No Superior Terms Sample Clauses

No Superior Terms. The Newpark Parties hereby represent and warrant that the above pricing terms, taken as a whole, are at least as favorable to the Tuboscope Parties as the pricing terms for Waste Services currently in effect with respect to, and being offered by the Newpark Parties or their Subsidiaries to, any other customer or prospective customer of the Newpark Parties or their Subsidiaries in the Gulf Coast Market. Moreover, the Newpark Parties shall not during the term of this Agreement offer Waste Services in the Gulf Coast Market to any other party on terms superior (from the standpoint of the other party) to the terms set forth above without also concurrently offering such terms to the Tuboscope Parties. If the Newpark Parties offer such superior terms to the Tuboscope Parties and the Tuboscope Parties accept such terms, the Newpark Parties and the Tuboscope Parties shall enter into an amendment to this Agreement to reflect such superior terms.
Sample 1
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No Superior Terms. The Tuboscope Parties hereby represent and warrant that the above pricing terms, taken as a whole, are at least as favorable to the Newpark Parties as the pricing terms for Solids Control Services currently in effect with respect to, and being offered by the Tuboscope Parties or their Subsidiaries to, any other customer or prospective customer of the Tuboscope Parties or their Subsidiaries in the United States Market, except for those offered by Tuboscope's subsidiary, Advanced Wire Cloth, Inc., with respect to replacement screens for shakers. Moreover, the Tuboscope Parties shall not during the term of this Agreement offer Solids Control Services in the United States Market to any other party on terms superior (from the standpoint of the other party) to the terms set forth above without also concurrently offering such terms to the Newpark Parties. If the Tuboscope Parties offer such superior terms to the Newpark Parties and the Newpark Parties accept such terms, the Newpark Parties and the Tuboscope Parties shall enter into an amendment to this Agreement to reflect such superior terms.
Sample 1

Related to No Superior Terms

  • Contract Terms Within thirty (30) days after Buyer exercises an option to purchase Option Aircraft pursuant to paragraph 4 above, Boeing and Buyer will use their best reasonable efforts to enter into a supplemental agreement amending the Agreement to add the applicable Option Aircraft to the Agreement as a firm Aircraft (the Option Aircraft Supplemental Agreement). If the parties have not entered into such an Option Aircraft Supplemental Agreement within the time period contemplated herein, either party shall have the right, exercisable by written or telegraphic notice given to the other within ten (10) days after such period, to cancel the purchase of such Option Aircraft.

  • UCC Terms Terms defined in the UCC in effect on the Closing Date and not otherwise defined herein shall, unless the context otherwise indicates, have the meanings provided by those definitions. Subject to the foregoing, the term “UCC” refers, as of any date of determination, to the UCC then in effect.

  • BASIC TERMS This Article One contains the Basic Terms of this Lease between the Landlord and Tenant named below. Other Articles, Sections and Paragraphs of the Lease referred to in this Article One explain and define the Basic Terms and are to be read in conjunction with the Basic Terms.

  • Miscellaneous Terms and Conditions (a) Each party understands and agrees that Executive or it assumes all risk that the facts or law may be, or become, different than the facts or law as believed by the party at the time Executive or it executes this Agreement. Executive and the Company acknowledge that their relationship precludes any affirmative obligation of disclosure, and expressly disclaim all reliance upon information supplied or concealed by the adverse party or its counsel in connection with the negotiation and/or execution of this Agreement.

  • Effective Date, Term and Approval This Agreement shall become effective with respect to a Fund, if approved by the shareholders of such Fund, on the Effective Date for such Fund, as set forth in Appendix A attached hereto. If so approved, this Agreement shall thereafter continue in force and effect until June 30, 2001, and may be continued from year to year thereafter, provided that the continuation of the Agreement is specifically approved at least annually:

  • Amended Terms On and after the Amendment Effective Date, all references to the Credit Agreement in each of the Loan Documents shall hereafter mean the Credit Agreement as amended by this Amendment. Except as specifically amended hereby or otherwise agreed, the Credit Agreement is hereby ratified and confirmed and shall remain in full force and effect according to its terms.

  • Agreement Terms Agreement Terms" shall mean and include the following:

  • Additional Terms applicable to the Transaction Adjustments applicable to the Transaction: Potential Adjustment Events: Notwithstanding Section 11.2(e) of the Equity Definitions, a “Potential Adjustment Event” means an occurrence of any event or condition, as set forth in any Dilution Adjustment Provision, that would result in an adjustment under the Indenture to the “Conversion Rate” or the composition of a “unit of Reference Property” or to any “Last Reported Sale Price,” “Daily VWAP,” “Daily Conversion Value” or “Daily Settlement Amount” (each as defined in the Indenture). For the avoidance of doubt, Dealer shall not have any delivery or payment obligation hereunder, and no adjustment shall be made to the terms of the Transaction, on account of (x) any distribution of cash, property or securities by Counterparty to holders of the Convertible Notes (upon conversion or otherwise) or (y) any other transaction in which holders of the Convertible Notes are entitled to participate, in each case, in lieu of an adjustment under the Indenture of the type referred to in the immediately preceding sentence (including, without limitation, pursuant to the fourth sentence of Section 14.04(c) of the Indenture or the fourth sentence of Section 14.04(d) of the Indenture). Method of Adjustment: Calculation Agent Adjustment, which means that, notwithstanding Section 11.2(c) of the Equity Definitions, upon any Potential Adjustment Event, the Calculation Agent, acting in good faith and in a commercially reasonable manner, shall make a corresponding adjustment to any one or more of the Strike Price, Number of Options, Option Entitlement and any other variable relevant to the exercise, settlement or payment for the Transaction. Notwithstanding the foregoing and “Consequences of Merger Events / Tender Offers” below:

  • Certain Common Terms The term “documents” includes any and all instruments, documents, agreements, certificates, indentures, notices and other writings, however evidenced. The term “including” is not limiting and means “including without limitation.”

  • Same Terms All terms used herein which are defined in the Credit Agreement shall have the same meanings when used herein, unless the context hereof otherwise requires or provides. In addition, (i) all references in the Loan Documents to the “Agreement” shall mean the Credit Agreement, as amended by this Amendment, and (ii) all references in the Loan Documents to the “Loan Documents” shall mean the Loan Documents, as amended by this Amendment, as the same shall hereafter be amended from time to time.

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