Conflict with Documents. The provisions of this Agreement are intended by the parties to control any conflicting provisions in the Senior Creditor Documents or the Trade Creditor Documents, including any covenants prohibiting further borrowing or encumbrances of Collateral.
Conflict with Documents. Neither the execution, delivery and performance of this Agreement by Acquiror nor the consummation of the transactions contemplated hereby, either immediately or with the passage of time or the giving of notice or both will:
Conflict with Documents. If there is any conflict:
Conflict with Documents. Except as disclosed in Schedule 3.10 or ------------- as explicitly provided in this Agreement, the execution, delivery and performance of the Transaction Documents by the Company and the consummation of the transactions contemplated hereby and thereby (including, without limitation, the reservation for issuance and the issuance of the Conversion Shares other than the Conversion Preferred Shares), either immediately or with the passage of time or the giving of notice or both, will not:
Conflict with Documents. Neither the execution, delivery and performance of this Agreement by MSH, nor the consummation of the transactions contemplated hereby, either immediately or with the passage of time or the giving of notice or both will:
Conflict with Documents. Neither the execution, delivery and performance of this Agreement nor any other Loan Document to which it is a party by each Company, nor the consummation of the transactions contemplated by this Agreement, either immediately or with the passage of time or the giving of notice or both, will:
Conflict with Documents. Neither the execution, delivery and performance of this Agreement nor any other Loan Document to which it is a party by each Company, nor the consummation of the transactions contemplated by this Agreement, either immediately or with the passage of time or the giving of notice or both, will: (a) conflict with or cause a breach or default under any of the terms, conditions or provisions of, result in a termination or modification of, or cause any acceleration of any obligation of any Company under any contract, lease, indenture, mortgage, or other agreement or instrument to which it is bound or by which any of its properties or assets may be affected; (b) conflict with the provisions of the Company’s articles or certificate of incorporation or certificate of formation, as applicable, or its bylaws or limited liability company agreement, as applicable, or any Law to which any Company, or any of its properties or assets are subject; or 20 (c) result in the creation or imposition of any Lien against any Company, or any Company’s properties or assets other than those Liens in favor of the Investor contemplated under this Agreement and the Permitted Encumbrances. Section 4.11. Financial Statements. The following have been provided or made available to the Investor prior to the date hereof: (i) the annual audited financial statements of Emtec as of August 31, 2010 (including the notes thereto, if any) together with the report thereon, if any, of Emtec’s independent accountants (the “Audited Financial Statements”); and (ii) the internally prepared financial statements of Emtec for the nine month period ending May 31, 2011 (the “Internally Prepared Financial Statements, collectively with the Audited Financial Statements, the “Financial Statements”). The books and records of the Companies fairly reflect their business and the results of their operations in all material respects, and the Financial Statements fairly present the financial condition and results of operations of Emtec and its consolidated Subsidiaries as of the respective dates thereof and for the periods therein referred to in all material respects, all in accordance with GAAP and Emtec’s historical accounting practices and principles applied on a consistent basis, subject, in the case of Financial Statements for interim periods, to normal recurring year-end adjustments (the effect of which will not, individually or in the aggregate, be material) and the absence of notes (which, if presented, would not ...
Conflict with Documents. Notwithstanding the provisions of this Addendum, if there is any conflict between the provisions herein and the Association’s Governing Documents, then the Association’s CC&R’s and By Laws take precedence. MEMBER: Date: TENANT: _ Date: RESIDENTIAL HANDBOOK
Conflict with Documents. In the event of any conflict between the terms hereof and the terms of any document Issuer Document, the terms hereof shall control.
Conflict with Documents. The provisions of this Agreement are intended by the Parties to control any conflicting provisions in the Debt Documents, including any covenants prohibiting further borrowing or encumbrances of Collateral; provided, however, that nothing herein shall modify or relieve any Obligor from any liability or obligations that such Obligor may have to any Party under any ABL Documents or any Notes Document. The definitions of “Payment in Full,” “Discharge of the Priority ABL Debt,” and “Discharge of the Priority Notes Debt,” as used herein, are intended solely to define the circumstances under which the ABL Debt, Notes Debt, Priority ABL Debt or Priority Notes Debt are deemed to be paid in full under this Agreement as a condition to the exercise of certain rights or the discharge of certain duties by ABL Parties or Notes Parties, as applicable, and nothing herein shall be deemed to limit, restrict or otherwise affect any of the indemnities or other undertakings of Obligors that are set forth in the ABL Documents or the Notes Documents, all of which indemnities and other undertakings of Obligors shall survive Payment in Full of the ABL Debt or the Notes Debt, as applicable, and shall continue in full force and effect as if this Agreement had never been entered into by the Parties.
