Common use of Waiver of Rights under Texas Deceptive Trade Practices Act Clause in Contracts

Waiver of Rights under Texas Deceptive Trade Practices Act. EACH LOAN PARTY HEREBY WAIVES ITS RIGHTS UNDER THE DECEPTIVE TRADE PRACTICES—CONSUMER PROTECTION ACT, SECTION § 17.41 ET SEQ. TEXAS BUSINESS & COMMERCE CODE, A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. AFTER CONSULTATION WITH AN ATTORNEY OF EACH LOAN PARTY’S OWN SELECTION, EACH LOAN PARTY VOLUNTARILY CONSENTS TO THIS WAIVER. EACH LOAN PARTY EXPRESSLY WARRANTS AND REPRESENTS THAT IT (A) IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION RELATIVE TO LENDER, AND (B) HAS BEEN REPRESENTED BY LEGAL COUNSEL IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT.

Appears in 4 contracts

Samples: Credit and Security Agreement (IES Holdings, Inc.), Credit and Security Agreement (IES Holdings, Inc.), Credit and Security Agreement (Integrated Electrical Services Inc)

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Waiver of Rights under Texas Deceptive Trade Practices Act. EACH LOAN PARTY BORROWER HEREBY WAIVES ITS RIGHTS UNDER THE DECEPTIVE TRADE PRACTICES—CONSUMER PROTECTION ACT, SECTION § 17.41 ET SEQ. TEXAS BUSINESS & COMMERCE CODE, A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. AFTER CONSULTATION WITH AN ATTORNEY OF EACH LOAN PARTYTHE BORROWER’S OWN SELECTION, EACH LOAN PARTY BORROWER VOLUNTARILY CONSENTS TO THIS WAIVER. EACH LOAN PARTY BORROWER EXPRESSLY WARRANTS AND REPRESENTS THAT IT (A) IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION RELATIVE TO LENDERBANK, AND (B) HAS BEEN REPRESENTED BY LEGAL COUNSEL IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENTAGREEMENT AND THE OTHER LOAN DOCUMENTS.

Appears in 1 contract

Samples: Loan Agreement (Applied Optoelectronics, Inc.)

Waiver of Rights under Texas Deceptive Trade Practices Act. EACH LOAN PARTY BORROWER AND EACH GUARANTOR HEREBY WAIVES ITS RIGHTS UNDER THE DECEPTIVE TRADE PRACTICES—CONSUMER PROTECTION ACT, SECTION § 17.41 ET SEQ. TEXAS BUSINESS & COMMERCE CODE, A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. AFTER CONSULTATION WITH AN ATTORNEY OF EACH LOAN PARTYSUCH BORROWER’S AND SUCH GUARANTORS’ OWN SELECTION, EACH LOAN PARTY BORROWER AND EACH GUARANTOR VOLUNTARILY CONSENTS TO THIS WAIVER. EACH LOAN PARTY BORROWER AND EACH GUARANTOR EXPRESSLY WARRANTS AND REPRESENTS THAT IT (A) IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION RELATIVE TO LENDERBANK, AND (B) HAS BEEN REPRESENTED BY LEGAL COUNSEL IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENTAGREEMENT AND THE OTHER LOAN DOCUMENTS.

Appears in 1 contract

Samples: Loan Agreement (Hallwood Group Inc)

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Waiver of Rights under Texas Deceptive Trade Practices Act. EACH LOAN PARTY BORROWER HEREBY WAIVES ITS RIGHTS UNDER THE DECEPTIVE TRADE PRACTICES—CONSUMER PROTECTION ACT, SECTION § 17.41 ET SEQ. TEXAS BUSINESS & COMMERCE CODE, A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. AFTER CONSULTATION WITH AN ATTORNEY OF EACH LOAN PARTYBORROWER’S OWN SELECTION, EACH LOAN PARTY BORROWER VOLUNTARILY CONSENTS TO THIS WAIVER. EACH LOAN PARTY BORROWER EXPRESSLY WARRANTS AND REPRESENTS THAT IT SUCH BORROWER (A) IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION RELATIVE TO AGENT AND/OR ANY LENDER, AND (B) HAS BEEN REPRESENTED BY LEGAL COUNSEL IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Horizon Offshore Inc)

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