Common use of Mutual Negotiation Clause in Contracts

Mutual Negotiation. The Investor acknowledges that the terms of the Exchange have been mutually negotiated between the Investor and the Company. The Investor was given a meaningful opportunity to negotiate the terms of the Exchange. The Investor had a sufficient amount of time to consider whether to participate in the Exchange, and neither the Company nor any of its affiliates or agents, has placed any pressure on the Investor to respond to the opportunity to participate in the Exchange.

Mutual Negotiation. The Such Investor (and its designee) acknowledges that the terms of the Exchange have been mutually negotiated between such Investor, the Investor Company and the CompanyBorrower. The Such Investor (and its designee) was given a meaningful opportunity to negotiate the terms of the Exchange. The Such Investor (and its designee) had a sufficient amount of time to consider whether to participate in the Exchange, and neither the Company nor the Borrower, nor any of its affiliates their respective Affiliates or agents, has placed any pressure on the Investor to respond to the opportunity to participate in the Exchange.

Mutual Negotiation. The Investor acknowledges that the terms of the Exchange have been mutually negotiated between the Investor and the Company. The Investor was given a meaningful opportunity to negotiate the terms of the Exchange. The Investor had a sufficient amount of time to consider whether to participate in the Exchange, and neither the Company nor any of its affiliates or agents, has placed any pressure on the Investor to respond to the opportunity to participate in the Exchange. The Investor’s participation in the Exchange was not conditioned by the Company on the Investor’s exchange of a minimum principal amount of Existing Notes for the Exchange Consideration.

Mutual Negotiation. The Investor acknowledges that the terms of the Exchange Offer and/or the New Notes Offering have been mutually negotiated between the Investor and the Company. The Company and that the Investor was given a meaningful opportunity to negotiate the terms of the ExchangeExchange Offer. The Investor acknowledges that it had a sufficient amount of time to consider whether to participate in the Exchange, Exchange Offer and that neither the Company nor any of its affiliates or agents, the Exchange Agent has placed any pressure on the Investor to respond to the opportunity to participate in the ExchangeExchange Offer.

Mutual Negotiation. The Investor acknowledges that the terms of the Exchange have been mutually negotiated between the Investor (for itself and on behalf of each Exchanging Investor) and the Company. The Investor was given a meaningful opportunity to negotiate the terms of the ExchangeExchange on behalf of itself and each Exchanging Investor. The Investor had a sufficient amount of time to consider whether to participate in the Exchange, and neither the Company nor ▇▇▇▇▇▇▇▇▇▇▇, nor any of its their respective affiliates or agents, has placed any pressure on the Investor to respond to the opportunity to participate in the Exchange.