Reasonably Equivalent Value. The Parties acknowledge and agree that: (i) the Agreement was bargained for and entered into in good faith and as the result of arms'-length negotiations; and (ii) the Agreement is based on their respective independent assessments, with the assistance and advice of counsel, that the payments and other benefits to be received by the Parties pursuant to this Agreement constitute a fair and reasonable settlement of the Parties' claims against each other and constitute reasonably equivalent value for the releases, indemnity, and other benefits conveyed under this Agreement.
Appears in 2 contracts
Samples: Escrow Agreement (Congoleum Corp), Escrow Agreement (American Biltrite Inc)
Reasonably Equivalent Value. The Parties acknowledge and agree that: (i) the Agreement was bargained for and entered into in good faith and as the result of arms'-length negotiations; and (ii) the Agreement is was based on their respective independent assessments, with the assistance and advice of counsel, that the payments and other benefits to be received by the Parties pursuant to this Agreement constitute a fair and reasonable settlement of the Parties' claims against each other and constitute reasonably equivalent value for the releases, indemnity, and other benefits conveyed under this Agreement.
Appears in 2 contracts
Samples: Confidential Settlement Agreement and Release (Congoleum Corp), Confidential Settlement Agreement and Release (American Biltrite Inc)