Conflicts with Credit Agreement. To the fullest extent possible, the terms and provisions of the Credit Agreement shall be read together with the terms and provisions of this Security Agreement so that the terms and provisions of this Security Agreement do not conflict with the terms and provisions of the Credit Agreement; provided, however, notwithstanding the foregoing, in the event that any of the terms or provisions of this Security Agreement conflict with any terms or provisions of the Credit Agreement, the terms or provisions of the Credit Agreement shall govern and control for all purposes; provided that the inclusion in this Security Agreement of terms and provisions, supplemental rights or remedies in favor of the Administrative Agent not addressed in the Credit Agreement shall not be deemed to be in conflict with the Credit Agreement and all such additional terms, provisions, supplemental rights or remedies contained herein shall be given full force and effect.
Conflicts with Credit Agreement. In case of any conflict or inconsistency between any terms of this Agreement, on the one hand, and any of the terms and provisions of the Credit Agreement, on the other hand, then the terms and provisions of the Credit Agreement shall control.
Conflicts with Credit Agreement. Notwithstanding anything in this Mortgage to the contrary, but subject to Section 32, in the event of any conflict or inconsistency between the terms and provisions of this Mortgage (including the terms and conditions set forth in Exhibit B) and the terms and provisions of the Credit Agreement, the terms and provisions of the Credit Agreement shall govern.
Conflicts with Credit Agreement. If any term or provision of this Mortgage shall contradict or otherwise conflict with any term or provision of the Credit Agreement, the parties hereto agree that the term or provision contained in the Credit Agreement shall control for so long as the Credit Agreement remains in force in respect of Mortgagor.
Conflicts with Credit Agreement. In the event of any conflict or inconsistency between the terms of this Pledge Agreement and the terms of the Credit Agreement, the terms of the Credit Agreement will control.
Conflicts with Credit Agreement. Notwithstanding any other provision ------------------------------- hereof, in the event of any conflict between the terms of this Agreement and the Credit Agreement, the provisions of the Credit Agreement shall govern and apply.
Conflicts with Credit Agreement. Notwithstanding any other provision hereof, in the event of any conflict between the terms of this Agreement and the Credit Agreement, the provisions of the Credit Agreement shall govern and apply. Each of the parties hereto has caused a counterpart of this Security Agreement to be duly executed and delivered as of the date first above written. BORROWERS: NATIONAL EQUIPMENT SERVICES, INC., a Delaware corporation By: /s/ Paul X. Xxxxxxxxx Name: Paul X. Xxxxxxxxx Title: Vice President NES ACQUISITION CORP., a Delaware corporation By: /s/ Paul X. Xxxxxxxxx Name: Paul X. Xxxxxxxxx Title: Vice President BAT ACQUISITION CORP., a Delaware Corporation By: /s/ Paul X. Xxxxxxxxx Name: Paul X. Xxxxxxxxx Title: Vice President AERIAL PLATFORMS, INC., a Georgia corporation By: /s/ Paul X. Xxxxxxxxx Name: Paul X. Xxxxxxxxx Title: Vice President AGENT: FIRST UNION COMMERCIAL CORPORATION, as Agent By: /s/ Todd X. Xxxxxx Name: Todd X. Xxxxxx Title: Vice President SCHEDULE 4(f)(i) NOTICE OF GRANT OF SECURITY INTEREST IN COPYRIGHTS United States Copyright Office Gentlemen: Please be advised that pursuant to the Security Agreement dated as of July 1, 1997 (as the same may be amended, modified, extended or restated from time to time, the "Security Agreement") by and among the Borrowers party thereto (each a "Borrower" and collectively, the "Borrowers") and First Union Commercial Corporation, as Agent (the "Agent") for the lenders referenced therein (the "Lenders"), the undersigned Borrower has granted a continuing security interest in and continuing lien upon, the copyrights and copyright applications shown below to the Agent for the ratable benefit of the Lenders: COPYRIGHTS Date of Copyright No. Description of Copyright Copyright ------------- ------------------------ --------- Copyright Applications Copyright Description of Copyright Date of Copyright Applications No. Applied For Applications ---------------- ------------------------- ------------------ The undersigned Borrower and the Agent, on behalf of the Lenders, hereby acknowledge and agree that the security interest in the foregoing copyrights and copyright applications (i) may only be terminated in accordance with the terms of the Security Agreement and (ii) is not to be construed as an assignment of any copyright or copyright application. Very truly yours, __________________________________ [Borrower] By: Name: Title: Acknowledged and Accepted: FIRST UNION COMMERCIAL CORPORATION, as Agent By: Name: Title: SCHEDULE 4...
Conflicts with Credit Agreement. Notwithstanding any other provision hereof, in the event of any conflict between the terms of this Agreement and the Credit Agreement, the provisions of the Credit Agreement shall govern and apply. Each of the parties hereto has caused a counterpart of this Security Agreement to be duly executed and delivered as of the date first above written. OBLIGOR: NATIONAL EQUIPMENT SERVICES, INC., ------- a Delaware corporation By: /s/ Xxxx X. Xxxxxxxxx ------------------------------------- Name: Xxxx X. Xxxxxxxxx ----------------------------------- Title: Vice President ---------------------------------- SUBSIDIARY GUARANTORS NES ACQUISITION CORP., --------------------- a Delaware corporation By: /s/ Xxxx X. Xxxxxxxxx ------------------------------------- Name: Xxxx X. Xxxxxxxxx ----------------------------------- Title: Vice President ---------------------------------- NES EAST ACQUISITION CORP., a Delaware corporation By: /s/ Xxxx X. Xxxxxxxxx ------------------------------------- Name: Xxxx X. Xxxxxxxxx ----------------------------------- Title: Vice President ---------------------------------- NES MICHIGAN ACQUISITION CORP., a Delaware corporation By: /s/ Xxxx X. Xxxxxxxxx ------------------------------------- Name: Xxxx X. Xxxxxxxxx ----------------------------------- Title: Vice President ---------------------------------- BAT ACQUISITION CORP., a Delaware corporation By: /s/ Xxxx X. Xxxxxxxxx ------------------------------------- Name: Xxxx X. Xxxxxxxxx ----------------------------------- Title: Vice President ---------------------------------- ALBANY LADDER COMPANY, INC., a New York corporation By: /s/ Xxxx X. Xxxxxxxxx ------------------------------------- Name: Xxxx X. Xxxxxxxxx ----------------------------------- Title: Vice President ---------------------------------- FALCONITE, INC., an Illinois corporation By: /s/ Xxxx X. Xxxxxxxxx ------------------------------------- Name: Xxxx X. Xxxxxxxxx ----------------------------------- Title: Vice President ---------------------------------- FALCONITE EQUIPMENT, INC., an Illinois corporation By: /s/ Xxxx X. Xxxxxxxxx ------------------------------------- Name: Xxxx X. Xxxxxxxxx ----------------------------------- Title: Vice President ---------------------------------- M&M PROPERTIES, INC., an Alabama corporation By: /s/ Xxxx X. Xxxxxxxxx ------------------------------------- Name: Xxxx X. Xxxxxxxxx ----------------------------------- Title: Vice President ---------------------------------- CARL'S MID SOUTH R...
Conflicts with Credit Agreement. Notwithstanding anything in this Mortgage to the contrary, in the event of a conflict or patent inconsistency between the terms of this Mortgage and the Credit Agreement, the terms of the Credit Agreement shall govern and apply.
Conflicts with Credit Agreement. To the fullest extent possible, the terms and provisions of the Credit Agreement shall be read together with the terms and provisions of this Security Agreement so that the terms and provisions of this Security Agreement do not conflict with the terms and provisions of the Credit Agreement; provided, however, notwithstanding the foregoing, in the event that any of the terms or provisions of this Security Agreement conflict with any terms or provisions of the Credit Agreement, the terms or provisions of the Credit Agreement shall govern and control for all purposes; provided that the inclusion in this Security Agreement of terms and provisions, supplemental rights or remedies in favor of the Collateral Agent not addressed in the Credit Agreement shall not be deemed to be in conflict with the Credit Agreement and all such additional terms, provisions, supplemental rights or remedies contained herein shall be given full force and effect. Governing Law; Service of Process THIS SECURITY AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HERETO IRREVOCABLY CONSENTS TO SERVICE OF PROCESS IN THE MANNER PROVIDED FOR NOTICES IN SECTION 7.4. NOTHING IN THIS SECURITY AGREEMENT WILL AFFECT THE RIGHT Exhibit E – Form of Pledge and Security Agreement NY\6271325.4 OF ANY PARTY HERETO TO SERVE PROCESS IN ANY OTHER MANNER PERMITTED BY APPLICABLE LAW. Submission to Jurisdiction. EACH OF THE PARTIES TO THIS SECURITY AGREEMENT IRREVOCABLY AND UNCONDITIONALLY SUBMITS, FOR ITSELF AND ITS PROPERTY, TO THE NONEXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE OF NEW YORK SITTING IN NEW YORK COUNTY AND OF THE UNITED STATES DISTRICT COURT OF THE SOUTHERN DISTRICT OF NEW YORK, AND ANY APPELLATE COURT FROM ANY THEREOF, IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS SECURITY AGREEMENT OR ANY OTHER CREDIT DOCUMENT, OR FOR RECOGNITION OR ENFORCEMENT OF ANY JUDGMENT, AND EACH OF THE PARTIES HERETO IRREVOCABLY AND UNCONDITIONALLY AGREES THAT ALL CLAIMS IN RESPECT OF ANY SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH NEW YORK STATE COURT OR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN SUCH FEDERAL COURT. EACH OF THE PARTIES HERETO AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. NOTHING IN THIS SECURITY A...
