TREATMENT OF EXISTING AGREEMENT Sample Clauses

TREATMENT OF EXISTING AGREEMENT. 10.3.1. When fully executed and binding on all Parties hereto, (a) this Agreement shall supercede and replace (i) that certain Interactive Marketing Agreement, dated as of September 1, 1997, by and between AOL and American Greetings Corporation (the "Prior Agreement"), and (ii) that certain Advertising Insertion Order Agreement, dated as of May 4, 1999, by and between AOL and American Greetings Corporation (the "Prior Insertion Order"); and (b) the Prior Agreement and the Prior Insertion Order shall immediately terminate (provided that any accrued but unpaid payment obligations thereunder (including without limitation the unrecognized portions of any subscription revenues, but calculated in accordance with this Section 10.3) as of the date of termination shall remain due and payable, and all payments made by American Greetings Corporation thereunder shall not be refunded by AOL, but the Credit Balance shall be applied hereto to the extent provided in Section 4.1.1 hereof). 10.3.2. AG and AOL agree that they each, themselves and on behalf of all their Affiliates, forever waive any claim for breach of the Prior Agreement directly resulting from any of the following activities to the extent occurring prior to the Effective Date hereof: i. [ ii. [ ] 25 [ 10.3.3. Notwithstanding Section 14.6 of the Prior Agreement, Section 5.3(d) of the Prior Agreement is superseded by Section 1.1.6.1 hereof. 10.3.4. Notwithstanding Section 14.6 of the Prior Agreement, Sections 4.8, 9.1, 10.1 through 10.4 and 14.5 of the Prior Agreement, respectively, are hereby amended with respect to actions or events under the Prior Agreement and superseded by the corresponding applicable provision of this Agreement (e.g., Section 4.8, Section 8 of Exhibit G, Sections 11 through 13 of Exhibit G and Section 20 of Exhibit G of this Agreement, respectively).
Sample 1

Related to TREATMENT OF EXISTING AGREEMENT

  • Ratification of Existing Agreements All existing Dual Enrollment agreements between the TRUSTEES and the Private School are hereby modified to conform to the terms of this agreement and the appendices of this document.

  • Termination of Existing Agreement The Existing Agreement is hereby terminated and replaced and superseded by this Agreement, effective August 1, 2001. All payments, of Base Salary or otherwise, made by the Company under the Existing Agreement with respect to any period commencing on or after August 1, 2001 shall be credited against the corresponding payment obligations of the Company under this Agreement.

  • Termination of Existing Agreements Any previous employment agreement between Executive on the one hand and Employer or any of Employer’s Affiliates (as hereinafter defined) on the other hand is hereby terminated.

  • Amendment of Existing Warrant Agreement The Company and the Warrant Agent hereby amend the Existing Warrant Agreement as provided in this Section 2, effective as of the Merger Effective Time, and acknowledge and agree that the amendments to the Existing Warrant Agreement set forth in this Section 2 are necessary or desirable and that such amendments do not adversely affect the interests of the registered holders:

  • Amendment and Restatement of Existing Credit Agreement Upon the execution and delivery of this Agreement, the Existing Credit Agreement shall be amended and restated to read in its entirety as set forth herein. With effect from and including the Effective Date, (i) the Commitments of each Lender party hereto shall be as set forth on Appendix A (and (a) to the extent that such Lender constitutes a lender under the Existing Credit Agreement (a “Consenting Lender”), such Consenting Lender’s commitment thereunder shall be terminated and replaced with its respective Commitment hereunder and (b) any lender under the Existing Credit Agreement that is not listed on Appendix A shall cease to be a Lender hereunder and its commitment thereunder shall be terminated; provided that, for the avoidance of doubt, such lender under the Existing Credit Agreement shall continue to be entitled to the benefits of Section 9.03 of the Existing Credit Agreement), (ii) all accrued and unpaid interest and fees and other amounts owing under the Existing Credit Agreement shall have been paid by the Borrower under the Existing Credit Agreement, whether or not such interest, fees or other amounts would otherwise be due and payable at such time pursuant to the Existing Credit Agreement, (iii) the Commitment Ratio of the Consenting Lenders shall be redetermined based on the Commitments set forth in the Appendix A and the participations of the Consenting Lenders in, and the obligations of the Consenting Lenders in respect of, any Letters of Credit or Swingline Loans outstanding on the Effective Date shall be reallocated to reflect such redetermined Commitment Ratio and (iv) each JLA Issuing Bank shall have the Fronting Sublimit set forth in Appendix B.

  • No Violation of Existing Agreements Neither the Borrower nor any ----------------------------------- Subsidiary of the Borrower is in violation of any material agreement or instrument to which it is party or by which it or any of its properties (now owned or hereafter acquired) may be subject or bound;

  • One Agreement This Agreement and any related security or other agreements required by this Agreement, collectively: (a) represent the sum of the understandings and agreements between the Bank and the Borrower concerning this credit; (b) replace any prior oral or written agreements between the Bank and the Borrower concerning this credit; and (c) are intended by the Bank and the Borrower as the final, complete and exclusive statement of the terms agreed to by them. In the event of any conflict between this Agreement and any other agreements required by this Agreement, this Agreement will prevail.

  • Termination of Existing Credit Agreement Receipt by the Administrative Agent of evidence that the Existing Credit Agreement concurrently with the Closing Date is being terminated and all Liens securing obligations under the Existing Credit Agreement concurrently with the Closing Date are being released.

  • Certain Agreements Without the prior written consent of the Administrator and the Majority Purchaser Agents, the Seller will not amend, modify, waive, revoke or terminate any Transaction Document to which it is a party or any provision of the Seller’s organizational documents which requires the consent of the “Independent Manager”.

  • Termination of License Agreement This Agreement shall automatically terminate upon the termination of the Novated and Restated Technology License Agreement.