Exhibits Incorporated by Reference; Conflicts. Each of the exhibits, annexes, signatures pages, and schedules attached hereto is expressly incorporated herein and made a part of this Agreement, and all references to this Agreement shall include such exhibits, annexes, and schedules. In the event of any inconsistency between this Agreement (without reference to the exhibits, annexes, and schedules hereto) and the exhibits, annexes, and schedules hereto, this Agreement (without reference to the exhibits, annexes, and schedules thereto) shall govern.
Appears in 49 contracts
Samples: Restructuring Support Agreement (Vertex Energy Inc.), Restructuring Support Agreement (View, Inc.), Subscription Agreement (5E Advanced Materials, Inc.)
Exhibits Incorporated by Reference; Conflicts. Each of the exhibits, annexes, signatures pages, and schedules attached hereto to this Agreement is expressly incorporated herein and made a part of this Agreement, and all references to this Agreement shall include such exhibits, annexes, and schedules. In the event of any inconsistency between this Agreement (without reference to the exhibits, annexes, and schedules heretoattached to this Agreement) and the exhibits, annexes, and schedules heretoattached to this Agreement, this Agreement (without reference to the exhibits, annexes, and schedules thereto) shall govern.
Appears in 9 contracts
Samples: Restructuring Support Agreement, Restructuring Support Agreement (Whiting Petroleum Corp), Restructuring Support Agreement (Pioneer Energy Services Corp)
Exhibits Incorporated by Reference; Conflicts. Each of the exhibits, annexes, signatures pages, and schedules attached hereto is expressly incorporated herein and made a part of this Agreement, and all references to this Agreement shall include such exhibits, annexes, and schedules. In Subject to the foregoing, in the event of any inconsistency between this Agreement (without reference to the exhibits, annexes, and schedules hereto) and the exhibits, annexes, and schedules hereto, this Agreement (without reference to the exhibits, annexes, and schedules thereto) shall govern.
Appears in 4 contracts
Samples: Restructuring Support Agreement (CorEnergy Infrastructure Trust, Inc.), Transfer Agreement (National CineMedia, Inc.), Agreement (Pacific Drilling S.A.)
Exhibits Incorporated by Reference; Conflicts. Each of the exhibits, annexes, signatures signature pages, and schedules attached hereto is expressly incorporated herein and made a part of this Agreement, and all references to this Agreement shall include such exhibits, annexes, and schedules. In the event of any inconsistency between this Agreement (without reference to the exhibits, annexes, and schedules hereto) and the exhibits, annexes, and schedules hereto, this Agreement (without reference to the exhibits, annexes, and schedules thereto) shall govern.
Appears in 3 contracts
Samples: Restructuring Support Agreement (Accelerate Diagnostics, Inc), Restructuring Support Agreement (Invacare Corp), Restructuring Support Agreement (Ultra Petroleum Corp)
Exhibits Incorporated by Reference; Conflicts. Each of the exhibits, annexes, signatures pages, and schedules attached hereto is expressly incorporated herein and made a part of this Agreement, and all references to this Agreement shall include such exhibits, annexes, and schedules. In the event of any inconsistency between this Agreement (without reference to the exhibits, annexes, and schedules hereto) and the exhibits, annexes, and schedules hereto, this Agreement (without reference to the exhibits, annexes, and schedules thereto) shall govern.and
Appears in 3 contracts
Samples: Noteholder Warrant Agreement (GTT Communications, Inc.), Restructuring Support Agreement (Centric Brands Inc.), Appgate, Inc.
Exhibits Incorporated by Reference; Conflicts. Each of the exhibits, annexes, signatures pages, and schedules attached hereto to this Agreement is expressly incorporated herein in this Agreement and made a part of this Agreement, and all references to this Agreement shall include such exhibits, annexes, signature pages, and schedules. In the event of any inconsistency between this Agreement (without reference to the exhibits, annexes, and schedules hereto) and the exhibits, annexes, and schedules hereto, this Agreement (without reference to the exhibits, annexes, and schedules thereto) shall govern.
Appears in 2 contracts
Samples: Transaction Support Agreement (Neiman Marcus Group LTD LLC), neiman.gcs-web.com
Exhibits Incorporated by Reference; Conflicts. Each of the exhibits, annexes, signatures pages, pages and schedules attached hereto is expressly incorporated herein and made a part of this Agreement, and all references to this Agreement shall include such exhibits, annexes, and schedules. In the event of any inconsistency between this Agreement (without reference to the exhibits, annexes, and schedules hereto) and the exhibits, annexes, and schedules hereto, this Agreement (without reference to the exhibits, annexes, and schedules thereto) shall govern.and
Appears in 2 contracts
Samples: Backstop Commitment Agreement, Collateral Agreement
Exhibits Incorporated by Reference; Conflicts. Each of the exhibits, annexes, signatures signature pages, and schedules attached hereto is expressly incorporated herein and made a part of this Agreement, and all references to this Agreement shall include such exhibits, annexes, and schedules. In the event of any inconsistency between this Agreement (without reference to the exhibits, annexes, and schedules hereto) and the exhibits, annexes, and schedules hereto, this Agreement (without reference to the exhibits, annexes, and schedules thereto) or the final, executed Definitive Documents, as applicable, shall govern.
Appears in 2 contracts
Samples: Exchange Agreement (KLDiscovery Inc.), Restructuring Support Agreement (CalAmp Corp.)
Exhibits Incorporated by Reference; Conflicts. Each of the exhibits, annexes, signatures pages, and schedules attached hereto is expressly incorporated herein and made a part of this Agreement, and all references to this Agreement shall include such exhibits, annexes, and schedules. In the event of any inconsistency between this Agreement (without reference to the exhibits, annexes, and schedules hereto) and the exhibits, annexes, and schedules hereto, this Agreement (without reference to the exhibits, annexes, and schedules thereto) shall govern.govern.β
Appears in 1 contract
Samples: Restructuring Support Agreement
Exhibits Incorporated by Reference; Conflicts. Each of the exhibits, annexes, signatures pages, and schedules attached hereto is expressly incorporated herein and made a part of this Agreement, and all references to this Agreement shall include such exhibits, annexes, and schedules. In the event of any inconsistency between this Agreement (without reference to the exhibits, annexes, and schedules hereto) and the exhibits, annexes, and schedules heretohereto (including the Plan), this Agreement (without reference to the exhibits, annexes, and schedules thereto) shall govern.
Appears in 1 contract
Samples: Revlon Consumer Products Corp
Exhibits Incorporated by Reference; Conflicts. Each of the exhibits, annexes, signatures pages, pages and schedules attached hereto is expressly incorporated herein and made a part of this Agreement, and all references to this Agreement shall include such exhibits, annexes, and schedules. In the event of any inconsistency between this Agreement (without reference to the exhibits, annexes, and schedules hereto) and the exhibits, annexes, and schedules hereto, this Agreement (without reference to the exhibits, annexes, and schedules thereto) shall govern.
Appears in 1 contract
Samples: Collateral Agreement
Exhibits Incorporated by Reference; Conflicts. Each of the exhibits, annexes, signatures pages, and schedules attached hereto is expressly incorporated herein and made a part of this Agreement, and all references to this Agreement shall include such exhibits, annexes, and schedules. In the event of any inconsistency between this Agreement (without reference to the exhibits, annexes, and schedules hereto) and the exhibits, annexes, and schedules hereto, this Agreement (without reference to the exhibits, annexes, and schedules thereto) shall govern.32
Appears in 1 contract
Exhibits Incorporated by Reference; Conflicts. Each of the exhibits, annexes, signatures pages, and schedules attached hereto is expressly incorporated herein and made a part of this Agreement, and all references to this Agreement shall include such exhibits, annexes, and schedules. In the event of any inconsistency between this Agreement (without reference to the exhibits, annexes, and schedules hereto) and the exhibits, annexes, and schedules hereto, this Agreement (without reference to the exhibits, annexes, and schedules thereto) shall govern. 17.03.
Appears in 1 contract
Exhibits Incorporated by Reference; Conflicts. Each of the exhibits, annexes, signatures signature pages, and schedules attached hereto to this Agreement is expressly incorporated herein and made a part of this Agreement, and all references to this Agreement shall include such exhibits, annexes, signature pages, and schedules. In the event of any inconsistency between this Agreement (without reference to the exhibits, annexes, signature pages, and schedules heretoattached to this Agreement) and the exhibits, annexes, signature pages, and schedules heretoattached to this Agreement, this Agreement (without reference to the exhibits, annexes, signature pages, and schedules thereto) shall govern.
Appears in 1 contract
Samples: Restructuring Support Agreement (Martin Midstream Partners L.P.)
Exhibits Incorporated by Reference; Conflicts. Each of the exhibits, annexes, signatures pages, and schedules attached hereto is expressly incorporated herein and made a part of this Agreement, and all references to this Agreement shall include such exhibits, annexes, and schedules. In Subject to Section 4, in the event of any inconsistency between this Agreement (without reference to the exhibits, annexes, and schedules hereto) and the exhibits, annexes, and schedules hereto, this Agreement (without reference to the exhibits, annexes, and schedules thereto) shall govern.
Appears in 1 contract
Samples: Restructuring Support Agreement
Exhibits Incorporated by Reference; Conflicts. Each of the exhibits, annexes, signatures pages, pages and schedules attached hereto is expressly incorporated herein and made a part of this Agreement, and all references to this Agreement shall include such exhibits, annexes, and schedules. In the event of any inconsistency between this Agreement (without reference to the exhibits, annexes, and schedules hereto) and the exhibits, annexes, and schedules hereto, this Agreement (without reference to the exhibits, annexes, and schedules thereto) shall govern.... 14.02
Appears in 1 contract
Samples: Collateral Agreement
