Special Acknowledgment Clause Samples
A Special Acknowledgment clause serves to formally recognize and confirm a particular fact, circumstance, or understanding between the parties that is significant to the agreement. This clause may require one or both parties to explicitly acknowledge awareness of specific risks, prior disclosures, or unique terms that differ from standard contract provisions. By including such an acknowledgment, the clause helps prevent future disputes by ensuring both parties are aware of and agree to the highlighted issue, thereby promoting transparency and reducing the likelihood of misunderstandings.
Special Acknowledgment. EACH GRANTEE ACKNOWLEDGES AND AGREES THAT: (i) SUCH GRANTEE IS EXECUTING THIS AGREEMENT VOLUNTARILY AND WITHOUT ANY DURESS OR UNDUE INFLUENCE BY THE COMPANY OR ANYONE ELSE; (ii) SUCH GRANTEE HAS CAREFULLY READ AND FULLY UNDERSTANDS THIS AGREEMENT; (iii) SUCH GRANTEE IS WAIVING ANY RIGHT TO A JURY TRIAL; AND (iv) THIS AGREEMENT IS INTENDED TO BE STRICTLY ENFORCEABLE. EACH GRANTEE FURTHER ACKNOWLEDGES AND AGREES THAT IT HAS BEEN PROVIDED AN OPPORTUNITY TO SEEK THE ADVICE OF AN ATTORNEY OF ITS CHOICE BEFORE SIGNING THIS AGREEMENT.
Special Acknowledgment. Each party acknowledges and agrees that: (A) such party is executing this agreement voluntarily and without any duress or undue influence by any person; (B) such party has carefully read and fully understands the terms, consequences and binding effect of this Agreement; (C) such party is waiving any right to a jury trial; and (D) this Agreement is intended to be strictly enforceable. Each party further acknowledges and agrees that it has been provided an opportunity to seek the advice of an attorney of its choice before singing this Agreement.
Special Acknowledgment. EACH PARTY ACKNOWLEDGES AND AGREES THAT: (1) SUCH PARTY IS EXECUTING THIS AGREEMENT VOLUNTARILY AND WITHOUT ANY DURESS OR UNDUE INFLUENCE BY ANYONE ELSE; (2) SUCH PARTY HAS CAREFULLY READ AND FULLY UNDERSTANDS THIS AGREEMENT; (3) SUCH PARTY IS WAIVING ANY RIGHT TO A JURY TRIAL; AND (4) THIS AGREEMENT IS INTENDED TO BE STRICTLY ENFORCEABLE. EACH PARTY FURTHER ACKNOWLEDGES AND AGREES THAT IT HAS BEEN PROVIDED AN OPPORTUNITY TO SEEK THE ADVICE OF AN ATTORNEY OF ITS CHOICE BEFORE SIGNING THIS AGREEMENT.
Special Acknowledgment. Buyer acknowledges that Seller operates a centralized cash management system and that substantially all of the Company's cash has been (through the Closing Date) distributed to Seller.
Special Acknowledgment. EACH PARTY ACKNOWLEDGES AND AGREES THAT: (1) SUCH PARTY IS EXECUTING THIS AGREEMENT VOLUNTARILY AND WITHOUT ANY DURESS OR UNDUE INFLUENCE BY ANYONE ELSE; (2) SUCH PARTY HAS CAREFULLY READ AND FULLY UNDERSTANDS THIS AGREEMENT; (3) SUCH PARTY IS WAIVING ANY RIGHT TO A JURY TRIAL; AND
Special Acknowledgment. Section 2.13(c) of the Credit Agreement provides that, if, at any time, a Prepayment Event occurs, which includes the issuance of equity by any Company, Borrowers shall, as promptly as practicable, but in no event later than the next Business Day, apply the Prepayment Proceeds to the Revolving Loans and the Revolving Commitments and the Maximum Commitment Amount shall be permanently reduced by the amount of Prepayment Proceeds allocated thereto, respectively, whether or not there shall be any Revolving Credit Exposure thereunder. The Agent and the Banks acknowledge that MTCT issued additional equity in February, 2004 and that the Agent and the Banks did not require Borrowers to apply the Prepayment Proceeds thereof to the Revolving Loans and Revolving Commitments in accordance with Section 2.14 of the Credit Agreement and agree that there has been no corresponding reduction in the Maximum Commitment Amount.
Special Acknowledgment. The Company acknowledges that the Lender is a limited liability company of which ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, the Chairman of the Company, is a member, and is aware of the potential conflict by virtue of the identity of the Lender. The Company has been advised by independent counsel in connection with the negotiation, execution and delivery of this Agreement and acknowledges that this Agreement and the transactions contemplated hereby have been the result of arms' length negotiations.