Entire Agreement; No Oral Change. This agreement contains a --------------------------------- compete statement of all of the arrangements among the parties with respect to its subject matter, supersedes all prior agreements and understandings, written and oral, among the parties with respect to that subject matter, and cannot be changed or terminated except by an agreement in writing signed by all parties.
Entire Agreement; No Oral Change. This Agreement embodies the entire agreement and understanding between the Company and you relating to the subject matter hereof, and supersedes all prior agreements and understandings relating to such subject matter. This Agreement may not be changed orally, but only by an agreement in writing signed by the party against whom enforcement of any waiver, change, modification, or discharge is sought.
Entire Agreement; No Oral Change. This Agreement, together with the schedules and exhibits hereto, embodies the entire agreement between the parties hereto and supersedes any and all prior agreements and understandings between the parties hereto. This Agreement may only be changed by written instrument signed by the party to be charged.
Entire Agreement; No Oral Change. This Agreement, together with any other writing signed by the parties expressly stated to be supplementary hereto and together with the instruments and certificates to be delivered to you pursuant to this Agreement, constitute the entire agreement between you and the Trust with respect to the subject matter hereof, superseding all prior understandings and writings relating thereto, and may not be changed orally.
Entire Agreement; No Oral Change. This Agreement, together with any other writing signed by the parties expressly stated to be supplementary hereto and together with the instruments and certificates to be delivered to you pursuant to this Agreement, constitute the entire agreement between you and the Company with respect to the subject matter hereof, superseding all prior understandings and writings relating thereto, and may not be changed orally. If this Agreement is satisfactory to you, please so indicate by signing the acceptance at the foot of a counterpart of this Agreement and return such counterpart to the Company whereupon this Agreement will become binding between us in accordance with its terms. Very truly yours, RIVER FUEL FUNDING COMPANY #3, INC. By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: President Accepted: TIAA-CREF LIFE INSURANCE COMPANY By Teachers Insurance And Annuity Association of America, as Investment Manager By: /s/ Xxxxxxxxx Xxxxxx Title: Director EXHIBIT A-1 PURCHASER Name and Address of Purchaser Principal Amount TIAA-CREF LIFE INSURANCE COMPANY $4,000,000.00 000 Xxxxx Xxx. Xxx Xxxx, Xxx Xxxx 00000 All payments on account of the Notes shall be made in immediately available funds at the opening of business on the due date by electronic funds transfer, properly identified through the Automated Clearing House System to the following account, and all such payments shall be accompanied by the notices specified in paragraph (2) below: Chase Manhattan Bank ABA #000-000-000 Account Name: T-C Life PA Select Private Placements Account Number: 000-0-000000 For Further Credit to Account Number: G08045 Reference: PPN#/Issuer/Mat. Date/Coupon Rate/P&I Breakdown (2) Address for all notices in respect of payment: Contemporaneous with the above electronic funds transfer, mail or fax the following information setting forth: (1) the full name, private placement number, interest rate and maturity date of the Notes: (2) the allocation of payment between principal, interest, premium and any special payment; and (3) the name and address of Bank (or Trustee) from which such transfer was sent to: Teachers Insurance and Annuity Association of America 000 Xxxxx Xxx. Xxx Xxxx, Xxx Xxxx 00000 Attn: Securities Accounting Division Telephone No. (000) 000-0000 Telecopy No. (000) 000-0000 with a copy to: Teachers Insurance and Annuity Association of America 000 Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attn: Xxxxxxxxx Xxxxxx Securities Division - Private Placements Telephone No. (000) 000-000...
Entire Agreement; No Oral Change. This Agreement (including all Exhibits and Appendices hereto and documents or instruments executed in connection herewith) embodies the entire agreement and understanding between Borrower, Agent and the Lenders relating to the subject matter hereof and thereof and supersedes all prior agreements and understandings relating hereto and thereto and none of the parties hereto or thereto shall be bound by or charged with any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth herein or therein. This Agreement may not be changed and no right granted or obligation imposed hereunder may be waived orally, but only by an instrument in writing signed by the party against whom enforcement of any waiver, change, modification or discharge is sought.
Entire Agreement; No Oral Change. This Agreement, together with any other writing signed by the parties expressly stated to be supplementary hereto and together with the instruments and certificates to be delivered to you pursuant to this Agreement, constitute the entire agreement between you and the Company with respect to the subject matter hereof, superseding all prior understandings and writings relating thereto, and may not be changed orally. If this Agreement is satisfactory to you, please so indicate by signing the acceptance at the foot of a counterpart of this Agreement and return such counterpart to the Company whereupon this Agreement will become binding between us in accordance with its terms. Very truly yours, RIVER FUEL FUNDING COMPANY #3, INC. By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: President Accepted: TIAA-CREF LIFE INSURANCE COMPANY By Teachers Insurance And Annuity Association of America, as Investment Manager By: /s/ Xxxxxxxxx Xxxxxx Title: Director EXHIBIT A-1 PURCHASER Name and Address of Purchaser Principal Amount TIAA-CREF LIFE INSURANCE COMPANY $4,000,000.00 000 Xxxxx Xxx. Xxx Xxxx, Xxx Xxxx 00000 All payments on account of the Notes shall be made in immediately available funds at the opening of business on the due date by electronic funds transfer, properly identified through the Automated Clearing House System to the following account, and all such payments shall be accompanied by the notices specified in paragraph (2) below: Chase Manhattan Bank ABA #000-000-000 Account Name: T-C Life GFA Private Placement Securities Account Account Number: 000-0-000000 For Further Credit to Account Number: G09742 Reference: PPN#/Issuer/Mat. Date/Coupon Rate/P&I Breakdown
Entire Agreement; No Oral Change. This Note embodies the entire agreement and understanding between the Payee and the Obligors relating to the subject matter hereof, and supersedes all prior agreements and understandings relating thereto. None of the provisions hereof may be waived, altered or amended, except by a written instrument signed by the holders of a majority of the outstanding principal amount of the Notes and by the Obligors. In the case of any waiver, the Obligors and the holders of a majority of the outstanding principal amount of the Notes shall be restored to their former respective positions and rights hereunder and any Event of Default waived shall be deemed to be cured and not continuing, but no such waiver shall extend to any subsequent or other Event of Default or impair any right consequent thereon except to the extent expressly provided in such waiver.
Entire Agreement; No Oral Change. This agreement and the stock option agreements referred to in section 3.2 contain, and are intended as, a complete statement of all the terms of the arrangements between the parties, supersede any previous agreements and understandings between the parties, and cannot be changed or terminated orally.
Entire Agreement; No Oral Change. This Assignment and the other agreements heretofore or hereafter executed in connection with the ATA embody the entire agreement and understanding between the Assignor and the Assignee relating to the subject matter hereof and supersede all prior agreements and understandings relating thereto. This Assignment may not be changed orally, but only by an instrument in writing signed by the party against whom enforcement of any waiver, change, modification or discharge is sought.
