Contract analysis

Section 9(c) — "No Commitment to Extend Credit." This provision states, in unambiguous terms: "Nothing herein shall constitute or be deemed to constitute a commitment, agreement, or obligation on the part of Lender to extend additional credit, modify existing facilities, or renew any credit facility. Any decision regarding the extension of additional credit, if any, shall be made by Lender in its sole and absolute di

Section 12(a) — Integration Clause. This provision states: "This Agreement constitutes the entire agreement among the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, warranties, commitments, offers, contracts, and agreements, whether oral or written, relating to such subject matter." The Forbearance Agreement was the product of arm's-length negotiations conduc

Section 9(c) of the Forbearance Agreement states, in terms that could not be more explicit: "Nothing herein shall constitute or be deemed to constitute a commitment, agreement, or obligation on the part of Lender to extend additional credit, modify existing facilities, or renew any credit facility. Any decision regarding the extension of additional credit, if any, shall be made by Lender in its sole and absolute disc

Section 12(a) of the Forbearance Agreement reinforced this disclaimer with a comprehensive integration clause: "This Agreement constitutes the entire agreement among the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, warranties, commitments, offers, contracts, and agreements, whether oral or written, relating to such subject matter." Taken together, these pro