Common use of Relationship between the Agreement and the Act Clause in Contracts

Relationship between the Agreement and the Act. Regardless of whether any provisions of this Agreement specifically refer to particular Default Rules (as defined below), (a) if any provision of this Agreement conflicts with a Default Rule, the provision of this Agreement controls and the Default Rule is modified or negated accordingly, and (b) if it is necessary to construe a Default Rule as modified or negated in order to effectuate any provision of this Agreement, the Default Rule is modified or negated accordingly. For purposes of this Article 18.10, “Default Rule” shall mean a rule stated in the Act that applies except to the extent it is negated or modified through the provisions of the Partnership’s certificate of limited partnership or this Agreement.

Appears in 19 contracts

Samples: Limited Partnership Agreement (United States Brent Oil Fund, LP), Limited Partnership Agreement (United States Gasoline Fund, LP), Limited Partnership Agreement (United States Diesel-Heating Oil Fund, LP)

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Relationship between the Agreement and the Act. Regardless of whether any provisions provision of this Agreement specifically refer refers to particular Default Rules (as defined below)Rules, (a) if any provision of this Agreement conflicts with a Default Rule, the provision of this Agreement controls and the Default Rule is modified or negated accordingly, and (b) if it is necessary to construe a Default Rule as modified or negated in order to effectuate any provision of this Agreement, the Default Rule is modified or negated accordingly. For purposes of this Article 18.10Section 24, "Default Rule" shall mean a rule stated in the Act that applies except to the extent it is negated or modified through the provisions of the Partnership’s a limited liability company's certificate of formation or limited partnership or this Agreementliability company agreement.

Appears in 6 contracts

Samples: Limited Liability Company Agreement (Keystone Automotive Operations Inc), Limited Liability Company Agreement (Keystone Automotive Operations Inc), Limited Liability Company Agreement (Keystone Automotive Operations Inc)

Relationship between the Agreement and the Act. Regardless of whether any provisions provision of this Agreement specifically refer refers to particular Default Rules (as defined below)Rules, (a) if any provision of this Agreement conflicts with a Default Rule, the provision of this Agreement controls and the Default Rule is modified or negated accordingly, and (b) if it is necessary to construe a Default Rule as modified or negated in order to effectuate any provision of this Agreement, the Default Rule is modified or negated accordingly. For purposes of this Article 18.10Section 25, “Default Rule” shall mean a rule stated in the Act that applies except to the extent it is negated or modified through the provisions of the Partnershipa limited liability company’s certificate Certificate of Formation or limited partnership or this Agreementliability company agreement.

Appears in 4 contracts

Samples: Operating Agreement (Pioneer Drilling Services, Ltd.), Limited Liability Company Agreement (Magnum Hunter Resources Corp), Limited Liability Company Agreement (Pioneer Fishing & Rental Services, LLC)

Relationship between the Agreement and the Act. Regardless of whether any provisions provision of this Agreement specifically refer refers to particular Default Rules (as defined below)Rules, (a) if any provision of this Agreement conflicts with a Default Rule, the provision of this Agreement controls and the Default Rule is modified or negated accordingly, and (b) if it is necessary to construe a Default Rule as modified or negated in order to effectuate any provision of this Agreement, the Default Rule is modified or negated accordingly. For purposes of this Article 18.10Section 24, “Default Rule” shall mean a rule stated in the Act that applies except to the extent it is negated or modified through the provisions of the Partnershipa limited liability company’s certificate of formation or limited partnership or this Agreementliability company agreement.

Appears in 4 contracts

Samples: Limited Liability Company Agreement (Keystone Automotive Operations Inc), Limited Liability Company Agreement (Senior Credit Investments, LLC), Limited Liability Company Agreement (Rousselot Dubuque Inc.)

Relationship between the Agreement and the Act. Regardless of whether any provisions of this Agreement specifically refer to particular Default Rules (as defined below), (a) if any provision of this Agreement conflicts with a Default Rule, the provision of this Agreement controls and the Default Rule is modified or negated accordingly, and (b) if it is necessary to construe a Default Rule as modified or negated in order to effectuate any provision of this Agreement, the Default Rule is modified or negated accordingly. For purposes of this Article Section 18.10, “Default Rule” shall mean a rule stated in the Act that applies except to the extent it is negated or modified through the provisions of the Partnership’s certificate of limited partnership or this Agreement.

Appears in 3 contracts

Samples: Limited Partnership Agreement (United States Natural Gas Fund, LP), Agreement of Limited Partnership (United States Natural Gas Fund, LP), Agreement of Limited Partnership (United States Natural Gas Fund, LP)

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Relationship between the Agreement and the Act. Regardless of whether any provisions of this Agreement specifically refer to particular Default Rules (as defined below)Rules, (a) if any provision of this Agreement conflicts with a Default Rule, the provision of this Agreement controls and the Default Rule is modified or negated accordingly, and (b) if it is necessary to construe a Default Rule as modified or negated in order to effectuate any provision of this Agreement, the Default Rule is modified or negated accordingly. For purposes of this Article 18.10, “Default Rule” shall mean a rule stated in the Act that applies except to the extent it is negated or modified through the provisions of the Partnership’s certificate of limited partnership or this Agreement.

Appears in 2 contracts

Samples: Limited Partnership Agreement (United States 12 Month Natural Gas Fund, LP), Limited Partnership Agreement (United States 12 Month Natural Gas Fund, LP)

Relationship between the Agreement and the Act. Regardless of whether any provisions of this Agreement specifically refer to particular Default Rules (as defined below)Rules, (a) if any provision of this Agreement conflicts with a Default Rule, the provision of this Agreement controls and the Default Rule is modified or negated accordingly, and (b) if it is necessary to construe a Default Rule as modified or negated in order to effectuate any provision of this Agreement, the Default Rule is modified or negated accordingly. For purposes of this Article 18.10, "Default Rule" shall mean a rule stated in the Act that applies except to the extent it is negated or modified through the provisions of the Partnership’s certificate of a limited partnership's Certificate or limited partnership or this Agreementagreement.

Appears in 2 contracts

Samples: Limited Partnership Agreement (United States Oil Fund, LP), Limited Partnership Agreement (United States Oil Fund, LP)

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