Continuing Enforceability; Conflict Between Documents. Except as otherwise modified by this Agreement, the Original Note and each of the other Transaction Documents shall remain in full force and effect, enforceable in accordance with all of its original terms and provisions. This Agreement shall not be effective or binding unless and until it is fully executed and delivered by Lender and Borrower. If there is any conflict between the terms of this Agreement, on the one hand, and the Original Note or any other Transaction Document, on the other hand, the terms of this Agreement shall prevail.
Continuing Enforceability; Conflict Between Documents. Except as otherwise modified by this Agreement, the Original Note, the Partitioned Note and each of the other Transaction Documents shall remain in full force and effect, enforceable in accordance with all of its original terms and provisions. This Agreement shall not be effective or binding unless and until it is fully executed and delivered by Lender and Borrower. If there is any conflict between the terms of this Agreement and the Partitioned Note, on the one hand, and the Original Note or any other Transaction Document, on the other hand, the terms of this Agreement and the Partitioned Noted shall prevail.
Continuing Enforceability; Conflict Between Documents. Except as otherwise modified by this Agreement, the Exchange Note and each of the other Exchange Documents shall remain in full force and effect, enforceable in accordance with all of its original terms and provisions. This Agreement shall not be effective or binding unless and until it is fully executed and delivered by Lender and Borrower. If there is any conflict between the terms of this Agreement, on the one hand, and the Exchange Note or any other Transaction Document, on the other hand, the terms of this Agreement shall prevail.
Continuing Enforceability; Conflict Between Documents. Except as otherwise modified by this Agreement, the Note and the other Loan Documents shall remain in full force and effect, enforceable in accordance with all of their original terms and provisions. This Agreement shall not be effective or binding unless and until it is fully executed and delivered by Lender and Borrower. If there is any conflict between the terms of this Agreement, the Note and the other Loan Documents, the terms of this Agreement shall prevail.
Continuing Enforceability; Conflict Between Documents. Except as otherwise modified by this Agreement, the Royalty Interest and each of the other Transaction Documents shall remain in full force and effect, enforceable in accordance with all of its original terms and provisions. This Agreement shall not be effective or binding unless and until it is fully executed and delivered by Investor and Borrower. If there is any conflict between the terms of this Agreement, on the one hand, and the Royalty Interest or any other Transaction Document, on the other hand, the terms of this Agreement shall prevail.
Continuing Enforceability; Conflict Between Documents. Except as otherwise modified by this Agreement, the Note and the Deed Poll shall remain in full force and effect, enforceable in accordance with all of its original terms and provisions. This Agreement shall not be effective or binding unless and until it is fully executed and delivered by the Noteholder and the Comapny. If there is any conflict between the terms of this Agreement, on the one hand, and the Note or the Deed Poll, on the other hand, the terms of this Agreement shall prevail.
Continuing Enforceability; Conflict Between Documents. Except as otherwise modified by this Agreement, the Debenture and the other Loan Documents shall remain in full force and effect, enforceable in accordance with all of their original terms and provisions. That certain Personal Guarantee executed on June 18, 2009 by J. Xxxxxxx Xxxxx as a personal guarantor remains in full force and effect and this Agreement in no way modifies the terms or enforceability of that Personal Guarantee; provided, however, that upon Borrower delivering to Lender cash payments equal to or in excess of the Forbearance Amount plus any additional legal fees incurred in enforcing or collecting under this Agreement, the Personal Guarantee will no longer be subject to enforcement by the Lender notwithstanding the existence or occurrence of any Event of Default or breach of this Agreement. This Agreement shall not be effective or binding unless and until it is fully executed and delivered by Lender and Borrower. If there is any conflict between the terms of this Agreement, the Debenture and the other Loan Documents, the terms of this Agreement shall prevail.
