Ratification; Conflict. Except as otherwise expressly set forth in this Amendment, all of the terms and conditions of the Employment Agreement shall remain in full force and effect. In the event of any conflict between the terms of this Amendment and the terms of the Employment Agreement, the terms of this Amendment shall control.
Ratification; Conflict. As amended hereby, all of the terms, covenants and conditions of the Loan Documents as heretofore in effect shall remain in full force and effect after the date hereof, are hereby ratified and confirmed in all respects, and are hereby incorporated herein by reference as though set forth fully herein. Should a conflict arise between the terms of any of the Loan Documents and this Agreement, this Agreement shall control.
Ratification; Conflict. Landlord and Tenant hereby ratify and confirm the terms of the Lease and agree that, except as herein amended, all terms and conditions of the Lease remain in full force and effect. In the event of a conflict between the terms of this Amendment and the terms of the Lease, the terms of this Amendment shall control.
Ratification; Conflict. Except as expressly set forth herein, the Agreement remains unmodified and in full force and effect. In the event of any conflict or inconsistency between the terms of this First Amendment and the terms of the Agreement, the terms of this First Amendment shall govern and control.
Ratification; Conflict. Except as otherwise expressly set forth in this Amendment, all of the terms and conditions of the EPSA and MOU shall remain in full force and effect. In the event of any conflict between the terms of this Amendment and the terms of the EPSA and MOU, the terms of this Amendment shall control.
Ratification; Conflict. In the event of any conflict between the terms of this Addendum and the terms of the Agreement, the terms of this Addendum shall govern and control.
Ratification; Conflict. To the extent of any conflict between any of the Loan Agreements or Amendments To Loan Agreements heretofore entered into and the terms of this Agreement and the schedule attached hereto as EXHIBIT “A”, the terms of this Agreement shall prevail; otherwise, such Agreements are ratified and incorporated herein by reference. Entered into as of the 27th day of December, 2002. XXXXXXXXX INVESTMENT MANAGEMENT, L.L.C., a Delaware Limited Liability Company By: /s/ XXXXXX X. XXXXXXXXX Xxxxxx X. Xxxxxxxxx President AVAILENT: AVAILENT FINANCIAL, INC., a Delaware Corporation By: /s/ XXXXXXX X. XXXXXXXX Xxxxxxx X. XxXxxxxx President EXHIBIT A AVAILENT FINANCIAL, INC. XXXXXXXXX DEBT TRANSACTION SUMMARY OF EFFECT OF REVERSE SPLIT ON STOCK & WARRANTS ORIGINAL $500K (2/02) SHARES $75K (10/02) SHARES $280K (11/02) SHARES NEW $500K SHARES SUMMARY AFTER RENEWALS: Stock 100,000 none 56,000 100,000 Warrants 100,000 (A) 30,100 (A) 360,000 (B) 100,000 (A)
Ratification; Conflict. Except as expressly terminated or amended by the provisions of this Agreement or any other documents executed in connection with this Agreement, and except for the Original Agreement (which is amended and restated in its entirety by this Agreement as relates to the Loans), all of the Loan Documents (as defined in the Original Agreement) relating to the Loans or the Collateral Pools secured by the Loans remain in full force and effect. If any provision of this Agreement is in conflict with any provision of any other Loan Document, the provision contained in this Agreement shall control and such conflicting provision or provisions of such other Loan Document shall be deemed to be amended hereby to the extent necessary to make such other provision consistent with this Agreement in all respects; provided, however, that the following provisions of the Security Instrument shall control in the event any of them conflicts with a provision of this Agreement: Section 4(e), 4(f), 4(g), 13, 17(a), 19(g) and 20(c).
Ratification; Conflict. Except as amended by this Agreement, each of the Parties hereto agree that the Merger Agreement shall remain in full force and effect. In the event of conflict between the Merger Agreement and this Agreement, the provisions of this Agreement shall prevail.
Ratification; Conflict. Except as expressly amended by the provisions of this Agreement or any other documents executed in connection with this Agreement, all of the Loan Documents and the Guaranty remain in full force and effect. If any provision of this Agreement is in conflict with any provision of any other Loan Document, the provision contained in this Master Agreement shall control and such conflicting provision or provisions of such other Loan Document shall be deemed to be amended hereby to the extent necessary to make such other provision consistent with this Agreement in all respects.
