Common use of Reviewed by Attorneys Clause in Contracts

Reviewed by Attorneys. Each Borrower and Guarantor represents and warrants that it (a) understands fully the terms of this Amendment No. 2 and the consequences of the execution and delivery of this Amendment No. 2, (b) has been afforded an opportunity to have this Amendment No. 2 reviewed by, and to discuss this Amendment No. 2 and any document executed in connection herewith with, such attorneys and other persons as each Borrower and Guarantor may wish, and (c) has entered into this Amendment No. 2 and executed and delivered all documents in connection herewith of its/his 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. 2 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. 2 and the other documents executed pursuant hereto or in connection herewith. Section 12.

Reviewed by Attorneys. Each of Borrower and Guarantor represents and warrants that it (a) understands fully the terms of this Amendment No. 2 3 and the consequences of the execution and delivery of this Amendment No. 23, (b) has been afforded an opportunity to have this Amendment No. 2 3 reviewed by, and to discuss this Amendment No. 2 3 and any document executed in connection herewith with, such attorneys and other persons as each of Borrower and Guarantor may wish, and (c) has entered into this Amendment No. 2 3 and executed and delivered all documents in connection herewith of its/his 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. 2 3 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. 2 3 and the other documents executed pursuant hereto or in connection herewith. Section 12.

Reviewed by Attorneys. Each Borrower and Guarantor Seller represents and warrants to Purchaser that it (a) understands fully the terms of this Fifth Amendment No. 2 and the consequences of the execution and delivery of this Amendment No. 2Fifth Amendment, (b) has been afforded an opportunity to discuss this Fifth Amendment with, and have this Fifth Amendment No. 2 reviewed by, and to discuss this Amendment No. 2 and any document executed in connection herewith with, such attorneys and other persons as each Borrower and Guarantor Sellers may wish, and (c) has entered into this Fifth Amendment No. 2 and executed and delivered all documents in connection herewith of its/his its own free will and accord and without threat, duress or other coercion of any kind by any personPerson. The parties Parties hereto acknowledge and agree that neither this Fifth Amendment No. 2 nor the other documents executed pursuant hereto shall will be construed more favorably in favor of one than the other based upon which party Party drafted the same, it being acknowledged that all parties Parties hereto contributed substantially to the negotiation and preparation of this Fifth Amendment No. 2 and the other documents executed pursuant hereto or in connection herewith. Section 12.

Reviewed by Attorneys. Each Borrower and Guarantor represents and warrants to Administrative Agent and Lenders that it (a) understands fully the terms of this Amendment No. 2 Waiver and the consequences of the execution and delivery of this Amendment No. 2Waiver, (b) has been afforded an opportunity to have this Amendment No. 2 Waiver reviewed by, and to discuss this Amendment No. 2 Waiver and any each document executed in connection herewith with, such attorneys and other persons as each such Borrower and Guarantor may wish, and (c) has entered into this Amendment No. 2 Waiver and executed and delivered all documents in connection herewith of its/his its own free will and accord and without threat, duress or other coercion of any kind by any personPerson. The parties hereto acknowledge and agree that neither this Amendment No. 2 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 Amendment No. 2 Waiver and the other documents executed pursuant hereto or in connection herewith. Section 12.

Reviewed by Attorneys. Each Borrower and Guarantor Restricted Person represents and warrants to Administrative Agent and each Holder that it (a) understands fully the terms of this Amendment No. 2 and the consequences of the execution and delivery of this Amendment No. 2Amendment, (b) has been afforded an opportunity to have this Amendment No. 2 reviewed by, and to discuss this Amendment No. 2 and any document executed in connection herewith with, such attorneys and other persons as each Borrower and Guarantor such Person may wish, and (c) has entered into this Amendment No. 2 and executed and delivered all documents in connection herewith of its/his its own free will and accord and without threat, duress or other coercion of any kind by any personPerson. The parties hereto acknowledge and agree that neither this Amendment No. 2 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. 2 and the other documents executed pursuant hereto or in connection herewith. Section 12.[First Amendment to Note Purchase Agreement]

Reviewed by Attorneys. Each Borrower PNPL, THC LLC and Guarantor Xx. Xxxxxxxxx each represents and warrants to the Stockholder Representative and each Noteholder that it it: (a) understands fully the terms of this Amendment No. 2 Agreement and the consequences of the execution and delivery of this Amendment No. 2, Agreement; (b) has been afforded an opportunity to have this Amendment No. 2 Agreement reviewed by, and to discuss this Amendment No. 2 Agreement and any document executed in connection herewith with, such attorneys and other persons as each Borrower and Guarantor PNPL, THC LLC or Xx. Xxxxxxxxx may wish, ; and (c) has entered into this Amendment No. 2 Agreement and executed and delivered all documents in connection herewith of its/his its own free will and accord and without threat, duress or other coercion of any kind by any person. The parties Parties hereto acknowledge and agree that neither this Amendment No. 2 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 Amendment No. 2 Agreement and the other documents executed pursuant hereto or in connection herewith. Section 12.

Reviewed by Attorneys. Each of Parent Borrower and each Guarantor represents and warrants to XxXxxxx, Xxxxxxx and each Requisite Lender that it (ai) understands fully the terms of this Amendment No. 2 and the consequences of the execution and delivery of this Amendment No. 2Amendment, (bii) has been afforded an opportunity to discuss this Amendment with, and have this Amendment No. 2 reviewed by, and to discuss this Amendment No. 2 and any document executed in connection herewith with, such attorneys and other persons Persons as each of Parent Borrower and each Guarantor may wish, and (ciii) has entered into this Amendment No. 2 and executed and delivered all documents in connection herewith of its/his its own free will and accord and without threat, duress or other coercion of any kind by any personPerson. The parties hereto acknowledge and agree that neither this Amendment No. 2 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. 2 and the other documents executed pursuant hereto or in connection herewith. Section 12.

Reviewed by Attorneys. Each Borrower and Guarantor represents and warrants that it (a) understands fully the terms of this Amendment No. 2 1 and the consequences of the execution and delivery of this Amendment No. 21, (b) has been afforded an opportunity to have this Amendment No. 2 1 reviewed by, and to discuss this Amendment No. 2 1 and any document executed in connection herewith with, such attorneys and other persons as each Borrower and Guarantor may wish, and (c) has entered into this Amendment No. 2 1 and executed and delivered all documents in connection herewith of its/his 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. 2 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. 2 1 and the other documents executed pursuant hereto or in connection herewith. Section 1211.

Reviewed by Attorneys. Each Borrower PNPL, THC LLC and Guarantor Mx. Xxxxxxxxx each represents and warrants to the Stockholder Representative and each Noteholder that it it: (a) understands fully the terms of this Amendment No. 2 Agreement and the consequences of the execution and delivery of this Amendment No. 2, Agreement; (b) has been afforded an opportunity to have this Amendment No. 2 Agreement reviewed by, and to discuss this Amendment No. 2 Agreement and any document executed in connection herewith with, such attorneys and other persons as each Borrower and Guarantor PNPL, THC LLC or Mx. Xxxxxxxxx may wish, ; and (c) has entered into this Amendment No. 2 Agreement and executed and delivered all documents in connection herewith of its/his its own free will and accord and without threat, duress or other coercion of any kind by any person. The parties Parties hereto acknowledge and agree that neither this Amendment No. 2 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 Amendment No. 2 Agreement and the other documents executed pursuant hereto or in connection herewith. Section 12.

Reviewed by Attorneys. Each Borrower and Guarantor represents and warrants to Lender that it (a) understands fully the terms of this Amendment No. 2 1 and the consequences of the execution and delivery of this Amendment No. 21, (b) has been afforded an opportunity to have this Amendment No. 2 1 reviewed by, and to discuss this Amendment No. 2 1 and any each document executed in connection herewith with, such attorneys and other persons as each such Borrower and Guarantor may wish, and (c) has entered into this Amendment No. 2 1 and executed and delivered all documents in connection herewith of its/his its own free will and accord and without threat, duress or other coercion of any kind by any personPerson. The parties hereto acknowledge and agree that neither this Amendment No. 2 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. 2 1 and the other documents executed pursuant hereto or in connection herewith. Section 12.

Reviewed by Attorneys. Each Borrower and Guarantor Seller represents and warrants to Purchaser that it (a) understands fully the terms of this Seventh Amendment No. 2 and the consequences of the execution and delivery of this Amendment No. 2Seventh Amendment, (b) has been afforded an opportunity to discuss this Seventh Amendment with, and have this Seventh Amendment No. 2 reviewed by, and to discuss this Amendment No. 2 and any document executed in connection herewith with, such attorneys and other persons as each Borrower and Guarantor Sellers may wish, and (c) has entered into this Seventh Amendment No. 2 and executed and delivered all documents in connection herewith of its/his its own free will and accord and without threat, duress or other coercion of any kind by any personPerson. The parties Parties hereto acknowledge and agree that neither this Seventh Amendment No. 2 nor the other documents executed pursuant hereto shall will be construed more favorably in favor of one than the other based upon which party Party drafted the same, it being acknowledged that all parties Parties hereto contributed substantially to the negotiation and preparation of this Seventh Amendment No. 2 and the other documents executed pursuant hereto or in connection herewith. Section 12.

Reviewed by Attorneys. Each Parent and each Borrower and Guarantor hereby represents and warrants to Agent and the Lenders that it (a) understands fully the terms of this Amendment No. 2 and the consequences of the execution and delivery of this Amendment No. 2Amendment, (b) has been afforded an opportunity to discuss this Amendment and have this Amendment No. 2 reviewed by, and to discuss this Amendment No. 2 and any document executed in connection herewith with, such attorneys and other persons Persons as each Parent or any such Borrower and Guarantor may wish, and (c) has entered into this Amendment No. 2 and executed and delivered all documents in connection herewith of its/his its own free will and accord and without threat, duress or other coercion of any kind by any personPerson. The parties hereto acknowledge and agree that neither none of this Amendment No. 2 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 No. 2 and all of the other documents executed pursuant hereto or in connection herewith. Section 12.

Reviewed by Attorneys. Each Borrower The Borrower, each Guarantor and Guarantor represents the Shareholder represent and warrants warrant to the Lender Parties that it (ai) understands fully the terms of this Amendment No. 2 Agreement and the consequences of the execution and delivery of this Amendment No. 2Agreement, (bii) has been afforded an opportunity to have this Amendment No. 2 Agreement reviewed by, and to discuss this Amendment No. 2 Agreement and any document the documents executed in connection herewith withherewith, with such attorneys and other persons and advisors as each Borrower the Borrower, Guarantors and Guarantor Shareholder, respectively, may wish, and (ciii) has entered into this Amendment No. 2 Agreement and executed and delivered all documents in connection herewith of its/his its own free will and accord and without threat, duress or other coercion of any kind by any personPerson. The parties hereto acknowledge and agree that neither this Amendment No. 2 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 Amendment No. 2 Agreement and the other documents executed pursuant hereto or in connection herewith. Section 12.