Reviewed by Attorneys. Each Loan Party represents and warrants to Administrative 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, such attorneys and other persons as such 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 or other coercion of any kind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto 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.
Appears in 3 contracts
Samples: Forbearance Agreement (Fenix Parts, Inc.), Forbearance Agreement (Fenix Parts, Inc.), Forbearance Agreement (Fenix Parts, Inc.)
Reviewed by Attorneys. Each Loan Credit Party represents and warrants to Administrative 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, such attorneys and other persons as such Loan 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 kind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto 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.
Appears in 2 contracts
Samples: Limited Waiver, Consent, Amendment No. 5 and Forbearance Agreement (Cti Industries Corp), Amendment No. 3 and Forbearance Agreement (Cti Industries Corp)
Reviewed by Attorneys. Each Loan Party represents and warrants to Administrative Agent and Lenders that it (a) understands fully the terms of this Agreement Amendment and the consequences of the execution and delivery of this Agreement, Amendment; (b) has been afforded an opportunity to discuss this Agreement Amendment with, and have this Agreement Amendment reviewed by, such attorneys and other persons as such any Loan Party 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 duress, or other coercion of any kind by any Person. The parties hereto acknowledge and agree that neither this Agreement Amendment nor the other documents executed pursuant hereto 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.
Appears in 2 contracts
Samples: Forbearance Agreement (Essex Rental Corp.), Forbearance Agreement (Essex Rental Corp.)
Reviewed by Attorneys. Each Loan Party represents and warrants to Administrative the Agent and Lenders each Lender that it such Loan Party (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, such attorneys and other persons as such Loan Party 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 kind by any Personperson. The parties hereto acknowledge Each Loan Party acknowledges and agree agrees that neither this Agreement nor the other documents executed pursuant hereto will 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.
Appears in 1 contract
Reviewed by Attorneys. Each Loan Party and each Significant Stakeholder represents and warrants to Administrative the Agent and Lenders each Lender that it such Loan Party (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, such attorneys and other persons as such Loan Party 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 kind by any Personperson. The parties hereto acknowledge Each Loan Party acknowledges and agree agrees that neither this Agreement nor the other documents executed pursuant hereto will 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.
Appears in 1 contract
Reviewed by Attorneys. Each Loan Credit 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 discuss this Agreement with, and have this Agreement reviewed by, such attorneys and other persons as such Loan 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 kind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto will 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.
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Reviewed by Attorneys. Each Loan Note Party represents and warrants to Administrative Agent and Lenders Holder 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, such attorneys and other persons as such Loan 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 kind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto 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. 8.
Appears in 1 contract
Samples: Forbearance Agreement (MariaDB PLC)
Reviewed by Attorneys. Each Loan Party and Significant Stakeholder represents and warrants to Administrative Agent and Lenders each Lender that it such Loan Party (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, such attorneys and other persons as such Loan Party or Significant Stakeholder 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 duress, or other coercion of any kind by any Personperson. The parties hereto acknowledge Each Loan Party acknowledges and agree agrees that neither this Agreement nor the other documents executed pursuant hereto will 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.
Appears in 1 contract
Reviewed by Attorneys. Each Loan Credit 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 discuss this Agreement with, and have this Agreement reviewed by, such attorneys and other persons as such Loan 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 kind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto will 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.
Appears in 1 contract