Common use of DTPA Waiver Clause in Contracts

DTPA Waiver. BORROWER HEREBY WAIVES ALL PROVISIONS OF THE DECEPTIVE ----------- TRADE PRACTICES - CONSUMER PROTECTION ACT (TEX. BUS. & COM. CODE XXX. (S)17.01 ET SEQ. (XXXXXX SUPP. 1987)), OTHER THAN SECTION 17.555 THEREOF PERTAINING TO -- --- CONTRIBUTION AND INDEMNITY, AND EXPRESSLY WARRANTS AND REPRESENTS THAT BORROWER (A) HAS ASSETS OF $5,000,000 OR MORE, (B) HAS KNOWLEDGE AND EXPERIENCE IN FINANCIAL AND BUSINESS MATTERS THAT ENABLE BORROWER TO EVALUATE THE MERITS AND RISKS OF THIS TRANSACTION, (C) IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION RELATIVE TO LENDER, AND (D) HAS BEEN REPRESENTED BY LEGAL COUNSEL IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT.

DTPA Waiver. BORROWER HEREBY WAIVES ALL PROVISIONS OF THE DECEPTIVE ----------- TRADE PRACTICES - CONSUMER PROTECTION ACT (TEX. BUS. & COM. CODE XXXANN. (S)17.01 SECTION 17.01 ET SEQ. (XXXXXX VERNON SUPP. 1987)), OTHER THAN SECTION 17.555 00.555 THEREOF PERTAINING TO -- --- CONTRIBUTION XXXXXIBUTION AND INDEMNITY, AND EXPRESSLY WARRANTS AND REPRESENTS THAT BORROWER (A) HAS ASSETS OF $5,000,000 OR MORE, (B) HAS KNOWLEDGE AND EXPERIENCE IN FINANCIAL AND BUSINESS MATTERS THAT ENABLE BORROWER TO EVALUATE THE MERITS AND RISKS OF THIS TRANSACTION, (C) IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION RELATIVE TO LENDER, AND (D) HAS BEEN REPRESENTED BY LEGAL COUNSEL IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT.

DTPA Waiver. BORROWER HEREBY WAIVES ALL PROVISIONS OF THE DECEPTIVE ----------- TRADE PRACTICES - CONSUMER PROTECTION ACT (TEX. BUS. & COM. CODE XXXANN. (S)17.01 SS.17.01 ET SEQ. (XXXXXX VERNON SUPP. 1987)), OTHER THAN SECTION 17.555 THEREOF XXXREOF PERTAINING TO -- --- CONTRIBUTION CXXXXXXUTION AND INDEMNITY, AND EXPRESSLY WARRANTS AND REPRESENTS THAT BORROWER (A) HAS ASSETS OF $5,000,000 OR MORE, (B) HAS KNOWLEDGE AND EXPERIENCE IN FINANCIAL AND BUSINESS MATTERS THAT ENABLE BORROWER TO EVALUATE THE MERITS AND RISKS OF THIS TRANSACTION, (C) IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION RELATIVE TO LENDER, AND (D) HAS BEEN REPRESENTED BY LEGAL COUNSEL IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT.

DTPA Waiver. BORROWER HEREBY WAIVES ALL PROVISIONS OF THE ----------- DECEPTIVE ----------- TRADE PRACTICES - CONSUMER PROTECTION ACT (TEX. BUS. & COM. CODE XXX. (S)17.01 ET SEQ. (XXXXXX SUPP. 1987)), OTHER THAN SECTION 17.555 THEREOF -- --- PERTAINING TO -- --- CONTRIBUTION AND INDEMNITY, AND EXPRESSLY WARRANTS AND REPRESENTS THAT BORROWER (A) HAS ASSETS OF $5,000,000 OR MORE, (B) HAS KNOWLEDGE AND EXPERIENCE IN FINANCIAL AND BUSINESS MATTERS THAT ENABLE BORROWER TO EVALUATE THE MERITS AND RISKS OF THIS TRANSACTION, (C) IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION RELATIVE TO LENDER, AND (D) HAS BEEN REPRESENTED BY LEGAL COUNSEL IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT.

DTPA Waiver. BORROWER HEREBY WAIVES ALL PROVISIONS OF THE DECEPTIVE ----------- TRADE PRACTICES - CONSUMER PROTECTION ACT (TEX. BUS. & COM. CODE XXXANN. (S)17.01 Section 17.01 ET SEQ. (XXXXXX VERNON SUPP. 1987)), OTHER THAN SECTION 17.555 17.005 THEREOF PERTAINING TO -- --- CONTRIBUTION AND INDEMNITY, AND EXPRESSLY WARRANTS AND REPRESENTS THAT BORROWER (Aa) HAS ASSETS OF $5,000,000 OR MORE, (Bb) HAS KNOWLEDGE AND EXPERIENCE IN FINANCIAL AND BUSINESS MATTERS THAT ENABLE BORROWER TO EVALUATE THE MERITS AND RISKS OF THIS TRANSACTION, (Cc) IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION RELATIVE TO LENDERAGENT AND LENDERS, AND (Dd) HAS BEEN REPRESENTED BY LEGAL COUNSEL IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT.

DTPA Waiver. BORROWER HEREBY WAIVES ALL PROVISIONS OF THE DECEPTIVE ----------- TRADE PRACTICES - CONSUMER PROTECTION ACT (TEX. BUS. & COM. CODE XXXANN. (S)17.01 Xxction 17.01 ET SEQ. (XXXXXX SUPPVERNXX XXXP. 1987)), OTHER THAN SECTION 17.555 THEREOF PERTAINING TO -- --- CONTRIBUTION AND INDEMNITY, AND EXPRESSLY WARRANTS AND REPRESENTS THAT BORROWER (A) HAS ASSETS OF $5,000,000 OR MORE, (B) HAS KNOWLEDGE AND EXPERIENCE IN FINANCIAL AND BUSINESS MATTERS THAT ENABLE BORROWER TO EVALUATE THE MERITS AND RISKS OF THIS TRANSACTION, (C) IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION RELATIVE TO LENDER, AND (D) HAS BEEN REPRESENTED BY LEGAL COUNSEL IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT.

DTPA Waiver. BORROWER DEBTOR HEREBY WAIVES ALL PROVISIONS OF THE DECEPTIVE ----------- TRADE PRACTICES - -- CONSUMER PROTECTION ACT (TEX. BUS. & COM. CODE XXX. (S)17.01 ss. 17.01 ET SEQ. (XXXXXX SUPP. 1987)), OTHER THAN SECTION 17.555 THEREOF PERTAINING TO -- --- CONTRIBUTION AND INDEMNITY, AND EXPRESSLY WARRANTS AND REPRESENTS THAT BORROWER DEBTOR (Aa) HAS ASSETS OF $5,000,000 OR MORE, (Bb) HAS KNOWLEDGE AND EXPERIENCE IN FINANCIAL AND BUSINESS MATTERS THAT ENABLE BORROWER DEBTOR TO EVALUATE THE MERITS AND RISKS OF THIS TRANSACTION, (Cc) IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION RELATIVE TO LENDERSECURED PARTY, AND (Dd) HAS BEEN REPRESENTED BY LEGAL COUNSEL IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT.