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:
(i) Conflict with or cause a breach or default under any of the terms and conditions of, or result in a termination or modification of, or cause any acceleration of any obligations of Acquiror under any contract, lease or other instrument to which Acquiror is bound; or
(ii) Conflict with or violate the provisions of Acquiror's Certificate of Incorporation, as and if amended, and By-laws or any other laws or regulations by which Acquiror is bound; or
(iii) Result in the creation or imposition of any lien, charge or encumbrance against Acquiror or any of its assets.
Conflict with Documents. If there is any conflict:
(a) between the provisions of this Agreement and the provisions of any Transaction Document with respect to each Compartment to which the Corporate Services Provider is a party, the provisions of such Transaction Document shall prevail.
(b) between the provisions of this Agreement and any other domiciliation or other agreement in relation to corporate services for the Issuer between the Corporate Services Provider and the Issuer or another transaction party with respect to each Compartment, the provisions of this Agreement shall prevail.
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:
(a) conflict with or cause a material breach or an Event of 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 the Company under any material contract, lease or other instrument to which the Company is bound or by which any of the Company's properties or assets may be affected;
(b) subject to the filing of the Articles Amendment on the Effective Date, result in a violation of the Articles of Incorporation or the By-laws or any statute, law, rule or regulation or any order, judgment or decree to which the Company or any of its properties or assets are subject; or
(c) result in the creation or imposition of any lien, charge or encumbrance against the Company or any of the Company's material properties or assets.
Conflict with Documents. Notwithstanding the provisions of this Addendum, if there is any conflict with the Association’s documents, the CC&R’s and Bylaws take precedence.
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
(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.
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:
(i) conflict with or cause a breach or default under any of the terms and conditions of, or result in a termination or modification of, or cause any acceleration of any material obligations of MSH, under any contract, lease or other instrument to which MSH is bound; or
(ii) conflict with any material provisions of MSH's Certificate of Incorporation, By-laws or any other laws or regulations by which MSH is bound; or
(iii) result in the creation or imposition of any liens, charge or encumbrance against MSH or any of its assets.
Conflict with Documents. Neither the execution, delivery and ----------------------- performance of this Agreement by the Company, nor the consummation of the transactions contemplated hereby, 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 the Company under any material contract, lease or other instrument to which the Company is bound or by which any of the Company's properties or assets may be affected;
(b) Conflict with the provisions of the Company's Articles of Incorporation, as amended (including the Amendment), By-laws (as amended pursuant to this Agreement) or any statute, law, rule or regulation or any order, judgment or decree to which the Company or any of its properties or assets are subject; or
(c) Result in the creation or imposition of any lien, charge or encumbrance against the Company or any of the Company's material properties or assets.
Conflict with Documents. Neither the execution, delivery and performance of this Agreement by ETI, nor the consummation of the transactions contemplated hereby, either immediately or with the passage of time or the giving of notice or both will:
(i) conflict with or cause a breach or default under any of the terms and conditions of, or result in a termination or modification of, or cause any acceleration of any material obligations of ETI, under any contract, lease or other instrument to which ETI is bound; or
(ii) conflict with any material provisions of ETI's Certificate of Incorporation, By-laws or any other laws or regulations by which ETI is bound; or
(iii) result in the creation or imposition of any liens, charge or encumbrance against ETI or any of its assets.
Conflict with Documents. Neither the execution, delivery and performance of this Agreement by RSMI, nor the consummation of the transactions contemplated hereby, either immediately or with the passage of time or the giving of notice or both will:
(i) conflict with or cause a breach or default under any of the terms and conditions of, or result in a termination or modification of, or cause any acceleration of any material obligations of RSMI under any contract, lease or other instrument to which RSMI is bound; or
(ii) conflict with any material provisions of RSMI's Certificate of Incorporation, By-laws or any other laws or regulations by which RSMI is bound; or
(iii) result in the creation or imposition of any liens, charge or encumbrance against RSMI or any of its assets.
