Common use of Entire Agreement; Parties in Interest Clause in Contracts

Entire Agreement; Parties in Interest. This Agreement and the documents and instruments and other agreements specifically referred to herein or delivered pursuant hereto, including all the Exhibits attached hereto and the Company Disclosure Letter, (i) constitute the entire agreement among the parties hereto with respect to the subject matter hereof and supersede all prior agreements and understandings, both written and oral, among the parties hereto with respect to the subject matter hereof and (ii) are not intended to confer, and shall not be construed as conferring, upon any Person other than the parties hereto any rights or remedies hereunder unless specifically provided otherwise herein. The express terms of this Agreement control and supersede any course of performance or usage of the trade inconsistent with any of the terms hereof.

Appears in 3 contracts

Samples: Merger Agreement (CDC Corp), Merger Agreement (CDC Corp), Merger Agreement (CDC Software CORP)

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Entire Agreement; Parties in Interest. This Agreement and the documents and instruments and other agreements specifically referred to herein or delivered pursuant hereto, including all the Exhibits and Schedules attached hereto and the Company Disclosure Letter, (i) constitute the entire agreement among the parties hereto with respect to the subject matter hereof and supersede all prior agreements and understandings, both written and oral, among the parties hereto with respect to the subject matter hereof and (ii) are not intended to confer, and shall not be construed as conferring, upon any Person other than the parties hereto any rights or remedies hereunder unless specifically provided otherwise herein. The express terms of this Agreement control and supersede any course of performance or usage of the trade inconsistent with any of the terms hereof.

Appears in 2 contracts

Samples: Merger Agreement (CDC Corp), Merger Agreement (CDC Software CORP)

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Entire Agreement; Parties in Interest. This Agreement and the documents and instruments and other agreements specifically referred to herein or delivered pursuant hereto, including all the Exhibits exhibits and schedules attached hereto and the Company Disclosure Letterhereto, (ia) constitute the entire agreement among the parties hereto with respect to the subject matter hereof and supersede all prior agreements and understandings, both written and oral, among the parties hereto with respect to the subject matter hereof and (iib) are not intended to confer, and shall not be construed as conferring, upon any Person other than the parties hereto any rights or remedies hereunder unless specifically provided otherwise hereinhereunder. The express terms For purposes of clarity, neither this Agreement control nor the documents and instruments or other agreements specifically referred to herein or delivered pursuant hereto shall supersede the Satisfaction Agreement or affect in any course manner the rights of performance or usage of the trade inconsistent with any of the terms hereofCompany Noteholder thereunder.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Applovin Corp)

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