Common use of Exhibits Incorporated by Reference Clause in Contracts

Exhibits Incorporated by Reference. Each of the exhibits and schedules attached hereto is expressly incorporated herein and made a part of this Agreement, and all references to this Agreement shall include the exhibits. In the event of any inconsistency between this Agreement (without reference to the exhibits) and the exhibits, the terms of the exhibits shall govern. This Agreement (without reference to the exhibits) may be interpreted with reference to the definitions set forth in the exhibits, to the extent such terms are used herein.

Appears in 17 contracts

Samples: Plan Support Agreement (Garrett Motion Inc.), Plan Support Agreement (Garrett Motion Inc.), Plan Support Agreement (Garrett Motion Inc.)

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Exhibits Incorporated by Reference. Each of the exhibits and schedules attached hereto is expressly incorporated herein and made a part of this Agreement, and all references to this Agreement shall include the exhibits. In the event of any inconsistency between this Agreement (without reference to the exhibits) and the exhibits, the terms of the exhibits shall govern. This this Agreement (without reference to the exhibits) may be interpreted with reference to the definitions set forth in the exhibits, to the extent such terms are used hereinshall govern.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Crossroads Systems Inc), Securities Purchase Agreement, Securities Purchase Agreement

Exhibits Incorporated by Reference. Each of the exhibits and schedules attached hereto is expressly incorporated herein and made a part of this Agreement, and all references to this Agreement shall include the such exhibits. In the event of any inconsistency between this Agreement (without reference to the exhibits) and the exhibits, the terms of the exhibits shall govern. This this Agreement (without reference to the exhibits) may be interpreted with reference to the definitions set forth in the exhibits, to the extent such terms are used hereinshall govern.

Appears in 5 contracts

Samples: Second Forbearance Agreement, Dip Credit Agreement (Legacy Reserves Inc.), Dip Credit Agreement (Legacy Reserves Inc.)

Exhibits Incorporated by Reference. Each of the exhibits and schedules attached hereto is expressly incorporated herein and made a part of this Agreement, and all references to this Agreement shall include the exhibitsexhibits hereto. In the event of any inconsistency between this Agreement (without reference to the exhibits) and the exhibitsexhibits attached hereto, the terms of the exhibits this Agreement shall govern. This Agreement (without reference to the exhibits) may be interpreted with reference to the definitions set forth in the exhibits, to the extent such terms are used herein.

Appears in 5 contracts

Samples: Intercreditor Agreement (Carvana Co.), Restructuring Support Agreement (Rex Energy Corp), Restructuring Support Agreement (Rand Logistics, Inc.)

Exhibits Incorporated by Reference. Each of the exhibits and schedules attached hereto is expressly incorporated herein and made a part of this Agreement, and all references to this Agreement shall include the exhibitsexhibits hereto. In the event of any inconsistency between this Agreement (without reference to the exhibits) and the exhibitsexhibits attached hereto, the terms of the exhibits shall govern. This this Agreement (without reference to the such exhibits) may be interpreted with reference to the definitions set forth in the exhibits, to the extent such terms are used hereinshall govern.

Appears in 5 contracts

Samples: Plan Support Agreement (Hertz Corp), Plan Support Agreement (Hertz Corp), Plan Sponsor Agreement (Aerocentury Corp)

Exhibits Incorporated by Reference. Each of the exhibits and schedules attached hereto and any annexes, schedules, or exhibits to such exhibits (collectively, the “Exhibits and Schedules”) is expressly incorporated herein and made a part of this Agreement, and and, as used in this Agreement, all references to this Agreement shall include the exhibitsExhibits and Schedules. In the event of any inconsistency between this Agreement (without reference to the exhibits) and the exhibitsExhibits and Schedules, the terms of the exhibits Exhibits and Schedules shall govern. This Agreement (without reference to the exhibits) may be interpreted with reference to the definitions set forth in the exhibits, to the extent such terms are used herein.

Appears in 3 contracts

Samples: Restructuring Support Agreement (GenOn Energy, Inc.), Restructuring Support Agreement (GenOn Energy, Inc.), document.epiq11.com

Exhibits Incorporated by Reference. Each of the exhibits and schedules attached hereto is expressly incorporated herein and made a part of this Agreement, and all references to this Agreement shall include the exhibits. In the event of any inconsistency between this Agreement (without reference to the exhibits) and the exhibits, this Agreement (without reference to the terms of the exhibits exhibits) shall govern. This ; provided, however, that this Agreement (without reference to the exhibits) may be interpreted with reference to the definitions set forth in the exhibits, to the extent such terms are used herein.

Appears in 2 contracts

Samples: Intercreditor Agreement, Intercreditor Agreement (Sandridge Energy Inc)

Exhibits Incorporated by Reference. Each of the exhibits and schedules attached hereto is expressly incorporated herein and made a part of this Agreement, and all references to this Agreement shall include the exhibits. In Unless otherwise provided herein, in the event of any inconsistency between this Agreement (without reference to the exhibits) and the exhibits, the terms of the exhibits shall govern. This Agreement (without reference to the exhibits) may be interpreted with reference to the definitions and conditions set forth in the exhibitsTerm Sheet and this Agreement are inconsistent, to the extent such terms are used hereinand conditions contained in the Term Sheet shall govern.

Appears in 1 contract

Samples: Restructuring Support Agreement (Castle a M & Co)

Exhibits Incorporated by Reference. Each of the exhibits and schedules attached hereto is expressly incorporated herein and made a part of this Agreement, and all references to this Agreement shall include the exhibits. In Unless otherwise provided herein, in the event of any inconsistency between this Agreement (without reference to the exhibits) and the exhibits, the terms of the exhibits shall govern. This Agreement (without reference to the exhibits) may be interpreted with reference to the definitions and conditions set forth in the exhibitsPlan and this Agreement are inconsistent, to the extent such terms are used hereinand conditions contained in the Plan shall govern.

Appears in 1 contract

Samples: Restructuring Support Agreement (Egalet Corp)

Exhibits Incorporated by Reference. Each of the exhibits and schedules attached hereto and any annexes, schedules, or exhibits to such exhibits (collectively, the "Exhibits and Schedules") is expressly incorporated herein and made a part of this Agreement, and and, as used in this Agreement, all references to this Agreement shall include the exhibitsExhibits and Schedules. In the event of any inconsistency between this Agreement (without reference to the exhibits) and the exhibitsExhibits and Schedules, the terms of the exhibits Exhibits and Schedules shall govern. This Agreement (without reference to the exhibits) may be interpreted with reference to the definitions set forth in the exhibits, to the extent such terms are used herein.

Appears in 1 contract

Samples: Aegean Marine Petroleum Network Inc.

Exhibits Incorporated by Reference. Each of the exhibits and schedules attached hereto is expressly incorporated herein and made a part of this Agreement, and all references to this Agreement shall include the exhibitsexhibits hereto. In the event of any inconsistency between this Agreement and the Plan, the Plan shall govern. In the event of any inconsistency between this Agreement (without reference to the exhibits) and the exhibitsexhibits other than the Plan, the terms of the exhibits shall govern. This this Agreement (without reference to the exhibits) may be interpreted with reference to the definitions set forth in the exhibits, to the extent such terms are used hereinshall govern.

Appears in 1 contract

Samples: Restructuring Support Agreement (Verso Paper Holdings LLC)

Exhibits Incorporated by Reference. Each of the exhibits and schedules attached hereto is expressly incorporated herein and made a part of this Agreement, and all references to this Agreement shall include the exhibits. In the event of any inconsistency between this Agreement (without reference to the exhibits) and the exhibits, this Agreement (without reference to the terms of the exhibits exhibits) shall govern. This ; provided, however, that this Agreement (without reference to the exhibits) may be interpreted with reference to the definitions set forth in the exhibits, to the extent such terms are used herein.

Appears in 1 contract

Samples: Services Agreement (NRG Energy, Inc.)

Exhibits Incorporated by Reference. Each of the exhibits and schedules attached hereto is expressly incorporated herein and made a part of this Amended Agreement, and all references to this Amended Agreement shall include the exhibits. In the event of any inconsistency between this Amended Agreement (without reference to the exhibits) and the exhibits, the terms of the exhibits shall govern. This Amended Agreement (without reference to the exhibits) may be interpreted with reference to the definitions set forth in the exhibits, to the extent such terms are used herein.

Appears in 1 contract

Samples: Restructuring Support Agreement (Breitburn Energy Partners LP)

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Exhibits Incorporated by Reference. Each of the exhibits and schedules attached hereto is are expressly incorporated herein and made a part of this Agreement, and all references to this Agreement shall include the exhibits. In the event of any inconsistency between this Agreement (without reference to the exhibits) and the exhibits, the terms of the exhibits shall govern. This Agreement (without reference to the exhibits) may be interpreted with reference to the definitions set forth in the exhibits, to the extent such terms are used herein.

Appears in 1 contract

Samples: Restructuring Support Agreement

Exhibits Incorporated by Reference. Each of the exhibits and schedules attached hereto is expressly incorporated herein and made a part of this AgreementContract, and all references to this Agreement Contract shall include the exhibits. In the event of any inconsistency between this Agreement Contract (without reference to the exhibits) and the exhibits, the terms of the exhibits shall govern. This Agreement (without reference to the exhibits) may be interpreted with reference to the definitions set forth in the exhibits, to the extent such terms are used herein.

Appears in 1 contract

Samples: Raw and Potable Water Supply Contract

Exhibits Incorporated by Reference. Each of the exhibits and schedules attached hereto is expressly incorporated herein and made a part of this Agreement, and all references to this Agreement shall include the exhibits. In Unless otherwise provided herein, in the event of any inconsistency between this Agreement (without reference to the exhibits) and the exhibits, the terms of the exhibits shall govern. This Agreement (without reference to the exhibits) may be interpreted with reference to the definitions and conditions set forth in the exhibitsPlan and this Agreement are inconsistent, to the extent such terms are used hereinand conditions contained in the Plan and the Definitive Documents (as defined below) shall govern.

Appears in 1 contract

Samples: Restructuring Support Agreement

Exhibits Incorporated by Reference. Each of the exhibits and schedules attached hereto is expressly incorporated herein and made a part of this Agreement, and all references to this Agreement shall include the exhibits. In Unless otherwise provided herein, in the event of any inconsistency between this Agreement (without reference to the exhibits) and the exhibits, the terms of the exhibits shall govern. This Agreement (without reference to the exhibits) may be interpreted with reference to the definitions and conditions set forth in the exhibitsPlan and this Agreement are inconsistent, to the extent such terms are used hereinand conditions contained in the Plan and the Definitive Documents shall govern.

Appears in 1 contract

Samples: Restructuring Support Agreement (Forbes Energy Services Ltd.)

Exhibits Incorporated by Reference. Each of the exhibits and schedules attached hereto and any schedules or annexes to such exhibits and schedules (collectively, the “Exhibits”) is expressly incorporated herein and made a part of this Agreement, and all references to this Agreement shall include the exhibitsExhibits. In the event of any inconsistency between this Agreement (without reference to the exhibitsExhibits) and the exhibitsExhibits, the terms of the exhibits shall govern. This this Agreement (without reference to the exhibitsExhibits) may be interpreted with reference to the definitions set forth in the exhibits, to the extent such terms are used hereinshall govern.

Appears in 1 contract

Samples: Restructuring Support Agreement (Enviva Inc.)

Exhibits Incorporated by Reference. Each of the exhibits and schedules attached hereto is expressly incorporated herein and made a part of this Agreement, and all references to this Agreement shall include the such exhibits. In the event of any inconsistency between this Agreement (without reference to the exhibits) and the exhibits, exhibits (other than the terms of the exhibits shall govern. This Plan) this Agreement (without reference to the exhibits) may be interpreted with shall govern. In the event of any inconsistency between this Agreement (without reference to the definitions set forth in exhibits) or the exhibitsexhibits (other than the Plan) and the Plan, to the extent such terms are used hereinPlan shall govern.

Appears in 1 contract

Samples: Up Agreement (Bonanza Creek Energy, Inc.)

Exhibits Incorporated by Reference. Each of the exhibits and schedules attached hereto is expressly incorporated herein and made a part of this Agreement, and all references to this Agreement shall include the exhibits. In the event of any inconsistency between this Agreement (without reference to the exhibits) and the exhibitsPlan, the terms of the exhibits Plan shall govern. This Agreement (without reference to the exhibits) may be interpreted with reference to the definitions set forth in the exhibits, to the extent such terms are used herein.

Appears in 1 contract

Samples: Plan Support Agreement (Sempra Energy)

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