Entire Agreement; Effect. This Amendment No.1, together with the Transaction Documents, is intended by the parties to and does constitute the entire agreement of the parties with respect to the transaction contemplated hereunder. This Amendment No. 1 supersedes any and all prior understandings, and it does not alter, amend or waive any of the terms or provisions of the Indenture except for those terms or provisions expressly amended hereby.
Entire Agreement; Effect. Subject to Sections 5.1(b) and 6.1(b), this Plan (including the financial statements, lists, schedules, and documents delivered pursuant hereto, which are made a part hereof) is intended by the parties to and does constitute the entire agreement of the parties with respect to the transaction contemplated hereunder. This Plan supersedes any and all prior understandings, including prior letters of intent, and it may not be changed, waived, discharged, or terminated orally, but only in writing by a party against which enforcement of the change, waiver, discharge, or termination is sought.
Entire Agreement; Effect. This letter agreement constitutes the entire agreement between the parties hereto with respect to the matters covered hereby and supersedes all prior communications, written and oral, between the parties.
Entire Agreement; Effect. This Agreement (including the Schedules, lists and documents delivered pursuant hereto, which are made a part hereof) is intended by the parties to and does constitute the entire agreement of the parties with respect to the transaction contemplated hereunder. This Agreement supersedes any and all prior understandings, and it may not be changed, waived, discharged, or terminated orally, but only in writing by a party against which enforcement of the change, waiver, discharge or termination is sought.
Entire Agreement; Effect. This Lease contains the final and complete expression of the parties relating in any manner to the leasing, use and occupancy of the Premises and other matters set forth in this Lease. No prior agreements or understanding pertaining to the same shall be valid or of any force or effect and the covenants and agreements of this Lease shall not be altered, modified or added to except in writing signed by Landlord and Tenant. Nothing contained herein shall in any way supersede, modify, replace, amend, change or waive the provisions of the Purchase Agreement, each of which shall remain in full force and effect in accordance with their respective terms.
Entire Agreement; Effect. This Amendment No. 6, together with the Transaction Documents, is intended by the parties to and does constitute the entire agreement of the parties with respect to the transaction contemplated hereunder. This Amendment No. 6 supersedes any and all prior understandings, and it does not alter, amend or waive any of the terms or provisions of the 98-A Indenture except for those terms or provisions expressly amended hereby. Notwithstanding anything in the foregoing to the contrary, nothing in this Amendment No. 6: (i) shall be construed as limiting, and each of the parties hereto reserves, its respective rights and remedies with respect to any of the Transaction Documents, including, without limitation, the Settlement Agreement (the "Settlement Agreement") entered into pursuant to the Consent Order of the United States Bankruptcy Court for the District of Maryland, Baltimore Division, Approving the Settlement Agreement dated January 18, 2001 among Creditrust Corporation, Creditrust SPV2, LLC, Creditrust SPV 98-2, LLC, Creditrust Funding 1 LLC, the Trustee, Xxxxx Fargo, Coldata, the Note Insurer, NCO Group, Inc., the Successor Servicer and NCO Portfolio Funding, Inc.; or (ii) shall be construed as an admission by any of the parties hereto of the existence or not of any particular facts or circumstances hereunder or under any of the Transaction Documents, including, without limitation, the Settlement Agreement. For the avoidance of doubt, Sections 8.03 and 8.07 of the 98-A Indenture are confirmed in their entirety, and nothing in this Amendment No. 6 shall be construed as limiting the right of the Backup Servicer to, at its own expense, enter into subservicing agreements with Subservicers.
Entire Agreement; Effect. The Agreement, as amended by this Second Amendment (together, the “Amended Agreement”), constitutes the sole and entire agreement of the Parties to the Amended Agreement with respect to the subject matter contained herein and therein, and supersedes all prior and contemporaneous representations, warranties, understandings and agreements, both written and oral, with respect to such subject matter. The Amended Agreement may not be amended or otherwise modified except by a written agreement executed by the Parties hereto. Except as otherwise expressly provided or contemplated by this Second Amendment, all of the terms, conditions and provisions of the Agreement remain unaltered and in full force and effect. The Amended Agreement shall constitute and be construed as a single agreement.
Entire Agreement; Effect. This Letter and the Reconnaissance and Standstill Agreement contain the entire agreement of the parties related to its subject matter and state all the consideration, express or implied, due or owed from, to or by each party in connection with its subject matter, other than the implied covenants of good faith and fair dealing. Except for sections 2(b), 2(c), 6, 9, 13, this section 14, and the obligation of both parties to negotiate and execute the Definitive Agreements in good faith, all of which are intended to be binding, this Letter shall be non-binding until its subject matter is reduced to writing and executed by both parties in the form of the Definitive Agreements. AGREED TO ON BEHALF OF FX ENERGY, INC. By /s/ David N. Pierce, Presxxxxx XXXXXX TO ON BEHALF OF HOMESTAKE MINING COMPANY OF CALIFORNIA By /s/ W.F. Lundquist, Vice xxxxxxxxx-Xxxxoration
Entire Agreement; Effect. 52 17. Representations, Warranties, and Agreements...............................52 18.
Entire Agreement; Effect. This Agreement contains the ------------------------ entire understanding between the parties with respect to the subject matter hereof, and supersedes any and all prior written or oral agreements between the parties with respect to the subject matter hereof, including, without limitation, that certain Warrant Agreement of even date herewith by and between CORE and R. Xxxx Xxxxxxx. There are no representations, agreements, arrangements, or understandings, either written or oral, between or among the parties with respect to the subject matter hereof which are not set forth in this Agreement.
