Agreement Controls. In the event that any term of any of the Loan Documents other than this Agreement conflicts with any express term of this Agreement, the terms and provisions of this Agreement shall control to the extent of such conflict.
Agreement Controls. The terms and conditions of this Master Agreement control over the terms and conditions contained in an Approved Service Order – even if the Approved Service Order expressly states that it is intended to control. Any conflicting terms and conditions in an Approved Service Order are invalid and unenforceable.
Agreement Controls. In the event a conflict exists between this Agreement and any term in any exhibit attached or incorporated into this Agreement, the terms in this Agreement shall supersede the terms in such exhibit.
Agreement Controls. The Plan is incorporated in this Agreement by reference. Capitalized terms not defined in this Agreement shall have those meanings provided in the Plan. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the provisions of the Agreement shall control.
Agreement Controls. Unless otherwise provided for in this Agreement, the COMPANY's policies, procedures and practices shall govern the relationship between EMPLOYEE and COMPANY. If, however, any of COMPANY's policies, procedures and/or practices conflict with this Agreement (together with any amendments hereto), this Agreement (and any amendments hereto) shall control.
Agreement Controls. 87 12.13. Usury Savings Clause....................................................................................88 12.14. GOVERNING LAW; WAIVER OF JURY TRIAL.....................................................................88 12.15. Judgment Currency.......................................................................................89 12.16. Economic and Monetary Union in the European Community...................................................90 12.17. Confidentiality.........................................................................................91 EXHIBIT A Applicable Revolving Credit Commitment Percentages............................A-1 EXHIBIT B Form of Assignment and Acceptance.............................................B-1 EXHIBIT C Notice of Appointment (or Revocation) of Authorized Representative............C-1 EXHIBIT D-1 Form of Borrowing Notice....................................................D-1-1 EXHIBIT D-2 Form of Borrowing Notice--Swing Line Loans..................................D-2-1 EXHIBIT E Form of Interest Rate Selection Notice........................................E-1 EXHIBIT F-1 Form of Revolving Note......................................................F-1-1 EXHIBIT F-2 Form of Swing Line Note.....................................................F-2-1 EXHIBIT G Form of Opinion of Borrower's Counsel.........................................G-1 EXHIBIT H Compliance Certificate........................................................H-1 EXHIBIT I Form of Facility Guaranty.....................................................I-1 EXHIBIT J Form of LC Account Agreement..................................................J-1 AMENDED AND RESTATED CREDIT AGREEMENT THIS AMENDED AND RESTATED CREDIT AGREEMENT, dated as of December 18, 1997 (the "Agreement"), is made by and among WACKENHUT CORRECTIONS CORPORATION, a Florida corporation having its principal place of business in Palm Beach Gardens, Florida (the "Borrower"), NATIONSBANK, NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States, in its capacity as a Lender ("NationsBank"), and each other financial institution executing and delivering a signature page hereto and each other financial institution which may hereafter execute and deliver an instrument of assignment with respect to this Agreement pursuant to Section 12.1 (hereinafter such financial institutions may be referred to individually as a "Lender" or collective...
Agreement Controls. 98 12.13. Usury Savings Clause....................................................98 12.14. GOVERNING LAW; WAIVER OF JURY TRIAL.....................................99 12.15. Payments...............................................................100 12.16. Confidentiality........................................................100 12.17.
Agreement Controls. To the extent of any conflict between this Agreement and any document, manual or policy referenced in this Agreement, this Agreement shall govern.
Agreement Controls. The Plan is hereby incorporated in this Agreement by reference. Capitalized terms not defined in this Agreement shall have those meanings provided in the Plan. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the provisions of the Agreement shall control. The number of Restricted Stock Units that will vest is equal to the number resulting from the formula set forth immediately below, but not in excess of 600% of the target number of Restricted Stock Units (“the Maximum RSU Amount”), subject to any exercise of negative discretion of the Committee.
1. The number of Restricted Stock Units that will vest under this Attachment 1 and this Agreement, as determined by the Committee, is equal to: [(Overall Award Percentage x Target Value)/Market Price] x the Adjustment Factor rounded up to the nearest whole number (but not in excess of the Maximum RSU Amount) where: Overall Award Percentage will be the sum of (i) the BVA Award Percentage multiplied by the BVA Factor, and (ii) the EPS Award Percentage multiplied by the EPS Factor.
(a) BVA Award Percentage will be calculated as follows: If the Cumulative BVA is < Threshold BVA, BVA Award Percentage = 0% If the Cumulative BVA is ≥ Threshold BVA and < Target BVA, BVA Award Percentage = ([[ ] ] ) (Cumulative BVA - Threshold BVA) x 0.5 +0.5 x100 If the Cumulative BVA is ≥ Target BVA and < Goal BVA, BVA Award Percentage = ([[ ] ] ) (Cumulative BVA - Target BVA) x 0.5 +1.0 x100 If the Cumulative BVA is ≥ Goal BVA and < Stretch BVA, BVA Award Percentage = ([[ ] ] ) (Cumulative BVA - Goal BVA) x 0.5 +1.5 x100 If the Cumulative BVA is ≥ Stretch BVA, BVA Award Percentage = Award Cap
(b) EPS Award Percentage will be calculated as follows: If the Cumulative EPS is < Threshold EPS, EPS Award Percentage = 0% If the Cumulative EPS is ≥ Threshold EPS and < Target EPS, EPS Award Percentage = ([[ ] ] ) (Cumulative EPS - Threshold EPS) x 0.5 +0.5 x100 If the Cumulative EPS is ≥ Target EPS and < Goal EPS, EPS Award Percentage = ([[ ] ] ) (Cumulative EPS - Target EPS) x 0.5 +1.0 x100 If the Cumulative EPS is ≥ Goal EPS and < Stretch EPS, EPS Award Percentage = ([[ ] ] ) (Cumulative EPS - Goal EPS) x 0.5 +1.5 x100 If the Cumulative EPS is ≥ Stretch EPS, EPS Award Percentage = Award Cap
2. The number of Restricted Stock Units that vest based on performance as determined under Section 1 above will be adjusted by the following “Adjustment Factor”:
a. If the TSR Percentile Rank is greater than or equ...
Agreement Controls. In the event of any inconsistency between this Amendment and the Loan Documents or the Forbearance Agreement, the terms of this Amendment shall control.
