Common use of Incorporation of Terms Clause in Contracts

Incorporation of Terms. The provisions of Clause 35 (Notices) and Clause 42 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in those clauses to “this Agreement” are references to this Agreement.

Appears in 3 contracts

Samples: Amendment and Restatement Agreement (Rockwood Holdings, Inc.), Facility Agreement (Rockwood Specialties Group Inc), Amendment and Restatement Agreement (Rockwood Holdings, Inc.)

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Incorporation of Terms. The provisions of Clause 35 29 (Notices) and Clause 42 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in those clauses that clause to “this Agreement” are references to this Agreement.

Appears in 3 contracts

Samples: Amendment and Restatement Agreement (Mechel OAO), Amendment and Restatement Agreement (Mechel OAO), Amendment Agreement (Mechel OAO)

Incorporation of Terms. The provisions of Clause 35 31 (Notices) and Clause 42 39 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in those clauses to “this Agreement” and “any Finance Document” are references to this Agreement.

Appears in 2 contracts

Samples: Amendment Agreement (Luxottica Group Spa), Amendment and Transfer Agreement (Luxottica Group Spa)

Incorporation of Terms. The provisions of Clause 35 30 (Notices) and Clause 42 37 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in those clauses to “this Agreement” are references to this Agreement.

Appears in 2 contracts

Samples: Amendment and Restatement Agreement (Montpelier Re Holdings LTD), Loan Agreement (General Geophysics Co)

Incorporation of Terms. The provisions of Clause 35 clause 36 (Notices) and Clause 42 clause 43 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in those clauses to “this Agreement” are references to this Agreement.

Appears in 2 contracts

Samples: Amendment and Restatement Agreement (Cascal N.V.), Amendment and Restatement Agreement (Cascal N.V.)

Incorporation of Terms. The provisions of Clause 35 31 (Notices) and Clause 42 35 (EnforcementJurisdiction) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in those clauses to “this Agreement” are references to this Agreement.

Appears in 2 contracts

Samples: Syndicated Facilities Agreement (Bayer Aktiengesellschaft), Bridge Facilities Agreement (Bayer Aktiengesellschaft)

Incorporation of Terms. The provisions of Clause 35 Clauses 36 (Notices), 44 (Governing law) and Clause 42 45 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in those clauses to "this Agreement" are references to this Agreement. This Agreement has been entered into on the date stated on the first page hereof.

Appears in 2 contracts

Samples: Amendment Agreement (Cadeler a/S), Amendment Agreement (Cadeler a/S)

Incorporation of Terms. The provisions provision of Clause 35 clause 34 (Notices) and Clause 42 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in those clauses to "this Agreement" are references to this Agreement.

Appears in 2 contracts

Samples: Amendment and Restatement Agreement (Cboe Global Markets, Inc.), Amendment and Restatement Agreement (Cboe Global Markets, Inc.)

Incorporation of Terms. The provisions of Clause 35 29 (Notices) and Clause 42 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in those clauses to “this Agreement” are references to this Agreement.

Appears in 1 contract

Samples: Transfer Agreement (MTS Inc)

Incorporation of Terms. The provisions of Clause 35 clause 27 (Notices) and Clause 42 clause 36 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in those clauses to "this Agreement" are references to this Agreement.

Appears in 1 contract

Samples: Facility Agreement (Century Aluminum Co)

Incorporation of Terms. The provisions of Clause 35 29 (Notices) and Clause 42 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in those clauses to “this Agreement” are references to this AgreementAgreement and as if references in those clauses to “Party” and “Lender” include the New Lenders.

Appears in 1 contract

Samples: Syndication Agreement (Chartered Semiconductor Manufacturing LTD)

Incorporation of Terms. The provisions of Clause 35 28 (Notices) and Clause 42 31 (EnforcementGoverning law and enforcement) of the Original Amended and Restated Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in those clauses to “this Agreement” are references to this Agreement.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Facility Agreement (Gulfmark Offshore Inc)

Incorporation of Terms. The provisions of Clause 35 Clauses 26.1 (NoticesNotice) and Clause 42 30 (Governing Law and Enforcement) of the Original Facility Agreement shall be deemed to be incorporated into this Agreement (with such conforming changes as the context requires) as if set out in full in this Agreement and as if references in those clauses to “this Agreement” are references to this Agreement.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Sunrise Senior Living Inc)

Incorporation of Terms. The provisions of Clause 35 30 (Notices) and Clause 42 38 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in those clauses to “this Agreement” are references to this Agreement.

Appears in 1 contract

Samples: Facility Agreement (Platinum Underwriters Holdings LTD)

Incorporation of Terms. The provisions of Clause 35 31 (Notices) and Clause 42 40 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in those clauses to “this Agreement” are references to this Agreement.

Appears in 1 contract

Samples: Facility Agreement (Aon Corp)

Incorporation of Terms. The provisions of Clause 35 29 (Notices) and Clause 42 40 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in those clauses to "this Agreement" are references to this Agreement.

Appears in 1 contract

Samples: Amendment Agreement (Synnex Corp)

Incorporation of Terms. The provisions of Clause 35 25 (Notices) and Clause 42 32 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in those clauses to "this Agreement" are references to this AgreementAgreement and as if references in those clauses to "Party" and "Lender" include the New Lender.

Appears in 1 contract

Samples: Novation and Amendment Agreement (Nbty Inc)

Incorporation of Terms. The provisions of Clause 35 29 (Notices) and Clause 42 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in those clauses to "this Agreement" are references to this Agreement.

Appears in 1 contract

Samples: Amendment and Transfer Agreement (Mobile Telesystems Ojsc)

Incorporation of Terms. The provisions of Clause 35 29 (Notices) and Clause 42 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in those clauses to “this Agreement”, “the Finance Documents” and “any Finance Document” are references to this Agreement.

Appears in 1 contract

Samples: Facility Agreement (Open Joint Stock Co Vimpel Communications)

Incorporation of Terms. The provisions of Clause 35 28 (Notices) and Clause 42 31 (EnforcementGoverning law and enforcement) of the Original Second Amended and Restated Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in those clauses to “this Agreement” are references to this Agreement.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Facility Agreement (Gulfmark Offshore Inc)

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Incorporation of Terms. The provisions of Clause 35 33 (Notices) Governing Law and Clause 42 (EnforcementJurisdiction) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in those clauses that clause to "this Agreement" are references to this Agreement.

Appears in 1 contract

Samples: Amendment Agreement (Ship Finance International LTD)

Incorporation of Terms. The provisions of Clause 35 (Notices) and Clause 42 40 (Enforcement) of the Original Facility Facilities Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in those clauses that clause to “this Agreement” are references to this Agreement.

Appears in 1 contract

Samples: Amendment Agreement (Steinhoff International Holdings N.V.)

Incorporation of Terms. The provisions of Clause 35 34 (Notices) and Clause 42 37 (EnforcementGoverning Law and Jurisdiction) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in those clauses to “this Agreement” are references to this AgreementAgreement and as if references in those clauses to “Lender” include the New Lenders.

Appears in 1 contract

Samples: Syndication and Amendment Agreement (Qiagen Nv)

Incorporation of Terms. The provisions of Clause 35 31 (Notices) and Clause 42 38 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in those clauses to “this Agreement” are references to this Agreement.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Misys PLC)

Incorporation of Terms. The provisions of Clause 35 36 (NoticesNotices and Delivery of Information) and Clause 42 44 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in those clauses to “this Agreement” are references to this Agreement.

Appears in 1 contract

Samples: Fleet Financing Facility Agreement (Avis Budget Group, Inc.)

Incorporation of Terms. The provisions of Clause 35 (29 {Notices) and Clause 42 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in those clauses that clause to “this Agreement” are references to this Agreement.

Appears in 1 contract

Samples: Amendment Agreement (Mechel OAO)

Incorporation of Terms. The provisions of Clause clause 35 (Notices) and Clause 42 clause 44 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in those clauses to “this Agreement” are references to this Agreement.

Appears in 1 contract

Samples: Facility Agreement (TDCX Inc.)

Incorporation of Terms. The provisions of Clause 35 31 (Notices) and Clause 42 38 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in those clauses to "this Agreement" are references to this AgreementAgreement and as if references in those clauses to "Party" and "Lender" include the New Lenders.

Appears in 1 contract

Samples: Multicurrency Revolving Facilities Agreement (Gallaher Group PLC)

Incorporation of Terms. The provisions of Clause 35 30 (Notices) and Clause 42 37 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in those clauses to "this Agreement" are references to this Agreement.

Appears in 1 contract

Samples: Facility Agreement (Solutia Inc)

Incorporation of Terms. The provisions of Clause 35 32 (Notices) and Clause 42 40 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in those clauses to "this Agreement" are references to this Agreement.. A19647833

Appears in 1 contract

Samples: Amendment Agreement

Incorporation of Terms. The provisions of Clause 35 32 (Notices) and Clause 42 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in those clauses to “this Agreement” are references apply correspondingly to this Agreement.

Appears in 1 contract

Samples: Facility Agreement (KNOT Offshore Partners LP)

Incorporation of Terms. The provisions of Clause 35 27 (Notices) and Clause 42 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in those clauses to “this Agreement” are references to this Agreement.

Appears in 1 contract

Samples: Facility Agreement (Mobile Telesystems Ojsc)

Incorporation of Terms. The provisions of Clause 35 31 (Notices) and Clause 42 39 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in those clauses to “this Agreement” are references to this Agreement.

Appears in 1 contract

Samples: Transfer and Amendment Agreement (Aon Corp)

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