Common use of Conflict in Operative Documents Clause in Contracts

Conflict in Operative Documents. If there is any conflict between any Operative Documents, such Operative Document shall be interpreted and construed, if possible, so as to avoid or minimize such conflict but, to the extent (and only to the extent) of such conflict, the Participation Agreement shall prevail and control.

Appears in 25 contracts

Samples: Participation Agreement (Lennox International Inc), Participation Agreement (Yahoo Inc), Participation Agreement (Adobe Systems Inc)

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Conflict in Operative Documents. If there is any conflict between any Operative Documents, each such Operative Document shall be interpreted and construed, if possible, so as to avoid or minimize such conflict but, to the extent (and only to the extent) of such conflict, the Participation Master Agreement shall prevail and control.

Appears in 14 contracts

Samples: Master Agreement (Bank of New York Co Inc), Master Lease Agreement (Concord Efs Inc), Master Agreement (Concord Efs Inc)

Conflict in Operative Documents. If there is any conflict between any Operative Documents, such Operative Document Documents shall be interpreted and construed, if possible, so as to avoid or minimize such conflict but, to the extent (and only to the extent) of such conflict, the Participation Agreement shall prevail and control.

Appears in 11 contracts

Samples: Participation Agreement (Tandem Health Care, Inc.), Participation Agreement (Sabre Holdings Corp), Participation Agreement (Beverly Enterprises Inc /De/)

Conflict in Operative Documents. If there is any conflict between any Operative Documents, such Operative Document shall be interpreted and construed, if possible, so as to avoid or minimize such conflict but, to the extent (and only to the extent) of such conflict, the Participation Agreement Lease shall prevail and control.

Appears in 5 contracts

Samples: Master Lease and Security Agreement (Coherent Inc), Lease and Security Agreement (Alternative Living Services Inc), Participation Agreement (Quantum Corp /De/)

Conflict in Operative Documents. If there is any conflict between any Operative Documents, such Operative Document shall be interpreted and construed, if possible, so as to avoid or minimize such conflict conflict, but, to the extent (and only to the extent) of such conflict, the Participation Agreement shall prevail and control.

Appears in 4 contracts

Samples: Participation Agreement (Norfolk Southern Corp), Participation Agreement (Silicon Laboratories Inc), Participation Agreement (Silicon Laboratories Inc)

Conflict in Operative Documents. If there is any conflict between any Operative Documents, such Operative Document shall be interpreted and construed, if possible, so as to avoid or minimize such conflict but, to the extent (and only to the extent) of such conflict, the Participation Master Agreement shall prevail and control.

Appears in 4 contracts

Samples: Master Agreement (Aaron Rents Inc), Master Agreement (Choicepoint Inc), Master Agreement (Choicepoint Inc)

Conflict in Operative Documents. If there is any conflict between any Operative Documents, such Operative Document shall be interpreted and construed, if possible, so as to avoid or minimize such conflict conflict, but, to the extent (and only to the extent) of such conflict, if it is one of the Operative Documents involved in such conflict, the Participation Agreement shall prevail and control.

Appears in 2 contracts

Samples: Participation Agreement (Teletech Holdings Inc), Lease and Deed of Trust (Teletech Holdings Inc)

Conflict in Operative Documents. If there is any conflict between any Operative Documents, such Operative Document shall be interpreted and construed, if possible, so as to avoid or minimize such conflict conflict, but, to the extent (and only to the extent) of such conflict, (i) the Participation Agreement shall prevail and control or (ii) if such conflict is between the Lease and any other Operative Document other than the Participation Agreement, the Lease shall prevail and control.

Appears in 2 contracts

Samples: Participation Agreement (Regeneron Pharmaceuticals Inc), Participation Agreement (Regeneron Pharmaceuticals Inc)

Conflict in Operative Documents. If there is any conflict between any Operative Documents, such Operative Document shall be interpreted and construed, if possible, so as to avoid or minimize such conflict but, to the extent (and only to the extent) of such conflict, in the event of any conflict between the Participation Agreement and any other Operative Document, the Participation Agreement shall prevail and control.

Appears in 1 contract

Samples: Participation Agreement (Terremark Worldwide Inc)

Conflict in Operative Documents. If there is any conflict between any of the Operative Documents, such Operative Document Documents shall be interpreted and construed, if possible, so as to avoid or minimize such conflict but, to the extent (and only to the extent) of such conflict, the Participation Purchase Agreement shall prevail and control.

Appears in 1 contract

Samples: Purchase Agreement (Weirton Steel Corp)

Conflict in Operative Documents. If there is any conflict between any Operative Documents, such Operative Document shall be interpreted and construed, if possible, so as to avoid or minimize such conflict conflict, but, to the extent (and only to the extent) of such conflict, the Participation Transaction Agreement shall prevail and control.

Appears in 1 contract

Samples: Transaction Agreement (Corning Inc /Ny)

Conflict in Operative Documents. If there is any conflict between any Operative Documents, such Operative Document Documents shall be interpreted and construed, if possible, so as to avoid or minimize such conflict but, to the extent (and only to the extent) of such conflict, the Participation Master Agreement shall prevail and control.

Appears in 1 contract

Samples: Assignment and Assumption of Lease (Fidelity National Information Services, Inc.)

Conflict in Operative Documents. If there is any conflict between any ------------------------------- Operative Documents, such Operative Document shall be interpreted and construed, if possible, so as to avoid or minimize such conflict but, to the extent (and only to the extent) of such conflict, the Participation Agreement shall prevail and control.

Appears in 1 contract

Samples: Participation Agreement (Alco Standard Corp)

Conflict in Operative Documents. If there is any conflict between any ------------------------------- Operative Documents, such Operative Document shall be interpreted and construed, if possible, so as to avoid or minimize such conflict but, to the extent (and only to the extent) of such conflict, the Participation Agreement shall prevail and control.

Appears in 1 contract

Samples: Participation Agreement, Master Lease, and Loan Agreement (Mail Well I Corp)

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Conflict in Operative Documents. If there is any conflict between any ------------------------------- Operative Documents, such Operative Document Documents shall be interpreted and construed, if possible, so as to avoid or minimize such conflict but, to the extent (and only to the extent) of such conflict, the Participation Agreement shall prevail and control.

Appears in 1 contract

Samples: Master Lease (Bea Systems Inc)

Conflict in Operative Documents. If there is any conflict between any Operative Documents, such Operative Document Documents shall be interpreted and construed, if possible, so as to avoid or minimize such conflict but, to the extent (and only to the extent) of such conflict, the Participation Master Exchange Agreement shall prevail and control.

Appears in 1 contract

Samples: Master Exchange Agreement (PHH Corp)

Conflict in Operative Documents. If there is any conflict between ------------------------------- any Operative Documents, such Operative Document Documents shall be interpreted and construed, if possible, so as to avoid or minimize such conflict but, to the extent (and only to the extent) of such conflict, the Participation Master Agreement shall prevail and control.

Appears in 1 contract

Samples: Assignment and Assumption of Lease (Certegy Inc)

Conflict in Operative Documents. If there is any conflict between any ------------------------------- Operative Documents, such Operative Document shall be interpreted and construed, if possible, so as to avoid or minimize such conflict but, to the extent (and only to the extent) of such conflict, the Participation Master Agreement shall prevail and control.

Appears in 1 contract

Samples: Master Agreement (Sterling Commerce Inc)

Conflict in Operative Documents. If there is any conflict between any ------------------------------- Operative Documents, each such Operative Document shall be interpreted and construed, if possible, so as to avoid or minimize such conflict but, to the extent (and only to the extent) of such conflict, the Participation Master Lease Agreement shall prevail and control.

Appears in 1 contract

Samples: Master Agreement, Lease, Loan Agreement and Construction Agency Agreement (Rowe Companies)

Conflict in Operative Documents. If there is any conflict between any ------------------------------- Operative Documents, such Operative Document shall be interpreted and construed, if possible, so as to avoid or minimize such conflict but, to the extent (and only to the extent) of such conflict, the Participation Agreement Lease shall prevail and control.

Appears in 1 contract

Samples: Participation Agreement (Quantum Corp /De/)

Conflict in Operative Documents. If there is any conflict between any Operative Documents, such Operative Document shall be interpreted and construed, if possible, so as to avoid or minimize such conflict but, to the extent (and only to the extent) of such conflict, the Participation this Agreement shall prevail and control.

Appears in 1 contract

Samples: Credit Agreement (Black Hills Corp /Sd/)

Conflict in Operative Documents. If there is any conflict between any Operative Documents, such Operative Document shall be interpreted and construed, if possible, so as to avoid or minimize such conflict but, to the extent (and only to the extent) of such conflict, the Participation Asset Use Agreement shall prevail and control.

Appears in 1 contract

Samples: Asset Use Agreement (Oxford Automotive Inc)

Conflict in Operative Documents. If there is any conflict between ------------------------------- any Operative Documents, such Operative Document shall be interpreted and construed, if possible, so as to avoid or minimize such conflict but, to the extent (and only to the extent) of such conflict, the Participation Agreement shall prevail and control.

Appears in 1 contract

Samples: Master Lease (Palm Inc)

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