholder may wish, and (iii) has entered into this Amendment 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 kind by any Personperson. The parties hereto acknowledge Each Loan Party acknowledges and agree agrees that neither this Amendment 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 Amendment and the other documents executed pursuant hereto or in connection herewith.

Appears in 1 contract

Samples: Cooperation Agreement (Presto Automation Inc.)

Reviewed by Attorneys. Each Credit Party Borrower represents and warrants to the Administrative Agent and the Term Lender Bank that it (ia) understands fully the terms of this Amendment and the consequences of the execution and delivery of this Amendment, (iib) has been afforded an opportunity to discuss this Amendment with, and have this Amendment reviewed by, and to discuss this Amendment and each other document executed in connection herewith with, such attorneys and other persons as such Credit Party Borrower may wish, and (iiic) has entered into this 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 kind by any Person. The parties hereto acknowledge and agree that neither this 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 Amendment and the other documents executed pursuant hereto or in connection herewith.

Appears in 1 contract

Samples: Loan and Security Agreement (Journey Medical Corp)

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