Mutual Negotiations. This Agreement and the other Transaction Documents are the product of mutual negotiations by the parties thereto and their counsel, and no party shall be deemed the draftsperson of this Agreement or any other Transaction Document or any provision hereof or thereof or to have provided the same. Accordingly, in the event of any inconsistency or ambiguity of any provision of this Agreement or any other Transaction Document, such inconsistency or ambiguity shall not be interpreted against any party because of such party’s involvement in the drafting thereof.
Mutual Negotiations. This Amendment is the product of mutual negotiations by the parties hereto and their counsel, and no party shall be deemed the draftsperson of this Amendment or any provision hereof or to have provided the same. Accordingly, in the event of any inconsistency or ambiguity of any provision of this Amendment, such inconsistency or ambiguity shall not be interpreted against any party because of such party’s involvement in the drafting thereof.
Mutual Negotiations. This Performance Guaranty is the product of mutual negotiations by the parties thereto and their counsel, and no party shall be deemed the draftsperson of this Performance Guaranty or any provision hereof or to have provided the same. Accordingly, in the event of any inconsistency or ambiguity of any provision of this Performance Guaranty, such inconsistency or ambiguity shall not be interpreted against any party because of such party’s involvement in the drafting thereof.
Mutual Negotiations. Each provision of this License will be fairly interpreted and construed in accordance with its provisions and without any strict interpretation or construction in favor of or against either party.
Mutual Negotiations. Each provision of this Agreement will be fairly interpreted and construed in accordance with its provisions and without any strict interpretation or construction in favor of or against either Party.
Mutual Negotiations. This Agreement and the other Loan Documents are the product of mutual negotiations by the parties thereto and their counsel, and no party shall be deemed the draftsperson of this Agreement or any other Loan Document or any provision hereof or thereof or to have provided the same. Accordingly, in the event of any inconsistency or ambiguity of any provision of this Agreement or any other Loan Document, such inconsistency or ambiguity shall not be interpreted against any party because of such party’s involvement in the drafting thereof.
Mutual Negotiations. This Agreement and the other Basic Documents to which the Originators are a party are the product of mutual negotiations by the parties hereto or thereto and their counsel, and no party shall be deemed the draftsperson of this Agreement or any such other Basic Document or any provision hereof or thereof or to have provided the same. Accordingly, in the event of any inconsistency or ambiguity of any provision of this Agreement or any such other Basic Document, such inconsistency or ambiguity shall not be interpreted against any party because of such party’s relative involvement in the drafting thereof.
Mutual Negotiations. This Guaranty and the other Transaction Documents are the product of mutual negotiations by the parties thereto and their counsel, and no party shall be deemed the draftsperson of this Guaranty or any other Transaction Document or any provision hereof or thereof or to have provided the same. Accordingly, in the event of any inconsistency or ambiguity of any provision of this Guaranty or any other Transaction Document, such inconsistency or ambiguity shall not be interpreted against any party because of such party’s involvement in the drafting thereof.
Mutual Negotiations. This Agreement and the other Transaction Documents are the product of mutual negotiations by the parties thereto and their counsel, and no party shall be deemed the draftsperson of this Agreement or any other Transaction Document or any provision hereof or thereof or to have provided the same. Accordingly, in the event of any inconsistency or ambiguity of any provision of this Agreement or any other Transaction Document, such inconsistency or ambiguity shall not be interpreted against any party because of such party’s involvement in the drafting thereof. BrightView Holdings, Inc. has requested confidential treatment of this registration statement and associated correspondence pursuant to Rule 83 of the Securities and Exchange Commission.
Mutual Negotiations. 132 SECTION 12.13 Acknowledgement and Consent to Bail-In of Affected Financial Institutions.............................................................................................. 132 SECTION 12.14 USA PATRIOT Act Notice ............................................................... 133 SECTION 12.15 Acknowledgement Regarding Any Supported QFCs ........................ 133 TABLE OF CONTENTS (continued) Page -iv- SECTION 12.16 Limited Recourse ............................................................................... 134 -v- EXHIBITS EXHIBIT A – Form of Investment Request EXHIBIT B – Form of Reduction Notice EXHIBIT C – Form of Assignment and Assumption Agreement EXHIBIT D – [Reserved] EXHIBIT E – Forms of Pool Reports EXHIBIT F – Form of Compliance Certificate EXHIBIT G – Closing Memorandum EXHIBIT H – Forms of Tax Compliance Certificates SCHEDULES SCHEDULE I – Purchasers & Commitments SCHEDULE II – Account Details SCHEDULE III – Notice Addresses
