Conflict with the Credit Agreement. Except as set forth in Section 2(d), in the event that this Agreement requires any action to be taken with respect to any matter and the Credit Agreement requires that a different action be taken with respect to such matter, and such actions are mutually exclusive, the provisions of the Credit Agreement in respect thereof shall control. In respect of any other conflict between the terms of this Agreement and the Credit Agreement, the terms of the Credit Agreement shall control.
Conflict with the Credit Agreement. If this Agreement shall require that any action be taken with respect to any matter and the Credit Agreement shall require that a different action be taken with respect to such matter, and such actions shall be mutually exclusive, or if this Agreement should otherwise conflict with the Credit Agreement, U.S. Bank shall notify the Company, the Collateral Manager and the Administrative Agent and act in accordance with the Collateral Manager’s instructions (unless U.S. Bank shall conclude that such action would be in conflict with or in violation of its duties as Collateral Agent under the Credit Agreement, in which case it shall be entitled to refrain from taking such action, of which conflict U.S. Bank shall notify the Company, the Collateral Manager and the Administrative Agent upon the discovery thereof).
Conflict with the Credit Agreement. On and after the Warehouse Closing Date, except as set forth in Section 2(d), in the event that this Agreement requires any action to be taken with respect to any matter and the Credit Agreement requires that a different action be taken with respect to such matter, and such actions are mutually exclusive, the provisions of the Credit Agreement in respect thereof shall control. In respect of any other conflict between the terms of this Agreement and the Credit Agreement on and after the Warehouse Closing Date, the terms of the Credit Agreement shall control.
Conflict with the Credit Agreement. If this Agreement shall require that any action be taken with respect to any matter and the Credit Agreement shall require that a different action be taken with respect to such matter, and such actions shall be mutually exclusive, or if this Agreement should otherwise conflict with the Credit Agreement, the Collateral Administrator shall notify the Collateral Manager and act in accordance with the Collateral Manager’s instructions.
Conflict with the Credit Agreement. In respect of any conflict between the terms of this Agreement and the Credit Agreement or actions required under the terms of the Credit Agreement and the terms of this Agreement, the terms of the Credit Agreement shall control.
Conflict with the Credit Agreement. Notwithstanding anything to the contrary contained herein, if any provision of this Mortgage conflicts with the provisions of the Credit Agreement, the terms of the Credit Agreement shall control.
Conflict with the Credit Agreement. This Agreement and the Credit Agreement are each intended to cover the respective matters specifically set forth herein and therein. In the case of any express conflict between the terms of this Agreement and the terms of the Credit Agreement with respect to the conditions precedent to the Initial Standard Advance Date for any Project or to any Advance, the terms of this Agreement shall control. The Company shall be required to comply with each representation, warranty and covenant set forth in this Agreement and the Credit Agreement and (a) if this Agreement has a more restrictive representation, warranty, covenant or default provision than the Credit Agreement, the Company shall be required to comply with the more restrictive provision regardless of the existence of a less restrictive provision in the Credit Agreement, and (b) if the Credit Agreement has a more restrictive representation, warranty, covenant or default provision than this Agreement, the Company shall be required to comply with the more restrictive provision regardless of the existence of a less restrictive provision in this Agreement.
Conflict with the Credit Agreement. To the extent that any of the terms in Article III and IV conflict with the terms of the Credit Agreement, the terms of the Credit Agreement shall control until the Loan Repayment Date. Prior to the Loan Repayment Date, the Borrower’s rights under Sections 3.2, 3.3, 3.5, 3.6, 3.7, 4.4(a) and 7.10 will be subject to the Credit Agreement.
