Special Acknowledgment Clause Samples

A Special Acknowledgment clause serves to formally recognize and confirm a particular fact, circumstance, or understanding between the parties that is significant to the agreement. This clause may require one or both parties to explicitly acknowledge awareness of specific risks, prior disclosures, or unique terms that differ from standard contract provisions. By including such an acknowledgment, the clause helps prevent future disputes by ensuring both parties are aware of and agree to the highlighted issue, thereby promoting transparency and reducing the likelihood of misunderstandings.
Special Acknowledgment. EACH GRANTEE ACKNOWLEDGES AND AGREES THAT: (i) SUCH GRANTEE IS EXECUTING THIS AGREEMENT VOLUNTARILY AND WITHOUT ANY DURESS OR UNDUE INFLUENCE BY THE COMPANY OR ANYONE ELSE; (ii) SUCH GRANTEE HAS CAREFULLY READ AND FULLY UNDERSTANDS THIS AGREEMENT; (iii) SUCH GRANTEE IS WAIVING ANY RIGHT TO A JURY TRIAL; AND (iv) THIS AGREEMENT IS INTENDED TO BE STRICTLY ENFORCEABLE. EACH GRANTEE FURTHER ACKNOWLEDGES AND AGREES THAT IT HAS BEEN PROVIDED AN OPPORTUNITY TO SEEK THE ADVICE OF AN ATTORNEY OF ITS CHOICE BEFORE SIGNING THIS AGREEMENT.
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Special Acknowledgment. Each party acknowledges and agrees that: (A) such party is executing this agreement voluntarily and without any duress or undue influence by any person; (B) such party has carefully read and fully understands the terms, consequences and binding effect of this Agreement; (C) such party is waiving any right to a jury trial; and (D) this Agreement is intended to be strictly enforceable. Each party further acknowledges and agrees that it has been provided an opportunity to seek the advice of an attorney of its choice before singing this Agreement.
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Special Acknowledgment. EACH PARTY ACKNOWLEDGES AND AGREES THAT: (1) SUCH PARTY IS EXECUTING THIS AGREEMENT VOLUNTARILY AND WITHOUT ANY DURESS OR UNDUE INFLUENCE BY ANYONE ELSE; (2) SUCH PARTY HAS CAREFULLY READ AND FULLY UNDERSTANDS THIS AGREEMENT; (3) SUCH PARTY IS WAIVING ANY RIGHT TO A JURY TRIAL; AND (4) THIS AGREEMENT IS INTENDED TO BE STRICTLY ENFORCEABLE. EACH PARTY FURTHER ACKNOWLEDGES AND AGREES THAT IT HAS BEEN PROVIDED AN OPPORTUNITY TO SEEK THE ADVICE OF AN ATTORNEY OF ITS CHOICE BEFORE SIGNING THIS AGREEMENT.
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Special Acknowledgment. Buyer acknowledges that Seller operates a centralized cash management system and that substantially all of the Company's cash has been (through the Closing Date) distributed to Seller.
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Special Acknowledgment. EACH PARTY ACKNOWLEDGES AND AGREES THAT: (1) SUCH PARTY IS EXECUTING THIS AGREEMENT VOLUNTARILY AND WITHOUT ANY DURESS OR UNDUE INFLUENCE BY ANYONE ELSE; (2) SUCH PARTY HAS CAREFULLY READ AND FULLY UNDERSTANDS THIS AGREEMENT; (3) SUCH PARTY IS WAIVING ANY RIGHT TO A JURY TRIAL; AND
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Special Acknowledgment. Section 2.13(c) of the Credit Agreement provides that, if, at any time, a Prepayment Event occurs, which includes the issuance of equity by any Company, Borrowers shall, as promptly as practicable, but in no event later than the next Business Day, apply the Prepayment Proceeds to the Revolving Loans and the Revolving Commitments and the Maximum Commitment Amount shall be permanently reduced by the amount of Prepayment Proceeds allocated thereto, respectively, whether or not there shall be any Revolving Credit Exposure thereunder. The Agent and the Banks acknowledge that MTCT issued additional equity in February, 2004 and that the Agent and the Banks did not require Borrowers to apply the Prepayment Proceeds thereof to the Revolving Loans and Revolving Commitments in accordance with Section 2.14 of the Credit Agreement and agree that there has been no corresponding reduction in the Maximum Commitment Amount.
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Special Acknowledgment. The Company acknowledges that the Lender is a limited liability company of which ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, the Chairman of the Company, is a member, and is aware of the potential conflict by virtue of the identity of the Lender. The Company has been advised by independent counsel in connection with the negotiation, execution and delivery of this Agreement and acknowledges that this Agreement and the transactions contemplated hereby have been the result of arms' length negotiations.
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Related to Special Acknowledgment

  • Risk Acknowledgment ADVISER does not guarantee the future performance of the Account or any specific level of performance, the success of any investment recommendation or strategy that ADVISER may take or recommend for the Account, or the success of ADVISER’s overall management of the Account. CLIENT understands that investment recommendations for the Account by ADVISER are subject to various market, currency, economic, political and business risks, and that those investment decisions will not always be profitable.

  • Additional Acknowledgments Executive acknowledges that the provisions of this Section 8 are in consideration of: (i) employment with the Employer, (ii) the issuance of the Carried Shares by the Company and (iii) additional good and valuable consideration as set forth in this Agreement. In addition, Executive agrees and acknowledges that the restrictions contained in Section 7 and this Section 8 do not preclude Executive from earning a livelihood, nor do they unreasonably impose limitations on Executive’s ability to earn a living. In addition, Executive acknowledges (i) that the business of the Company, Employer and their respective Subsidiaries will be international in scope and without geographical limitation, (ii) notwithstanding the state of incorporation or principal office of the Company, Employer or any of their respective Subsidiaries, or any of their respective executives or employees (including the Executive), it is expected that the Company and Employer will have business activities and have valuable business relationships within its industry throughout the world, and (iii) as part of his responsibilities, Executive will be traveling in furtherance of Employer’s business and its relationships. Executive agrees and acknowledges that the potential harm to the Company and Employer and their respective Subsidiaries of the non-enforcement of Section 7 and this Section 8 outweighs any potential harm to Executive of its enforcement by injunction or otherwise. Executive acknowledges that he has carefully read this Agreement and has given careful consideration to the restraints imposed upon Executive by this Agreement, and is in full accord as to their necessity for the reasonable and proper protection of confidential and proprietary information of the Company and Employer now existing or to be developed in the future. Executive expressly acknowledges and agrees that each and every restraint imposed by this Agreement is reasonable with respect to subject matter, time period and geographical area.

  • Mutual Acknowledgment Both the Company and Indemnitee acknowledge that, in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future in certain circumstances to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court for a determination of the Company’s right under public policy to indemnify Indemnitee.

  • Certain Acknowledgments Each of the parties acknowledges and agrees that no property or cash consideration of any kind whatsoever has been or shall be given by Lender to Borrower in connection with the Extension or any other amendment to the Note granted herein.

  • System Acknowledgments Custodian shall acknowledge through the System its receipt of each transmission communicated through the System, and in the absence of such acknowledgment Custodian shall not be liable for any failure to act in accordance with such transmission and the Fund may not claim that such transmission was received by Custodian.