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 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; provided that, (i) all Additional Amounts, under and as defined in the Prior Transactions, shall automatically become Independent Amounts under this Agreement, and (ii) all Performance Assurance, as held by a party pursuant to the terms of and as defined in the Prior Transactions, shall automatically become Posted Credit Support under this Agreement, in each case subject to the terms of this Agreement.

Appears in 8 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

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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 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; provided that, (i) all Additional Amounts, under and as defined in the Prior Transactions, shall automatically become Independent Amounts under this Agreement, and (ii) all Performance Assurance, as held by a party pursuant to the terms of and as defined in the Prior Transactions, shall automatically become Posted Credit Support under this Agreement, in each case subject to the terms of this Agreement.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

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