Common use of Priority of Terms Clause in Contracts

Priority of Terms. To the extent of any conflict between or among (a) the express terms or provisions of any of the DIP Loan Documents, the Motion, any other order of this Court, or any other agreements, on the one hand, and (b) the terms and provisions of this Interim Order, on the other hand, unless such term or provision herein is phrased in terms of “defined in” or “as set forth in” the DIP Credit Agreement, the terms and provisions of this Interim Order shall govern.

Appears in 3 contracts

Samples: Convertible Notes Commitment Agreement (Accuride Corp), Restructuring Support Agreement (Accuride Corp), Restructuring Support Agreement (Accuride Corp)

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Priority of Terms. To the extent of any conflict between or among (a) the express terms or provisions of any of the DIP Loan Documents, the Motion, any other order of this Court, or any other agreements, on the one hand, and (b) the terms and provisions of this Interim Order, on the other hand, unless such term or provision herein is phrased in terms of “as defined in” or “as set forth more fully described in” the DIP Credit AgreementLoan Agreement or the DIP Loan Documents, the terms and provisions of this Interim Order shall govern.

Appears in 2 contracts

Samples: Credit and Security Agreement (Pope & Talbot Inc /De/), Possession Credit Agreement (Cygnus Oil & Gas Corp)

Priority of Terms. To the extent of any conflict between or among (a) the express terms or provisions of any of the DIP Loan Documents, the Motion, any other order of this Court, or any other agreements, on the one hand, and (b) the terms and provisions of this Interim Final DIP Order, on the other hand, unless such term or provision herein is phrased in terms of “defined in” or “as set forth in” the DIP Credit Agreement, the terms and provisions of this Interim Final DIP Order shall govern.

Appears in 1 contract

Samples: Investment Agreement

Priority of Terms. To the extent of any conflict between or among (a) the express terms or provisions of any of the DIP Loan Documents, the Motion, any other order of this Court, or any other agreements, on the one hand, and (b) the terms and provisions of this Interim Order, on the other hand, unless such term or provision herein is phrased in terms of “as defined in” or “as set forth more fully described in” the DIP Credit AgreementDocuments or words of similar import, the terms and provisions of this Interim Order shall govern.

Appears in 1 contract

Samples: Credit Agreement (Revel AC, Inc.)

Priority of Terms. To the extent of any conflict between or among (a) the express terms or provisions of any of the DIP Loan DocumentsDocuments (other than the Final DIP Order), the Motion, any other order of this Court, or any other agreements, on the one hand, and (b) the terms and provisions of this Interim DIP Order, on the other hand, unless such term or provision herein is phrased in terms of “defined in” or “as set forth in” the DIP Credit Agreement, the terms and provisions of this Interim DIP Order shall govern.

Appears in 1 contract

Samples: License Agreement (Endologix Inc /De/)

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Priority of Terms. To the extent of any conflict between or among (ai) the express terms or provisions of any of the DIP Loan Intercompany Finance Documents, the Motion, any other order of this Court, or any other agreements, on the one hand, and (b) the terms and provisions of this Interim Order, on the other hand, unless such term or provision herein is phrased in terms of “as defined in” or “as set forth in” the DIP Intercompany Credit Agreement, the terms and provisions of this Interim Order shall govern.

Appears in 1 contract

Samples: Credit Agreement (Gulfmark Offshore Inc)

Priority of Terms. To the extent of any conflict between or among (a) the express terms or provisions of any of the DIP Loan Documents, the Motion, the Requested Relief, any other order of this Court, Court or any other agreements, on the one hand, and (b) the terms and provisions of this Interim Order, on the other hand, unless such term or provision herein is phrased in terms of “as defined in” or “as set forth in” or “as more fully described in” the DIP Credit AgreementLoan Documents (or words of similar import), the terms and provisions of this Interim Order shall govern.

Appears in 1 contract

Samples: Restructuring Support Agreement (Hospitality Investors Trust, Inc.)

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