Common use of Existing Transactions Clause in Contracts

Existing Transactions. In the event that the parties have entered into Transactions prior to the date of this Agreement (collectively, the “Prior Transactions”), the parties agree that all such Prior Transactions shall constitute Transactions under and governed by this Agreement. To the extent of any conflict between the terms and provisions of the Prior Transactions and the terms and provisions of this Agreement, the terms and provisions of this Agreement shall control.

Existing Transactions. In the event that the parties have entered into Transactions prior to the date of this Agreement (collectively, the “"Prior Transactions”"), the parties agree that all such Prior Transactions shall constitute Transactions under and governed by this Agreement. To the extent of any conflict between the terms and provisions of the Prior Transactions and the terms and provisions of this Agreement, the terms and provisions of this Agreement shall control.

Existing Transactions. In the event that the parties have entered into Transactions prior to the date of this Agreement (collectively, the “Prior Transactions”)) and each Transaction fails by its terms to expressly apply the terms and conditions of another form of agreement or alternatively to exclude application of this Agreement, the parties agree that all such Prior Transactions shall constitute Transactions under and be governed by this Agreement. To the extent of any conflict between the terms and provisions of the Prior Transactions and the terms and provisions of this Agreement, the terms and provisions of this Agreement shall control.

Existing Transactions. In the event that the parties have entered into Transactions defined as Specified Transactions under Section 14 of this Agreement prior to the date of this Agreement (collectively, the “Prior Transactions”), the parties agree that all such Prior Transactions shall constitute Transactions under and governed by this Agreement. To the extent of any conflict between the terms and provisions of the Prior Transactions and the terms and provisions of this Agreement, the terms and provisions of this Agreement shall control.