Incorporation of Other Provisions. Sections 12.3, 12.4, 12.5, 12.6, 12.7, 12.8, 12.9, 12.10, 12.11, and 12.12 of the Merger Agreement are hereby incorporated by reference and made a part of this Agreement as is restated in full herein.
Incorporation of Other Provisions. Sections 9.04, 9.05, 9.06, 9.08 and 9.10 of the Merger Agreement are hereby incorporated by reference and made a part of this Agreement, mutatis mutandis, as if restated in full herein and without regard to whether the Merger Agreement remains in effect.
Incorporation of Other Provisions. All of the provisions, covenants and conditions set forth in Part Two and all other exhibits and riders described in the attached Table of Contents and the preceding Paragraph, are by this reference incorporated into the Basic Lease Provisions as fully as if the same were set forth at length in the Basic Lease Provisions. Each reference in Part Two and exhibits and riders to any provision in the Basic Lease Provisions will be construed to incorporate all of the terms provided under the referenced provision in the Basic Lease Provisions. In the event of any conflict between a provision in the Basic Lease Provisions, on the one hand, and a provision in Part Two or exhibits or riders, on the other hand, the latter will control. This Lease has been executed by Xxxxxxxx and Xxxxxx as of the day of ______, 2014 TENANT: HII TECHNOLOGIES, INC. By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: CEO LANDLORD: TEN-XXXX, LTD. By: General Partner By: Valley Depot, L.C. O. N. Xxxxx, Manager By: /s/ O.N. Xxxxx CERTIFIED COPY OF THE BY-LAWS OR RESOLUTION, AS THE CASE MAY BE, MUST BE FURNISHED [THE LEASE MUST BE EXECUTED FOR TENANT, IF A CORPORATION, BY THE PRESIDENT OR VICE-PRESIDENT AND ATTESTED BY THE SECRETARY OR ASSISTANT SECRETARY, UNLESS THE BY-LAWS OR A RESOLUTION OF THE BOARD OF DIRECTORS OTHERWISE PROVIDE, IN WHICH EVENT A CERTIFIED COPY OF THE BY-LAWS OR RESOLUTION, AS THE CASE MAY BE, MUST BE FURNISHED.] TABLE OF CONTENTS Page
1. PREMISES, COMMON AREAS. SERVICE AREAS
1.1. Building
Incorporation of Other Provisions. All of the provisions, covenants and conditions set forth in Part Two and all other exhibits and riders described in the attached Table of Contents and the preceding paragraph, are by this reference incorporated into the Fundamental Lease Provisions as fully as if the same were set forth at length in the Fundamental Lease Provisions. Each reference in Part Two and exhibits and riders to any provision in the Fundamental Lease Provisions will be construed to incorporate all of the terms provided under the referenced provision in the Fundamental Lease Provisions. In the event of any conflict between a provision in the Fundamental Lease Provisions, on the one hand, and a provision in Part Two or exhibits or riders, on the other hand, the latter will control. This Lease has been executed by Landlord and Tenant as of the 3rd day of February, 1998. TENANT: LANDLORD: PREFERRED VOICE, INC. GREENVILLE AVENUE PROPERTIES, LTD. By: LHTE Properties, Inc., General Partner By:/s/ Xxxx X. Xxxxxxx By:/s/ Xxxxxx XxXxxxxxx -------------------------- -------------------------- Name:Xxxx Xxxxxxx Name:Xxxxxx XxXxxxxxx ------------------------ ------------------------ Title: VP Finance/Secretary Title:Vice President ---------------------- ------------------------
Incorporation of Other Provisions. All of the provisions, covenants and conditions set forth in Part Two and all other exhibits and riders described in the attached Table of Contents and the preceding Paragraph, are by this reference incorporated into the Basic Lease Provisions as fully as if the same were set forth at length in the Basic Lease Provisions. Each reference in Part Two and exhibits and riders to any provision in the Basic Lease Provisions will be construed to incorporate all of the terms provided under the referenced provision in the Basic Lease Provisions. In the event of any conflict between a provision in the Basic Lease Provisions, on the one hand, and a provision in Part Two or exhibits or riders, on the other hand, the latter will control.
Incorporation of Other Provisions. The provisions of clauses 32 (Notices), 34 (Partial Invalidity) and 35 (Remedies and Waivers) of the Facilities Agreement shall be deemed to be incorporated in this Deed in the same manner and to the same extent as if the same had been, mutatis mutandis, set out in full in this Deed.
Incorporation of Other Provisions. To the extent not duplicative of or inconsistent with the terms hereof, the provisions of Sections 4, 6, 7 and (to the extent necessary to permit interpretation) 8 of the Xxxxxxx RRA shall apply to the registration rights provisions and related obligations in this Section 8, mutatis mutandis.
Incorporation of Other Provisions. Without limiting any of the Term Lender’s other rights hereunder, the Term Lender shall be entitled to the benefits and obligations of Sections 2.18, 2.20, 2.21, 2.22, 2.23, 2.25, 2.26, and 2.27 of this Agreement notwithstanding that such sections are structurally located in Article II (which Article deals with Revolving Loans).
Incorporation of Other Provisions. 1.6.1 A provision of this Agreement or of a Service Order can be validly supplemented, modified, replaced and/or deleted only if and to the extent that this is agreed between Rencore and Customer and if the clause or document to be supplemented, modified, replaced and/or deleted is either explicitly or by reference to a set of rules or to a document specifically designated.
1.6.2 Any general terms and conditions of the Parties do not apply to the provision of the Services under this Agreement. This even applies if an offer of either Party and/or a Service Order refers to such general terms and conditions and the other Party does not explicitly object to the application thereof prior to or when signing or accepting a Service Order.
Incorporation of Other Provisions. 1.3.1 The principles of construction set out in the Original SPA shall have effect as if set out in this Deed.
1.3.2 The provisions of Clauses 15.2, 15.3, 15.5, 15.6, 15.7, 15.8, 15.13, 15.14 and 15.18 of the Original SPA shall apply to this Deed as if set out in full mutatis mutandis, and references therein to “the Agreement” shall be read as references to the Original SPA as amended by this Deed.