WAIVER OF SECTION 1542 PROTECTIONS. As of the Closing, Contributor and the Operating Partnership (on behalf of itself and the Company) each expressly acknowledges that it has had, or has had and waived, the opportunity to be advised by independent legal counsel and hereby waives and relinquishes all rights and benefits afforded by Section 1542 of the California Civil Code and do so understanding and acknowledging the significance and consequence of such specific waiver of Section 1542 which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED THE SETTLEMENT WITH THE DEBTOR.
Appears in 9 contracts
Samples: Contribution Agreement (Excel Trust, Inc.), Contribution Agreement (Excel Trust, Inc.), Contribution Agreement (Excel Trust, Inc.)
WAIVER OF SECTION 1542 PROTECTIONS. As of the Closing, each Contributor and the Operating Partnership (on behalf of itself and the Company) each expressly acknowledges that it has had, or has had and waived, the opportunity to be advised by independent legal counsel and hereby waives and relinquishes all rights and benefits afforded by Section 1542 of the California Civil Code and do does so understanding and acknowledging the significance and consequence of such specific waiver of Section 1542 which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED THE SETTLEMENT WITH THE DEBTOR.
Appears in 6 contracts
Samples: Contribution Agreement (Maguire Properties Inc), Contribution Agreement (Maguire Properties Inc), Contribution Agreement (Maguire Properties Inc)
WAIVER OF SECTION 1542 PROTECTIONS. As of the Closing, Contributor the Contributors, the Company and the Operating Partnership (on behalf of itself and the Company) each expressly acknowledges that it has had, or has had and waived, the opportunity to be advised by independent legal counsel and hereby waives and relinquishes all rights and benefits afforded by Section 1542 of the California Civil Code and do does so understanding and acknowledging the significance and consequence of such specific waiver of Section 1542 1542, which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED THE HIS OR HER SETTLEMENT WITH THE DEBTOR.
Appears in 3 contracts
Samples: Contribution Agreement (Meruelo Richard), Contribution Agreement (Meruelo Maddux Properties, Inc.), Contribution Agreement (Meruelo Maddux Properties, Inc.)
WAIVER OF SECTION 1542 PROTECTIONS. As of the Closing, each Contributor and the Operating Partnership (on behalf of itself and the Company) each expressly acknowledges acknowledge that it has had, or has had and waived, the opportunity to be advised by independent legal counsel and hereby waives and relinquishes all rights and benefits afforded by Section 1542 of the California Civil Code and do does so understanding and acknowledging the significance and consequence of such specific waiver of Section 1542 which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED THE SETTLEMENT WITH THE DEBTOR.
Appears in 3 contracts
Samples: Contribution Agreement (Maguire Properties Inc), Contribution Agreement (Maguire Properties Inc), Contribution Agreement (Maguire Properties Inc)
WAIVER OF SECTION 1542 PROTECTIONS. As of the Closing, each Contributor and the Operating Partnership (on behalf of itself and the Company) each expressly acknowledges that it has had, or has had and waived, the opportunity to be advised by independent legal counsel and hereby waives and relinquishes all rights and benefits afforded by Section 1542 of the California Civil Code and do does so understanding and acknowledging the significance and consequence of such specific waiver of Section 1542 which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED THE SETTLEMENT WITH THE DEBTOR.. (initials ) Operating Partnership Contributors
Appears in 1 contract
Samples: Contribution Agreement (Thomas Properties Group Inc)
WAIVER OF SECTION 1542 PROTECTIONS. As of the Closing, each Contributor and the Operating Partnership (on behalf of itself and the Company) each expressly acknowledges that it has had, or has had and waived, the opportunity to be advised by independent legal counsel and hereby waives and relinquishes all rights and benefits afforded by Section 1542 of the California Civil Code and do does so understanding and acknowledging the significance and consequence of such specific waiver of Section 1542 which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED THE SETTLEMENT WITH THE DEBTOR.. (initials) Operating Partnership Contributors
Appears in 1 contract
Samples: Contribution Agreement (Thomas Properties Group Inc)
