Miscellaneous Clause Example with 41 Variations from Business Contracts

Miscellaneous. (a) This Eighth Amendment may be executed in several counterparts and by each party on a separate counterpart, each of which when so executed and delivered shall be an original, and all of which together shall constitute one instrument. (b) This Eighth Amendment expresses the entire understanding of the parties with respect to the transactions contemplated hereby. No prior negotiations or discussions shall limit, modify, or otherwise affect the provisions hereof. (c) Any determination that any p...rovision of this Eighth Amendment or any application hereof is invalid, illegal or unenforceable in any respect and in any instance shall not affect the validity, legality, or enforceability of such provision in any other instance, or the validity, legality or enforceability of any other provisions of this Eighth Amendment. (d) Each Debtor The Borrower warrants and represents that it the Borrower has consulted with independent legal counsel of its the Borrower's selection in connection with this Eighth Amendment and is not relying on any representations or warranties of Secured Party Wells Fargo or its counsel in entering into this Eighth Amendment. (e) THIS AMENDMENT SHALL BE GOVERNED BY, AND SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK. View More

Miscellaneous. (a) This Amendment may be executed in several counterparts and by each party on a separate counterpart, each of which when so executed and delivered shall be an original, and all of which together shall constitute one instrument. Delivery of an executed signature page of this Amendment (or any notice or agreement delivered pursuant to the terms hereof) by facsimile transmission or electronic transmission 4 shall be as effective as delivery of a manually executed counterpart hereof; provided that... the Obligors shall deliver originals of all applicable documents referenced in this Amendment by no later than three (3) Business Days after the Eighth Amendment Effective Date. (b) This Amendment expresses the entire understanding of the parties with respect to the transactions contemplated hereby. No prior negotiations or discussions shall limit, modify, or otherwise affect the provisions hereof. (c) Any determination that any provision of this Amendment or any application hereof is invalid, illegal or unenforceable in any respect and in any instance shall not affect the validity, legality, or enforceability of such provision in any other instance, or the validity, legality or enforceability of any other provisions of this Amendment. (d) Each Debtor warrants and represents that it has consulted with independent legal counsel of its selection in connection with this Amendment and is not relying on any representations or warranties of Secured Party or its counsel in entering into this Amendment. (e) THE VALIDITY, INTERPRETATION AND ENFORCEMENT OF THIS AMENDMENT AND ANY DISPUTE ARISING OUT OF THE RELATIONSHIP BETWEEN THE PARTIES HERETO, WHETHER IN CONTRACT, TORT, EQUITY OR OTHERWISE, SHALL BE GOVERNED BY, AND SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH, BY THE INTERNAL LAWS OF THE STATE OF NEW YORK. YORK (WITHOUT GIVING EFFECT TO PRINCIPLES OF CONFLICTS OF LAW). View More

Miscellaneous. (a) This Second Amendment may be executed in several counterparts any number of counterparts, which shall together constitute an entire original agreement, and by each party on a separate counterpart, each of which when so executed and delivered shall be an original, binding upon and all inure to the benefit of which together shall constitute one instrument. (b) the parties hereto and their respective successors and assigns. This Second Amendment expresses the entire understanding of the parties... with respect to the transactions contemplated hereby. No prior negotiations or discussions shall limit, modify, or otherwise affect the provisions hereof. (c) Any determination that any provision of this Second Amendment or any application hereof is invalid, illegal illegal, or unenforceable in any respect and in any instance shall not affect the validity, legality, or enforceability of such provision in any other instance, or the validity, legality legality, or enforceability of any other provisions of this Second Amendment. (d) Each Debtor of the Borrower and the General Partner represents and warrants and represents that it has consulted with independent legal counsel of its selection in connection with this Amendment herewith and is not relying on any representations or warranties of Secured Party the Administrative Agent or its the Lenders or their counsel in entering into this Second Amendment. (e) THIS AMENDMENT SHALL BE GOVERNED BY, AND SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK. This Second Amendment shall constitute a Loan Document. View More

Miscellaneous. (a) This (a)This Seventh Amendment may be executed in several counterparts and by each party on a separate counterpart, each of which when so executed and delivered shall be an original, and all of which together shall constitute one instrument. (b) This (b)This Seventh Amendment expresses the entire understanding of the parties with respect to the transactions contemplated hereby. No prior negotiations or discussions shall limit, modify, or otherwise affect the provisions hereof. (c) Any (c)Any... determination that any provision of this Seventh Amendment or any application hereof is invalid, illegal or unenforceable in any respect and in any instance shall not affect the validity, legality, or enforceability of such provision in any other instance, or the validity, legality or enforceability of any other provisions of this Seventh Amendment. (d) Each Debtor (d)The Borrower warrants and represents that it the Borrower has consulted with independent legal counsel of its the Borrower's selection in connection with this Seventh Amendment and is not relying on any representations or warranties of Secured Party Wells Fargo or its counsel in entering into this Seventh Amendment. (e) THIS AMENDMENT SHALL BE GOVERNED BY, AND SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK. View More

Miscellaneous. (a) This Amendment may be executed in several counterparts and by each party on a separate counterpart, each of which when so executed and delivered shall be an original, and all of which together shall constitute one instrument. (b) a Loan Document under the Amended Term Loan Agreement. This Amendment expresses the entire understanding of the parties with respect to the transactions contemplated hereby. No prior negotiations or discussions shall limit, modify, or otherwise affect the provisions... hereof. (c) Any determination that any provision of this Amendment or any application hereof is invalid, illegal illegal, or unenforceable in any respect and in any instance shall not affect the validity, legality, or enforceability of such provision in any other instance, or the validity, legality legality, or enforceability of any other provisions of this Amendment. (d) Each Debtor of the Borrower and the Parent Guarantor represents and warrants and represents that it has consulted with independent legal counsel of its selection in connection with this Amendment herewith and is not relying 16 on any representations or warranties of Secured Party the Administrative Agent or its counsel in entering into this Amendment. (e) THIS AMENDMENT SHALL BE GOVERNED BY, AND SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK. View More

Miscellaneous. (a) This THIS AMENDMENT SHALL BE GOVERNED BY, AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF DELAWARE, EXCLUDING CONFLICT OF LAWS PRINCIPLES THAT WOULD CAUSE THE APPLICATION OF LAWS OF ANY OTHER JURISDICTION. (b) The captions in this Amendment may be executed in several counterparts are for convenience of reference only and by each party on a separate counterpart, each of which when so executed and delivered shall be an original, and all of which together shall constitut...e one instrument. (b) not define or limit the provisions hereof. (c) This Amendment expresses the entire understanding of the parties with respect to the transactions contemplated hereby. No prior negotiations or discussions shall limit, modify, or otherwise affect the provisions hereof. (c) (d) Any determination that any provision of this Amendment or any application hereof is invalid, illegal or unenforceable in any respect and in any instance shall not affect the validity, legality, or enforceability of such provision in any other instance, or the validity, legality or enforceability of any other provisions of this Amendment. (d) Each Debtor (e) Borrower warrants and represents that it Borrower has consulted with independent legal counsel of its Borrower's selection in connection with this Amendment and is not relying on any representations or warranties of Secured Party Lender or its counsel in entering into this Amendment. (e) THIS AMENDMENT SHALL BE GOVERNED BY, AND SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK. View More

Miscellaneous. (a) In accordance with the terms and conditions of Loan Agreement, the Obligors shall pay to Lender all costs and expenses of the Lender, including, without limitation, reasonable attorneys' fees, in connection with the preparation, negotiation, execution and delivery of this Amendment. (b) This Amendment may be executed in several counterparts and by each party on a separate counterpart, each of which when so executed and delivered shall be an original, and all of which together shall constitut...e one instrument. (b) Delivery of an executed signature page of this Amendment (or any notice or agreement delivered pursuant to the terms hereof) by facsimile transmission or electronic transmission shall be as effective as delivery of a manually executed counterpart hereof. (c) This Amendment expresses the entire understanding of the parties with respect to the transactions contemplated hereby. No prior negotiations or discussions shall limit, modify, or otherwise affect the provisions hereof. (c) (d) Any determination that any provision of this Amendment or any application hereof is invalid, illegal or unenforceable in any respect and in any instance shall not affect the validity, legality, or enforceability of such provision in any other instance, or the validity, legality or enforceability of any other provisions of this Amendment. (d) Each Debtor warrants and represents that it has consulted with independent legal counsel of its selection in connection with this Amendment and is not relying on any representations or warranties of Secured Party or its counsel in entering into this Amendment. (e) THE VALIDITY, INTERPRETATION AND ENFORCEMENT OF THIS AMENDMENT AND ANY DISPUTE ARISING OUT OF THE RELATIONSHIP BETWEEN THE PARTIES HERETO, WHETHER IN CONTRACT, TORT, EQUITY OR OTHERWISE, SHALL BE GOVERNED BY, AND SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH, BY THE INTERNAL LAWS OF THE STATE OF NEW YORK. YORK (WITHOUT GIVING EFFECT TO PRINCIPLES OF CONFLICTS OF LAW). View More

Miscellaneous. (a) This Amendment may be executed in several counterparts and by each party on a separate counterpart, each of which when so executed and delivered shall be an original, and all of which together shall constitute one instrument. Delivery of an executed signature page of this Amendment (or any notice or agreement delivered pursuant to the terms hereof) by facsimile transmission or electronic transmission shall be as effective as delivery of a manually executed counterpart hereof. (b) This Amendm...ent expresses the entire understanding of the parties with respect to the transactions contemplated hereby. No prior negotiations or discussions shall limit, modify, or otherwise affect the provisions hereof. (c) Any determination that any provision of this Amendment or any application hereof is invalid, illegal or unenforceable in any respect and in any instance shall not affect the validity, legality, or enforceability of such provision in any other instance, or the validity, legality or enforceability of any other provisions of this Amendment. (d) Each Debtor warrants and represents that it has consulted with independent legal counsel of its selection in connection with this Amendment and is not relying on any representations or warranties of Secured Party or its counsel in entering into this Amendment. (e) THE VALIDITY, INTERPRETATION AND ENFORCEMENT OF THIS AMENDMENT AND ANY DISPUTE ARISING OUT OF THE RELATIONSHIP BETWEEN THE PARTIES HERETO, WHETHER IN CONTRACT, TORT, EQUITY OR OTHERWISE, SHALL BE GOVERNED BY, AND SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH, BY THE INTERNAL LAWS OF THE STATE OF NEW YORK. YORK (WITHOUT GIVING EFFECT TO PRINCIPLES OF CONFLICTS OF LAW). View More

Miscellaneous. (a) This (a)This Second Amendment may be executed in several counterparts and by each party on a separate counterpart, each of which when so executed and delivered shall be an original, and all of which together shall constitute one instrument. (b) This Delivery of an executed counterpart by facsimile or other electronic transmission shall be equally as effective as delivery of an original executed counterpart hereof. (b)This Second Amendment expresses the entire understanding of the parties wit...h respect to the transactions contemplated hereby. No prior negotiations or discussions shall limit, modify, or otherwise affect the provisions hereof. (c) Any (c)Any determination that any provision of this Second Amendment or any application hereof is invalid, illegal or unenforceable in any respect and in any instance shall not affect the validity, legality, or enforceability of such provision in any other instance, or the validity, legality or enforceability of any other provisions of this Second Amendment. (d) Each Debtor warrants (d)The Loan Parties represent and represents warrant that it has they have consulted with independent or internal legal counsel of its their selection in connection with this Second Amendment and is are not relying on any representations or warranties of Secured Party Lender or its counsel in entering into this Second Amendment. (e) (e)THE VALIDITY, INTERPRETATION AND ENFORCEMENT OF THIS SECOND AMENDMENT AND ANY DISPUTE ARISING OUT OF THE RELATIONSHIP BETWEEN THE PARTIES HERETO, WHETHER IN CONTRACT, TORT, EQUITY OR OTHERWISE, SHALL BE GOVERNED BY, AND SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH, BY THE INTERNAL LAWS OF THE STATE OF NEW YORK. View More

Miscellaneous. (a) This Amendment may be executed in several counterparts and by each party on a separate counterpart, each of which when so executed and delivered shall be an original, and all of which together shall constitute one instrument. (b) a Loan Document under the Amended Term Loan Agreement. This Amendment expresses the entire understanding of the parties with respect to the transactions contemplated hereby. No prior negotiations or discussions shall limit, modify, or otherwise affect the provisions... hereof. (c) Any determination that any provision of this Amendment or any application hereof is invalid, illegal illegal, or unenforceable in any respect and in any instance shall not affect the validity, legality, or enforceability of such provision in any other instance, or the validity, legality legality, or enforceability of any other provisions of this Amendment. (d) Each Debtor of the Borrower and the Parent Guarantor represents and warrants and represents that it has consulted with independent legal counsel of its selection in connection with this Amendment herewith and is not relying on any representations or warranties of Secured Party the Administrative Agent or its counsel in entering into this Amendment. (e) THIS AMENDMENT SHALL BE GOVERNED BY, AND SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK. View More