Common use of Prior Negotiations; Entire Agreement Clause in Contracts

Prior Negotiations; Entire Agreement. This Agreement, including the exhibits and schedules hereto, constitutes the entire agreement of the Parties, and supersedes all other prior negotiations, with respect to the subject matter hereof, except that the Parties acknowledge that the Supporting Noteholder RSA shall continue in full force and effect, except to the extent modified hereby.

Appears in 2 contracts

Samples: Plan Support Agreement, Plan Support Agreement (Nuverra Environmental Solutions, Inc.)

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Prior Negotiations; Entire Agreement. (a) This Agreement, Agreement (including the exhibits exhibits, the schedules, and schedules hereto, the other documents and instruments referred to herein and in the RSA) constitutes the entire agreement of the Parties, Parties and supersedes all other prior negotiationsagreements, arrangements or understandings, whether written or oral, among the Parties with respect to the subject matter hereofof this Agreement, except that the Parties hereto acknowledge that any confidentiality agreements heretofore executed between or among the Supporting Noteholder Parties and the RSA shall will each continue in full force and effect, except to the extent modified hereby.

Appears in 2 contracts

Samples: Backstop Commitment Agreement (Enviva Inc.), Backstop Commitment Agreement (Revlon Consumer Products Corp)

Prior Negotiations; Entire Agreement. (a) This Agreement, Agreement (including the exhibits exhibits, the schedules, and schedules hereto, the other documents and instruments referred to herein and in the RSA) constitutes the entire agreement of the Parties, Parties and supersedes all other prior negotiationsagreements, arrangements or understandings, whether written or oral, among the Parties with respect to the subject matter hereofof this Agreement, except that the Parties hereto acknowledge that any confidentiality agreements heretofore executed between or among the Supporting Noteholder Parties and the RSA shall (including the Restructuring Term Sheet) will each continue in full force and effect, except to the extent modified hereby.

Appears in 2 contracts

Samples: Backstop Commitment Agreement (Revlon Consumer Products Corp), Backstop Commitment Agreement (Invacare Corp)

Prior Negotiations; Entire Agreement. (a) This Agreement, Agreement (including the exhibits exhibits, the schedules, and schedules hereto, the other documents and instruments referred to herein and in the RSA) constitutes the entire agreement of the Parties, Parties and supersedes all other prior negotiationsagreements, arrangements or understandings, whether written or oral, among the Parties with respect to the subject matter hereofof this Agreement (including but not limited to the Initial Backstop Agreement), except that the Parties hereto acknowledge that any confidentiality agreements heretofore executed between or among the Supporting Noteholder Parties and the RSA shall (including the Restructuring Term Sheet) will each continue in full force and effect, except to the extent modified hereby.

Appears in 1 contract

Samples: Backstop Commitment Agreement (Invacare Corp)

Prior Negotiations; Entire Agreement. (a) This Agreement, Agreement (including the exhibits agreements attached as Exhibits to and schedules hereto, the documents and instruments referred to in this Agreement) constitutes the entire agreement of the Parties, Parties and supersedes all other prior negotiationsagreements, arrangements or understandings, whether written or oral, among the Parties with respect to the subject matter hereofof this Agreement, except that the Parties hereto acknowledge that any confidentiality agreements heretofore executed among the Supporting Noteholder Parties and the RSA shall (including the Term Sheet) will each continue in full force and effect, except to the extent modified hereby.

Appears in 1 contract

Samples: Backstop Commitment Agreement (Momentive Performance Materials Inc.)

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Prior Negotiations; Entire Agreement. (a) This Agreement, Agreement (including the exhibits Exhibits, the Schedules and schedules hereto, the other documents and instruments referred to in this Agreement) constitutes the entire agreement of among the Parties, Parties and supersedes all other prior negotiationsagreements, arrangements or understandings, oral or written, among the Parties with respect to the subject matter hereofof this Agreement (including the Original Agreement), except that the Parties acknowledge that the Supporting Noteholder RSA shall continue continues in full force and effect, except to the extent modified hereby.

Appears in 1 contract

Samples: Backstop Commitment Agreement (Breitburn Energy Partners LP)

Prior Negotiations; Entire Agreement. (a) This Agreement, Agreement (including the exhibits exhibits, the schedules, and schedules hereto, the other documents and instruments referred to herein and in the RSA) constitutes the entire agreement of the Parties, Parties and supersedes all other prior negotiationsagreements, arrangements or understandings, whether written or oral, among the Parties with 58 respect to the subject matter hereofof this Agreement, except that the Parties hereto acknowledge that any confidentiality agreements heretofore executed between or among the Supporting Noteholder Parties and the RSA shall will each continue in full force and effect, except to the extent modified hereby.

Appears in 1 contract

Samples: Backstop Commitment Agreement (Party City Holdco Inc.)

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