Common use of Reviewed by Attorneys Clause in Contracts

Reviewed by Attorneys. Each Obligor represents and warrants to the Lenders that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents executed in connection herewith with, such attorneys and other persons as Obligors may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kind. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 16 contracts

Samples: Forbearance Agreement (Unique Fabricating, Inc.), Forbearance Agreement (Unique Fabricating, Inc.), Forbearance Agreement (Unique Fabricating, Inc.)

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Reviewed by Attorneys. Each Obligor Borrower represents and warrants to the Agent and Lenders that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to discuss this Agreement with, and have this Agreement reviewed by, and to discuss this Agreement and any documents executed in connection herewith with, such attorneys and other persons as Obligors such Borrower may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 6 contracts

Samples: Amendment and Forbearance Agreement (Clark Holdings Inc.), Forbearance Agreement (School Specialty Inc), Possession Credit Agreement (School Specialty Inc)

Reviewed by Attorneys. Each Obligor Borrower represents and warrants to the Agent and Lenders that it (a) understands fully the terms of this Agreement Amendment and the consequences of the execution and delivery of this AgreementAmendment, (b) has been afforded an opportunity to have this Agreement Amendment reviewed by, and to discuss this Agreement Amendment and any documents each document executed in connection herewith with, such attorneys and other persons as Obligors such Borrower may wish, and (c) has entered into this Agreement Amendment and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement Amendment nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement Amendment and the other documents executed pursuant hereto or in connection herewith.

Appears in 6 contracts

Samples: Loan and Security Agreement (Kemet Corp), Loan and Security Agreement (Kemet Corp), Loan and Security Agreement and Joinder (Kemet Corp)

Reviewed by Attorneys. Each Obligor represents and warrants to the Agent and Lenders that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to discuss this Agreement with, and have this Agreement reviewed by, and to discuss this Agreement and any documents executed in connection herewith with, such attorneys and other persons as Obligors such Obligor may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall will be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 6 contracts

Samples: Loan Agreement and Forbearance Agreement (School Specialty Inc), Loan Agreement (School Specialty Inc), Loan Agreement (School Specialty Inc)

Reviewed by Attorneys. Each Obligor Loan Party represents and warrants to the Agent and Lenders that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, ; (b) has been afforded an opportunity to discuss this Agreement with, and have this Agreement reviewed by, and to discuss this Agreement and any documents executed in connection herewith with, such attorneys and other persons as Obligors any Loan Party may wish, ; and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress duress, or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall will be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 5 contracts

Samples: Fourth Forbearance Agreement (Essex Rental Corp.), Fifth Forbearance Agreement (Essex Rental Corp.), Third Forbearance Agreement (Essex Rental Corp.)

Reviewed by Attorneys. Each Obligor Borrower represents and warrants to the Lenders Lender that it (a) understands fully the terms of this Agreement Amendment and the consequences of the execution and delivery of this AgreementAmendment, (b) has been afforded an opportunity to have this Agreement Amendment reviewed by, and to discuss this Agreement Amendment and any documents each document executed in connection herewith with, such attorneys and other persons as Obligors such Borrower may wish, and (c) has entered into this Agreement Amendment and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement Amendment nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement Amendment and the other documents executed pursuant hereto or in connection herewith.

Appears in 4 contracts

Samples: Loan and Security Agreement (Wireless Telecom Group Inc), Loan and Security Agreement (Wireless Telecom Group Inc), Loan and Security Agreement (Wireless Telecom Group Inc)

Reviewed by Attorneys. Each Obligor Borrower represents and warrants to the Agent and Lenders that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents document executed in connection herewith with, such attorneys and other persons as Obligors such Borrower may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 4 contracts

Samples: Waiver Agreement (Curative Health Services Inc), Waiver Agreement (Curative Health Services Inc), Waiver Agreement (Curative Health Services Inc)

Reviewed by Attorneys. Each Obligor of Borrower and Parent represents and warrants to the Lenders GE Capital that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents document executed in connection herewith with, such attorneys and other persons as Obligors such Credit Party may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 4 contracts

Samples: Forbearance and Amendment Agreement (Parlux Fragrances Inc), Third Forbearance and Amendment Agreement (Parlux Fragrances Inc), Forbearance and Amendment Agreement (Parlux Fragrances Inc)

Reviewed by Attorneys. Each Obligor Borrower represents and warrants to the Agent and Lenders that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents each document executed in connection herewith with, such attorneys and other persons as Obligors such Borrower may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 4 contracts

Samples: Loan and Security Agreement (Kemet Corp), Intercreditor Agreement (Kemet Corp), Loan and Security Agreement (Kemet Corp)

Reviewed by Attorneys. Each Obligor Borrower represents and warrants to the Lenders Lender that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents document executed in connection herewith with, such attorneys and other persons as Obligors Borrower may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 3 contracts

Samples: Loan and Security Agreement (Bioheart, Inc.), Forbearance Agreement (Swmx, Inc.), And Forbearance Agreement (Conmat Technologies Inc)

Reviewed by Attorneys. Each Obligor Borrower represents and warrants to the Agent and Lenders that it (a) understands fully the terms of this Agreement Amendment and the consequences of the execution and delivery of this AgreementAmendment, (b) has been afforded an opportunity to discuss this Amendment with, and have this Agreement Amendment reviewed by, and to discuss this Agreement and any documents executed in connection herewith with, such attorneys and other persons as Obligors Borrower may wish, and (c) has entered into this Agreement Amendment and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement Amendment nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement Amendment and the other documents executed pursuant hereto or in connection herewith.

Appears in 3 contracts

Samples: Forbearance Agreement (Dialogic Inc.), Forbearance Agreement (Dialogic Inc.), Forbearance Agreement (Dialogic Inc.)

Reviewed by Attorneys. Each Obligor Borrower represents and warrants to the Lenders Brigus that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents document executed in connection herewith with, such attorneys and other persons as Obligors such Borrower may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 3 contracts

Samples: Forbearance Agreement (Calais Resources Inc), Forbearance Agreement (Calais Resources Inc), Forbearance Agreement (Calais Resources Inc)

Reviewed by Attorneys. Each Obligor represents The Borrower, each Guarantor and warrants the Shareholder represent and warrant to Administrative Agent and the Lenders that it (ai) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (bii) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any the documents executed in connection herewith withherewith, with such attorneys and other persons and advisors as Obligors the Borrower, Guarantors and Shareholder, respectively, may wish, and (ciii) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor any of the other documents executed pursuant hereto shall be construed more favorably in favor of one than party over the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 3 contracts

Samples: Limited Forbearance Agreement (Champion Industries Inc), Limited Forbearance Agreement (Champion Industries Inc), Limited Forbearance Agreement (Champion Industries Inc)

Reviewed by Attorneys. Each Obligor Borrower and each Credit Party represents and warrants to the Agent and Lenders that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any the documents executed in connection herewith withherewith, with such attorneys and other persons and advisors as Obligors Borrower may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the any other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 3 contracts

Samples: Forbearance Agreement (Vertis Inc), Forbearance Agreement (Vertis Inc), Forbearance Agreement (Vertis Inc)

Reviewed by Attorneys. Each Obligor Borrower represents and warrants to the Lenders Lender that it (a) understands fully the terms of this Agreement Amendment and the consequences of the execution and delivery of this AgreementAmendment, (b) has been afforded an opportunity to discuss this Amendment with, and have this Agreement Amendment reviewed by, and to discuss this Agreement and any documents executed in connection herewith with, such attorneys and other persons as Obligors such Borrower may wish, and (c) has entered into this Agreement Amendment and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement Amendment nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement Amendment and the other documents executed pursuant hereto or in connection herewith.

Appears in 3 contracts

Samples: Loan and Security Agreement (Wave2Wave Communications, Inc.), Loan and Security Agreement (Titan Global Holdings, Inc.), Loan and Security Agreement (Titan Global Holdings, Inc.)

Reviewed by Attorneys. Each Obligor Loan Party represents and warrants to the Administrative Agent and Lenders that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to discuss this Agreement with, and have this Agreement reviewed by, and to discuss this Agreement and any documents executed in connection herewith with, such attorneys and other persons as Obligors such Loan Party may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall will be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 3 contracts

Samples: Forbearance Agreement (Fenix Parts, Inc.), Forbearance Agreement (Fenix Parts, Inc.), Forbearance Agreement (Fenix Parts, Inc.)

Reviewed by Attorneys. Each Obligor Borrower represents and warrants to the Lenders Lender that it such Borrower (ai) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (bii) has been afforded an the opportunity to discuss this Agreement with, and have this Agreement reviewed by, and to discuss this Agreement and any documents executed in connection herewith with, such attorneys and other persons as Obligors such Borrower may wish, and (ciii) has entered into this Agreement and executed and delivered all documents in connection herewith here with of its own free will and accord and without threat, duress duress, or other coercion of any kindkind by any person. The parties hereto acknowledge Each Borrower acknowledges and agree agrees that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one party than the other another based upon which party drafted the same, it being acknowledged that all the parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 2 contracts

Samples: Second Forbearance Agreement (Appreciate Holdings, Inc.), Forbearance Agreement (Appreciate Holdings, Inc.)

Reviewed by Attorneys. Each Obligor The Existing Borrower represents and warrants to the Lenders Lender that it (a) understands fully the terms of this Agreement Waiver and the consequences of the execution and delivery of this AgreementWaiver, (b) has been afforded an opportunity to have this Agreement Waiver reviewed by, and to discuss this Agreement Waiver and any documents document executed in connection herewith with, such attorneys and other persons as Obligors the Existing Borrower may wish, and (c) has entered into this Agreement Waiver and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement Waiver nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement Waiver and the other documents executed pursuant hereto or in connection herewith.

Appears in 2 contracts

Samples: Loan Agreement (Invuity, Inc.), Security Agreement (Invuity, Inc.)

Reviewed by Attorneys. Each Obligor Borrower and each Guarantor represents and warrants to the Lenders Agent and each Lender that it it: (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, ; (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents document executed in connection herewith with, such attorneys and other persons as Obligors Borrower or any Guarantor may wish, ; and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 2 contracts

Samples: Number Nine and Forbearance Agreement (Daegis Inc.), Forbearance Agreement (Daegis Inc.)

Reviewed by Attorneys. Each Obligor Borrower represents and warrants to the Agent and Lenders that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to discuss this Agreement with, and have this Agreement reviewed by, and to discuss this Agreement and any documents executed in connection herewith with, such attorneys and other persons as Obligors Borrower may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall will be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 2 contracts

Samples: Consent And (Enphase Energy, Inc.), Waiver And (Enphase Energy, Inc.)

Reviewed by Attorneys. Each Obligor Borrower and Guarantor represents and warrants to the Lenders that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents document executed in connection herewith with, such attorneys and other persons as Obligors each Borrower and Guarantor may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 1 contract

Samples: Loan and Security Agreement (Drugmax Inc)

Reviewed by Attorneys. Each Obligor represents Borrower and warrants to the Lenders Envision Guarantors represent and warrant that it they (a) understands understand fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has have been afforded an opportunity oppor­tunity to have this Agreement reviewed by, and to discuss this Agreement and any all documents executed in connection herewith with, such attorneys and other persons as Obligors Borrower may wish, and (c) has have entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 1 contract

Samples: Forbearance Agreement (Casita Enterprises, Inc.)

Reviewed by Attorneys. Each Obligor represents The Borrower and warrants the Guarantors represent and warrant to the Lenders that it they (a) understands understand fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has have been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents document executed in connection herewith withherewith, with such attorneys and other persons Persons as Obligors the Borrower and the Guarantors may wish, and (c) has have entered into this Agreement and executed and delivered all documents in connection herewith of its their own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 1 contract

Samples: Credit Agreement (Golf Trust of America Inc)

Reviewed by Attorneys. Each Obligor Borrower represents and warrants to the Agent and Lenders that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents each document executed in connection herewith with, such attorneys and other persons as Obligors such Borrower may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge 3275418.4 5 and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 1 contract

Samples: Loan and Security Agreement (Kemet Corp)

Reviewed by Attorneys. Each Obligor represents and warrants to the Lenders Lender Parties and the Collateral Agent that it such Obligor (ai) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (bii) has been afforded an the opportunity to discuss this Agreement with, and have this Agreement reviewed by, and to discuss this Agreement and any documents executed in connection herewith with, such attorneys and other persons as Obligors such Obligor may wish, and (ciii) has entered into this Agreement and executed and delivered all documents in connection herewith here with of its own free will and accord and without threat, duress duress, or other coercion of any kindkind by any person. The parties hereto Obligors acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one party than the other another based upon which party drafted the same, it being acknowledged that all the parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 1 contract

Samples: Strict Foreclosure and Forbearance Agreement (Sundance Strategies, Inc.)

Reviewed by Attorneys. Each Obligor Borrower represents and warrants to the Agent and Lenders that it (ai) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (bii) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents document executed in connection herewith with, such attorneys and other persons as Obligors Borrower may wish, and (ciii) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 1 contract

Samples: Spartan Stores Inc

Reviewed by Attorneys. Each Obligor Borrower represents and warrants to Forest and the Lenders Lender that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents document executed in connection herewith with, such attorneys and other persons as Obligors Borrower may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 1 contract

Samples: Forbearance Agreement (Transgenomic Inc)

Reviewed by Attorneys. Each Obligor Borrower represents and warrants to the Lenders Lender that it such Borrower (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents document executed in connection herewith with, such attorneys and other persons as Obligors such Borrower may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 1 contract

Samples: Forbearance Agreement (Intelefilm Corp)

Reviewed by Attorneys. Each Obligor Borrower represents and warrants to the Lenders Lender that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to discuss this Agreement with, and have this Agreement reviewed by, and to discuss this Agreement and any documents executed in connection herewith with, such attorneys and other persons as Obligors such Borrower may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall will be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 1 contract

Samples: Forbearance Agreement (Katy Industries Inc)

Reviewed by Attorneys. Each Obligor Borrower represents and warrants to the Agent and Lenders that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, ; (b) has been afforded an opportunity to discuss this Agreement with, and have this Agreement reviewed by, and to discuss this Agreement and any documents executed in connection herewith with, such attorneys and other persons as Obligors Borrower may wish, ; and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress duress, or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall will be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 1 contract

Samples: Forbearance Agreement

Reviewed by Attorneys. Each Obligor Borrower represents and warrants to the Lenders Purchaser that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to discuss this Agreement with, and have this Agreement reviewed by, and to discuss this Agreement and any documents executed in connection herewith with, such attorneys and other persons as Obligors such Borrower may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall will be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 1 contract

Samples: Securities Purchase Agreement (Appreciate Holdings, Inc.)

Reviewed by Attorneys. Each Obligor represents Company and warrants to the Lenders Envision Guarantors represent and warrant that it they (a) understands understand fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has have been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any all documents executed in connection herewith with, such attorneys and other persons as Obligors Company may wish, and (c) has have entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 1 contract

Samples: Amendment Agreement (Casita Enterprises, Inc.)

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Reviewed by Attorneys. Each Obligor of the Parties represents and warrants to the Lenders all other Parties that he or it (aA) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (bB) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents document executed in connection herewith with, such attorneys and other persons as Obligors such Party may wish, and (cC) has entered into this Agreement and executed and delivered all documents in connection herewith of his or its own free will and accord and without threat, duress or other coercion of any kindkind by any person or entity. The parties Parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party Party or which Party’s counsel drafted the same, it being acknowledged that all parties Parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 1 contract

Samples: Settlement and Securities Purchase Agreement (Care Concepts I Inc /Fl/)

Reviewed by Attorneys. Each Obligor Borrower represents and warrants to the Lenders Lender that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents document executed in connection herewith with, such attorneys and other persons as Obligors Borrower may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 1 contract

Samples: Forbearance and Consent Agreement (Edac Technologies Corp)

Reviewed by Attorneys. Each Obligor represents and warrants to the Lenders CRG Parties that it (ai) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (bii) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any the documents executed in connection herewith withherewith, with such attorneys and other persons and advisors as Obligors such Obligor may wish, and (ciii) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor any of the other documents executed pursuant hereto shall be construed more favorably in favor of one than party over the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 1 contract

Samples: Limited Forbearance Agreement (Synergy Pharmaceuticals, Inc.)

Reviewed by Attorneys. Each Obligor PNPL, THC LLC and Mx. Xxxxxxxxx each represents and warrants to the Lenders Stockholder Representative and each Noteholder that it it: (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, ; (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents document executed in connection herewith with, such attorneys and other persons as Obligors PNPL, THC LLC or Mx. Xxxxxxxxx may wish, ; and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any person. The parties Parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties Parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 1 contract

Samples: Standstill and Waiver Agreement (Pineapple Express, Inc.)

Reviewed by Attorneys. Each Obligor party hereto represents and warrants to the Lenders that it (a) understands fully the terms of this Agreement Agreement, including any attachments and exhibits, and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to discuss this Agreement with, and have this Agreement reviewed by, and to discuss this Agreement and any documents executed in connection herewith with, such attorneys and other persons as Obligors such party may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith herewith, of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 1 contract

Samples: Forbearance Agreement (FTE Networks, Inc.)

Reviewed by Attorneys. Each Obligor Borrower and each Guarantor represents and warrants to the Agent and Lenders that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to discuss this Agreement with, and have this Agreement reviewed by, and to discuss this Agreement and any documents executed in connection herewith with, such attorneys and other persons as Obligors such Borrower and such Guarantor may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 1 contract

Samples: Forbearance Agreement and Third (Wabash National Corp /De)

Reviewed by Attorneys. Each Obligor Borrower and each Guarantor represents and warrants to the Agent and Lenders that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to discuss this Agreement with, and have this Agreement reviewed by, and to discuss this Agreement and any documents executed in connection herewith with, such attorneys and other persons as Obligors such Borrower or such Guarantor may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 1 contract

Samples: Forbearance Extension (Neenah Foundry Co)

Reviewed by Attorneys. Each Obligor Borrower represents and warrants to the Lenders Lender that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to discuss this Agreement with, and have this Agreement reviewed by, and to discuss this Agreement and any documents executed in connection herewith with, such attorneys and other persons as Obligors Borrower may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 1 contract

Samples: Loan and Security Agreement (Titan Global Holdings, Inc.)

Reviewed by Attorneys. Each Obligor of the Parties represents and warrants to the Lenders all other Parties that he or it (aA) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (bB) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents document executed in connection herewith with, such attorneys and other persons as Obligors such Party may wish, and (cC) has entered into this Agreement and executed and delivered all documents in connection herewith of his or its own free will and accord and without threat, duress or other coercion of any kindkind by any person or entity. The parties Parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party Party or which Party's counsel drafted the same, it being acknowledged that all parties Parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 1 contract

Samples: Settlement Agreement (Searchhelp Inc)

Reviewed by Attorneys. Each Obligor of Borrowers and Guarantors represents and warrants to the Lenders that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents document executed in connection herewith with, such attorneys and other persons as Obligors each of Borrowers and Guarantors may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 1 contract

Samples: 16 and Forbearance Agreement (Evergreen International Aviation Inc)

Reviewed by Attorneys. Each Obligor Borrower represents and warrants to the Lenders Agent that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to discuss this Agreement with, and have this Agreement reviewed by, and to discuss this Agreement and any documents executed in connection herewith with, such attorneys and other persons as Obligors Borrower may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 1 contract

Samples: Loan and Security Agreement (Titan Global Holdings, Inc.)

Reviewed by Attorneys. Each Obligor Borrower and each Guarantor represents and warrants to the Lenders Agent and each Lender that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents document executed in connection herewith with, such attorneys and other persons as Obligors Borrower or any Guarantor may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 1 contract

Samples: Forbearance Agreement (THQ Inc)

Reviewed by Attorneys. Each Obligor Restricted Person represents and warrants to the Lenders each Lender Party and each Lender Counterparty that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreementhereof, (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents executed in connection herewith with, such attorneys and other persons as Obligors Borrowers may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress duress, or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto in connection herewith shall not be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 1 contract

Samples: Forbearance Agreement (RAAM Global Energy Co)

Reviewed by Attorneys. Each Obligor represents The Borrower, each Guarantor and warrants the Shareholder represent and warrant to the Lenders Lender Parties that it (ai) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (bii) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any the documents executed in connection herewith withherewith, with such attorneys and other persons and advisors as Obligors the Borrower, Guarantors and Shareholder, respectively, may wish, and (ciii) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor any of the other documents executed pursuant hereto shall be construed more favorably in favor of one than party over the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 1 contract

Samples: Credit Agreement (Champion Industries Inc)

Reviewed by Attorneys. Each Obligor Borrower and each Transaction Party represents and warrants to Administrative Agent and the Lenders that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any the documents executed in connection herewith withherewith, with such attorneys and other persons and advisors as Obligors Borrower may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the any other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 1 contract

Samples: Forbearance Agreement (Vertis Inc)

Reviewed by Attorneys. Each Obligor Borrower represents and warrants to the Agent and Lenders that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to discuss this Agreement with, and have this Agreement reviewed by, and to discuss this Agreement and any documents executed in connection herewith with, such attorneys and other persons as Obligors Borrower may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 1 contract

Samples: Credit Agreement (Ocz Technology Group Inc)

Reviewed by Attorneys. Each Obligor Company and each Guarantor represents and warrants warrant to Agents and the Lenders that it they (a) understands understand fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has have been afforded an opportunity to discuss this Agreement with, and have this Agreement reviewed by, and to discuss this Agreement and any documents executed in connection herewith with, such attorneys and other persons as Obligors Company and the Guarantors may wish, and (c) has have entered into this Agreement and executed and delivered all documents in connection herewith of its their own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall will be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 1 contract

Samples: Forbearance Agreement (Speed Commerce, Inc.)

Reviewed by Attorneys. Each Obligor Borrower represents and warrants to the Lenders Bank that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents document executed in connection herewith with, such attorneys and other persons as Obligors Borrower may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 1 contract

Samples: Modification and Forbearance Agreement (Transbotics Corp)

Reviewed by Attorneys. Each Obligor Company represents and warrants to the Lenders Laurus that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents executed in connection herewith with, with such attorneys and other persons Persons as Obligors such Company may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith and therewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any Person. The parties hereto acknowledge and agree that neither this Agreement Agreement, the Financing Agreements nor the other documents documents, instruments and agreements executed pursuant hereto and thereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and preparation of this Agreement Agreement, the Financing Agreements and the other documents documents, instruments and agreements executed pursuant hereto and thereto or in connection herewithherewith or therewith.

Appears in 1 contract

Samples: Amendment and Forbearance Agreement (Earthfirst Technologies Inc)

Reviewed by Attorneys. Each Obligor of the Collateral Parties represents and warrants to the Lenders Laurus that it (a) understands fully the terms of this Agreement and the consequences of the execution and delivery of this Agreement, (b) has been afforded an opportunity to have this Agreement reviewed by, and to discuss this Agreement and any documents document executed in connection herewith with, such attorneys and other persons as Obligors such parties may wish, and (c) has entered into this Agreement and executed and delivered all documents in connection herewith of its own free will and accord and without threat, duress or other coercion of any kindkind by any person or entity. The parties hereto acknowledge and agree that neither this Agreement nor the other documents executed pursuant hereto shall be construed more favorably in favor of one than the other based upon which party drafted the same, it being acknowledged that all parties hereto contributed substantially to the negotiation and 11 preparation of this Agreement and the other documents executed pursuant hereto or in connection herewith.

Appears in 1 contract

Samples: Standstill Agreement (Global Digital Solutions Inc)

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