Common use of Amendments; Interpretation Clause in Contracts

Amendments; Interpretation. No amendment or modification of any provision of this Agreement shall be effective without the written agreement of each Loan Party, Agent and the Lenders, and no waiver of any provision of this Agreement or consent to any departure by any Loan Party therefrom, shall in any event be effective without the written concurrence of the Agent and Lenders. Any waiver or consent shall be effective only in the specific instance and for the specific purpose for which it was given. No notice to or demand upon any Loan Party in any case shall entitle any Loan Party to any other or further notice or demand in similar or other circumstances. No prior drafts of this Agreement or any negotiations regarding the terms contained in those drafts shall be admissible in any court to vary or interpret the terms of this Agreement. In the event of any inconsistency between the terms of this Agreement and any other Loan Document, this Agreement shall govern and control. The parties hereto have had the opportunity to be represented by counsel in their negotiations of the terms of this Agreement, and therefore, no provision of this Agreement shall be construed against any party hereto on the theory that such party drafted such provision.

Appears in 2 contracts

Samples: Forbearance Agreement, Forbearance Agreement (Joe's Jeans Inc.)

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Amendments; Interpretation. No amendment or modification of any provision of this Agreement shall be effective without the written agreement of each Loan Party, Agent and the Required Lenders (or, all of the Lenders, to the extent required by the Credit Agreement), and no waiver of any provision of this Agreement or consent to any departure by any Loan Party therefrom, shall in any event be effective without the written concurrence of the Agent and Required Lenders (or, all of the Lenders, to the extent required by the Credit Agreement). Any waiver or consent shall be effective only in the specific instance and for the specific purpose for which it was given. No notice to or demand upon any Loan Party in any case shall entitle any Loan Party to any other or further notice or demand in similar or other circumstances. No prior drafts of this Agreement or any negotiations regarding the terms contained in those drafts shall be admissible in any court to vary or interpret the terms of this Agreement. In the event of any inconsistency between the terms of this Agreement and any other Loan Document, this Agreement shall govern and control. The parties hereto have had the opportunity to be represented by counsel in their negotiations of the terms of this Agreement, and therefore, no provision of this Agreement shall be construed against any party hereto on the theory that such party drafted such provision.

Appears in 1 contract

Samples: Forbearance Agreement (Joe's Jeans Inc.)

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Amendments; Interpretation. No amendment or modification of any provision of this Agreement shall be effective without the written agreement of each Loan Credit Party, Agent and the Lenders, and no waiver of any provision of this Agreement or consent to any departure by any Loan Credit Party therefrom, shall in any event be effective without the written concurrence of the Agent and Lenders. Any waiver or consent shall be effective only in the specific instance and for the specific purpose for which it was given. No notice to or demand upon any Loan Credit Party in any case shall entitle any Loan Credit Party to any other or further notice or demand in similar or other circumstances. No prior drafts of this Agreement or any negotiations regarding the terms contained in those drafts shall be admissible in any court to vary or interpret the terms of this Agreement. In the event of any inconsistency between the terms of this Agreement and any other Loan Transaction Document, this Agreement shall govern and control. The parties hereto have had the opportunity to be represented by counsel in their negotiations of the terms of this Agreement, and therefore, no provision of this Agreement shall be construed against any party hereto on the theory that such party drafted such provision.

Appears in 1 contract

Samples: Forbearance Agreement (SOCIAL REALITY, Inc.)

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