Amendment and Restatement; Entire Agreement. This Master Lease hereby amends and restates the Original Master Lease in its entirety, and Landlord and Tenant hereby adopt this Master Lease in full substitution of the Original Master Lease. This Master Lease and the Exhibits and Schedules hereto constitute the entire and final agreement of the parties with respect to the subject matter hereof, and may not be changed or modified except by an agreement in writing signed by the parties and, with respect to the provisions set forth in Section 40.1, no such change or modification shall be effective without the explicit reference to such section by number and paragraph. Landlord and Xxxxxx hereby agree that all prior or contemporaneous oral understandings, agreements or negotiations relative to the leasing of the Leased Property, including, but not limited to, the Original Master Lease, are merged into and revoked by this Master Lease.
Amendment and Restatement; Entire Agreement. This Agreement amends and restates the Original Voting Agreement in its entirety. This Agreement, together with any documents, instruments and writings that are delivered pursuant hereto or referenced herein, constitutes the entire agreement and understanding of the parties hereto in respect of its subject matter and supersedes all prior understandings, agreements, or representations by or among the parties hereto, written or oral, to the extent they relate in any way to the subject matter hereof or the transactions contemplated hereby.
Amendment and Restatement; Entire Agreement. This Agreement amends and restates in its entirety that certain Limited Liability Company Agreement, dated September 21, 2009, by and among Gevo and CDP, in their capacity as Members of Development (the “Existing Agreement”), and Development, and upon the adoption of this Agreement, the Existing Agreement shall be of no further force or effect and all of the rights and obligations described in the Existing Agreement shall be governed by the terms hereof. This Agreement, together with the Exhibits attached hereto, the portions of the Commercialization Agreement and Time Commitment Agreement specifically referenced in this Agreement, and that certain Intellectual Property Agreement to be entered into by CDP, Xxxxxxx X. Xxxxxx and Xxxxx X. Black in favor of Gevo, related to the ownership of certain intellectual property by Gevo, constitutes the entire agreement and understanding of the Parties in respect of the subject matter hereof and supersedes all prior understandings, agreements or representations by or among the Parties, written or oral, to the extent they relate in any way to the subject matter hereof. The Exhibits and other attachments identified in this Agreement are incorporated herein by reference and made a part hereof.
Amendment and Restatement; Entire Agreement. This Master Lease and the Exhibits and Schedules attached hereto and the Development Agreement constitute the entire and final agreement of the parties with respect to the subject matter hereof. This Master Lease may not be changed or modified except by an agreement in writing signed by the parties and, with respect to the provisions set forth in Section 40.1, no such change or modification shall be effective without the explicit reference to such section by number and paragraph. Landlord and Xxxxxx hereby agree that all prior or contemporaneous oral understandings, agreements or negotiations relative to the leasing of the Leased Property are merged into and revoked by this Master Lease and the Development Agreement.
Amendment and Restatement; Entire Agreement. This Agreement amends and restates the Original Reallocation Agreement in its entirety. This Agreement, together with any documents, instruments and writings that are delivered pursuant hereto or referenced herein, constitutes the entire agreement and understanding of the parties hereto in respect of its subject matter and supersedes all prior understandings, agreements, or representations by or among the parties hereto, written or oral, to the extent they relate in any way to the subject matter hereof or the transactions contemplated hereby.
Amendment and Restatement; Entire Agreement. This Agreement amends and restates in all respects the Restated Agreement. Except as provided herein, this Agreement, including the Exhibits attached hereto constitutes the entire agreement between the Parties with respect to their subject matter and supersedes all prior agreements or understandings between the Parties relating to its subject matter, including without limitation the Restated Agreements.
Amendment and Restatement; Entire Agreement. This Agreement amends, restates, and replaces the Existing Southeast Agreement in its entirety; provided, however, that Anchor’s warranties and indemnity specified in Section 4.5 of the Existing Southeast Agreement with respect to Bottles and other goods delivered to AB prior to the effectiveness of this Agreement shall survive. Notwithstanding anything in this Agreement to the contrary, the terms in that Second Amendment to Glass Bottle Supply Agreement and Southeast Glass Bottle Supply Agreement between AB and Anchor dated as of June 6, 2003 and the terms in that certain letter agreement dated February 9, 2004 between AB and Anchor, that are applicable to the December 2000 Agreement, shall continue to modify the applicable terms of the December 2000 Agreement. This Agreement, including each Attachment referred to in this Agreement, represents the complete agreement of the parties with respect to the transactions contemplated hereunder, and, except as otherwise expressly provided in the previous two sentences, supersedes all prior or contemporaneous agreements, representations, promises or understandings in connection therewith, whether orally or written. All statements contained in any certificate or other instrument delivered hereafter by or on behalf of any party hereto pursuant hereto or in connection with the performance of the transactions contemplated hereby shall be deemed representations and warranties by such party hereunder.
Amendment and Restatement; Entire Agreement. (1) The underwriting agreement dated September 16, 2020 between the Lead Underwriter and the Company (the “Initial Underwriting Agreement”) shall be and is hereby amended and restated in the form of this Agreement. All obligations of the Underwriters pursuant to the Initial Underwriting Agreement are superseded and replaced with the obligations of this Agreement.
(2) The terms and conditions of this Agreement represents the entire agreement between the parties and supersede any previous verbal or written agreement between the Underwriters (or any of them) and the Company with respect to the subject matter hereof.
(3) If the foregoing is in accordance with your understanding and is agreed to by you, please signify your acceptance by executing the enclosed copies of this Agreement where indicated below and returning the same to the Lead Underwriter upon which this letter as so accepted shall constitute an agreement among us. Yours very truly,
Amendment and Restatement; Entire Agreement. This Agreement and the rights granted herein to the parties hereto supersedes, amends and restates any and all registration rights granted to the Stockholders pursuant to the Merger Agreement. Except as set forth in the Merger Agreement, this Agreement constitutes the full and entire understanding and agreement between the parties hereto with regard to the subject hereof.
Amendment and Restatement; Entire Agreement. This Master Lease hereby amends and restates and replaces the Original Master Lease in its entirety and this Master Lease and the Exhibits and Schedules attached hereto constitute the entire and final agreement of the parties with respect to the subject matter hereof and may not be changed or modified except by an agreement in writing signed by the parties and, with respect to the provisions set forth in Section 40.1, no such change or modification shall be effective without the explicit reference to such section by number and paragraph. Landlord and Xxxxxx hereby agree that all prior or contemporaneous oral understandings, agreements or negotiations relative to the leasing of the Leased Property are merged into and revoked by this Master Lease. ACTIVE/119768607.18
