Agreement Controls Sample Clauses

Agreement Controls. In the event that any term of any of the Loan Documents other than this Agreement conflicts with any express term of this Agreement, the terms and provisions of this Agreement shall control to the extent of such conflict.

Agreement Controls. In the event a conflict exists between this Agreement and any term in any exhibit attached or incorporated into this Agreement, the terms in this Agreement shall supersede the terms in such exhibit.

Agreement Controls. Unless otherwise provided for in this Agreement, the COMPANY's policies, procedures and practices shall govern the relationship between EMPLOYEE and COMPANY. If, however, any of COMPANY's policies, procedures and/or practices conflict with this Agreement (together with any amendments hereto), this Agreement (and any amendments hereto) shall control.

Agreement Controls. The Plan is incorporated in this Agreement by reference. Capitalized terms not defined in this Agreement shall have those meanings provided in the Plan. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the provisions of the Agreement shall control.

Agreement Controls. In the event that any term of any of the Loan Documents other than this Agreement conflicts with any term of this Agreement, the terms and provisions of this Agreement shall control.

Agreement Controls. The Plan is hereby incorporated in this Agreement by reference. Capitalized terms not defined in this Agreement shall have those meanings provided in the Plan. In the event of any conflict between the terms of this Agreement and the terms of the Plan, the provisions of the Agreement shall control. The number of Restricted Stock Units that will vest is equal to the number resulting from the formula set forth immediately below, but not in excess of 600% of the target number of Restricted Stock Units (“the Maximum RSU Amount”), subject to any exercise of negative discretion of the Committee. 1. The number of Restricted Stock Units that will vest under this Attachment 1 and this Agreement, as determined by the Committee, is equal to: [(Overall Award Percentage x Target Value)/Market Price] x the Adjustment Factor rounded up to the nearest whole number (but not in excess of the Maximum RSU Amount) where: Overall Award Percentage will be the sum of (i) the BVA Average Award Percentage multiplied by the BVA Factor, and (ii) the EPS Average Award Percentage multiplied by the EPS Factor. BVA Average Award Percentage will be equal to (x) the sum of the BVA Award Percentage for each Fiscal Year during the Performance Period divided by (y) three. EPS Average Award Percentage will be equal to (x) the sum of the EPS Award Percentage for each Fiscal Year during the Performance Period divided by (y) three. (a) BVA Award Percentage for each Fiscal Year during the Performance Period will be calculated as follows: If the BVA for the applicable Fiscal Year is < Threshold BVA, BVA Award Percentage = 0% If the BVA for the applicable Fiscal Year is ≥ Threshold BVA and < Target BVA, BVA Award Percentage = ([[ ] x 0.5 ] + 0.5 ) x100 If the BVA for the applicable Fiscal Year is ≥ Target BVA and < Goal BVA, BVA Award Percentage = ([[ ] x 0.5 ] + 1.0 ) x100 If the BVA for the applicable Fiscal Year is ≥ Goal BVA and < Stretch BVA, BVA Award Percentage = ([[ ] x 0.5 ] + 1.5 ) x100 If the BVA for the applicable Fiscal Year is ≥ Stretch BVA, BVA Award Percentage = Award Cap (b) EPS Award Percentage for each Fiscal Year during the Performance Period will be calculated as follows: If the EPS for the applicable Fiscal Year is < Threshold EPS, EPS Award Percentage = 0% If the EPS for the applicable Fiscal Year is ≥ Threshold EPS and < Target EPS, EPS Award Percentage = ([[ ] x 0.5 ] + 0.5 ) x100 If the EPS for the applicable Fiscal Year is ≥ Target EPS and < Goal EPS, EPS Award Percentage =...

Agreement Controls. 80 11.13. Usury Savings Clause.................................................. 80 11.14. Payments.............................................................. 81 11.15. Governing Law; Waiver of Jury Trial................................... 81 EXHIBIT A Applicable Commitment Percentages............................ A-1 EXHIBIT B Form of Assignment and Acceptance............................ B-1 EXHIBIT C Notice of Appointment (or Revocation) of Authorized Representative............................................... C-1 EXHIBIT D Form of Borrowing Notice..................................... D-1 EXHIBIT E Form of Interest Rate Selection Notice....................... E-1 EXHIBIT F Form of 364 Day Note......................................... F-1 EXHIBIT G Form of Opinion of Borrower's Counsel........................ G-1 EXHIBIT H Compliance Certificate....................................... H-1 EXHIBIT I Form of Facility Guaranty.................................... I-1 Schedule 3.4 Information Regarding Collateral............................. S-1 Schedule 6.4 Subsidiaries and Investments in Other Persons................ S-2 Schedule 6.6 Indebtedness................................................. S-3 Schedule 6.7 Liens........................................................ S-4 Schedule 6.8 Tax Matters.................................................. S-5 Schedule 6.10 Litigation................................................... S-6 Schedule 6.18 Environmental................................................ S-7 Schedule 7.5 Insurance.................................................... S-8 364 DAY CREDIT AGREEMENT THIS 364 DAY CREDIT AGREEMENT, dated as of October 20, 1999 (the "Agreement"), is made by and among AMERISTEEL CORPORATION, a Florida corporation having its principal place of business in Tampa, Florida (the "Borrower"), BANK OF AMERICA, N.A., a national banking association organized and existing under the laws of the United States, in its capacity as a Lender ("Bank of America"), and each other financial institution executing and delivering a signature page hereto and each other financial institution which may hereafter execute and deliver an instrument of assignment with respect to this Agreement pursuant to Section 11.1 (hereinafter such financial institutions may be referred to ------------ individually as a "Lender" or collectively as the "Lenders"), and BANK OF AMERICA, as administrative agent for the Lenders (in such capacity, and together ...

Agreement Controls. 83 11.13. Usury Savings Clause............................................83 11.14. Payments........................................................84 11.15. GOVERNING LAW; WAIVER OF JURY TRIAL.............................84 EXHIBIT A Applicable Commitment Percentages..............................A-1 EXHIBIT B Form of Assignment and Acceptance..............................B-1 EXHIBIT C Notice of Appointment (or Revocation) of Authorized Representative...................................C-1 EXHIBIT D Form of Borrowing Notice.......................................D-1 EXHIBIT E Form of Interest Rate Selection Notice.........................E-1 EXHIBIT F-1 Form of Revolving Note.......................................F-1-1 EXHIBIT F-2 Form of Term Note............................................F-2-1 EXHIBIT G Form of Opinion of Borrower's Counsel..........................G-1 EXHIBIT H Compliance Certificate.........................................H-1 EXHIBIT I Form of Facility Guaranty......................................I-1 EXHIBIT J Form of Security Agreement.....................................J-1 EXHIBIT K Form of Intellectual Prop......................................K-1 Schedule 3.5 Information Regarding Collateral........................S-1 Schedule 6.4 Subsidiaries and Investments in Other Persons...........S-2 Schedule 6.7 Liens...................................................S-3 Schedule 6.8 Tax Matters ............................................S-4 Schedule 6.10 Litigation..............................................S-5 Schedule 6.18 Environmental...........................................S-6 Schedule 7.5 Insurance...............................................S-7 Schedule 8.5(e) Purchase Money Indebtedness.............................S-8 Schedule 8.5(f) Hansens Notes...........................................S-9 CREDIT AGREEMENT THIS CREDIT AGREEMENT, dated as of January 29, 1999 (the "Agreement"), is made by and among SARATOGA BEVERAGE GROUP, INC., a Delaware corporation having its principal place of business in Saratoga Springs, New York (the "Borrower"), NATIONSBANK, NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States, in its capacity as a Lender ("NationsBank"), and each other financial institution executing and delivering a signature page hereto and each other financial institution which may hereafter execute and deliver an instrument of assignment with respect to this Agreement p...

Agreement Controls. To the extent of any conflict between this Agreement and any document, manual or policy referenced in this Agreement, this Agreement shall govern.