Agreement to Govern. In case of any conflict between the terms of this Agreement and any of the other Loan Documents, the terms of this Agreement shall govern.
Agreement to Govern. If there is any inconsistency between any provision of this Agreement and any other agreement, the provisions of this Agreement shall prevail to the extent of such inconsistency but not otherwise.
Agreement to Govern. If there is any inconsistency between the main body of this Agreement and any Schedule to this Agreement, then the provision in the main body of this Agreement shall govern.
Agreement to Govern. The Parties named in this Agreement are bound by the terms set forth herein, the applicable terms contained in the Company’s Retail Electric Tariff, as it may change from time to time, and the terms otherwise incorporated herein by reference. This Agreement shall govern the business relationship between the Parties hereto by which the Supplier shall provide electric supply services to its Customers via the Company’s Delivery System. Federal Energy Regulatory Commission (“FERC”) Jurisdiction. The inclusion of FERC-jurisdictional matters within the scope of this Agreement is intended solely for informational purposes and is not intended to accord any jurisdictional authority over such matters to the Commission. If anything stated herein is found by the FERC to conflict with or to be inconsistent with any provision of the Federal Power Act (“FPA”), or any rule, regulation, order or determination of the FERC under the FPA, the applicable FERC rule, regulation, order or determination of the FPA shall control. To the extent required under any provision of the FPA, or any rule, regulation, order or determination of the FERC under the FPA, the Company shall secure, from time to time, all appropriate orders, approvals and determinations from the FERC necessary to support this Agreement. Supplier Obligations. The Supplier will be required to: (i) satisfy the creditworthiness standards of the Company and/or the Commission; (ii) obtain a certificate from the Commission and any other appropriate Delaware State agencies for participation in the Delaware retail electric supply market; (iii) execute all appropriate PJM applications and agreements; and (iv) demonstrate, prior to Customer assignment, that it has the technical competence (e.g., communication capabilities) necessary to comply with Electronic Data Interchange (“EDI”) standards for the exchange of information, which are initially set in consultation with various potential Suppliers, and may from time to time be modified, by the Commission. The foregoing requirements represent conditions precedent to the Company’s obligations hereunder. Parties’ Obligations. The Company shall provide such Supplier Services as necessary for the delivery of the Supplier’s energy and capacity to serve Customer load located within the Company's Service Territory. The Company and the Supplier will cooperate in order to ensure delivery of Competitive Electric Supply to Customers as provided for by the Applicable Legal Authorities. The...
Agreement to Govern. The Parties named in this Agreement are bound by the terms set forth herein and otherwise incorporated herein by reference. This Agreement shall govern the business relationship between the Parties hereto by which the Supplier shall provide Competitive Energy Supply to its retail customers via the Company’s System. Moreover, if Supplier elects to either perform Consolidated Billing, or to receive Consolidated Billing service from Company, Supplier must contemporaneously execute a Billing Services Agreement with Company, which agreement shall also govern the relationship between the Parties hereto.
Agreement to Govern. The Parties named in this Agreement are bound by the terms set forth herein and otherwise incorporated herein by reference. This Agreement shall govern the business relationship between the Parties hereto with respect to the provision of Customer Account Services as defined herein.
Agreement to Govern. If there is any inconsistency between this Agreement and any Schedule to this Agreement, this Agreement shall govern
Agreement to Govern. 82 10.26. Entire Agreement ..............................................82 10.27. Several Obligations ...........................................82 10.28. Original Loan Agreement .......................................83 SCHEDULES TO EQUIPMENT LOAN AND SECURITY AGREEMENT Schedule 1. Borrower Information and Defined Terms Schedule 2.01 Maximum Loan Amount Schedule 2.02 Payment Terms and Governing Law Schedule 2.09 Fees Schedule 4.04 Required Consents Schedule 4.05 Regulatory Authorizations Schedule 4.07 Restrictions on Loans Schedule 4.08 Financial Statements Schedule 4.12 Pending Litigation Schedule 4.25 UCC Filing Offices Schedule 4.26 Principal Offices and Location of Collateral Schedule 4.29 Assumed Names Schedule 4.31 NTI Purchase Agreement Schedule 6.02 Post-Closing Items Schedule 7.07 Insurance Schedule 7.15 Financial Covenants Schedule 8.01 Permitted Specific Indebtedness Schedule 8.02 Permitted Specific Encumbrances Schedule 8.06 Permitted Equity Payments EXHIBITS TO EQUIPMENT LOAN AND SECURITY AGREEMENT Exhibit A Form of Note Exhibit B Form of Borrowing Certificate Exhibit C Form of Opinion of Counsel for Borrower Exhibit D [INTENTIONALLY OMITTED] Exhibit E Form of Landlord's Consent Exhibit F Certificate of Financial Condition Exhibit G Form of Guaranty Exhibit H Form of Senior Indenture Exhibit I Form of Senior Discount Notes Indenture THIRD AMENDED AND RESTATED EQUIPMENT LOAN AND SECURITY AGREEMENT THIS THIRD AMENDED AND RESTATED EQUIPMENT LOAN AND SECURITY AGREEMENT ("Agreement") dated as of November 5, 1999, is by and among DESTIA COMMUNICATIONS, INC., a Delaware corporation ("Destia"), the Domestic and/or Foreign Subsidiaries of Destia which are signatories hereto, and such additional Domestic and/or Foreign Subsidiaries of Destia which hereafter may become a party hereto pursuant to Section 2.11 hereof (Destia, Domestic and/or Foreign Subsidiaries of Destia which are signatories hereto, and such additional Domestic and/or Foreign Subsidiaries of Destia which may hereafter become a party hereto pursuant to Section 2.11 of this Agreement are individually referred to as a "Borrower" and collectively as the "Borrowers"), and NTFC CAPITAL CORPORATION, a Delaware corporation ("Lender"), with offices at 000 Xxxxxxxxx Xxxxxx Xxxxx, Xxxxx 000, Xxxxxxxx, Xxxxxxxxx 00000.
Agreement to Govern. This Agreement (including the Attachments hereto) sets forth the entire understanding and supersedes all prior and contemporaneous oral and written agreements between the parties relating to the subject matter contained herein, and merges all prior and contemporaneous discussions between them. No party shall be bound by any definition, condition, representations, warranty, covenant, or provisions other than as expressly stated in this Agreement including the Attachments hereto or as subsequently shall be set forth in writing and executed by SELLER and BUYER.
Agreement to Govern. Any purchases by Buyer hereunder shall be governed by this Agreement and this Agreement shall prevail over any contrary or inconsistent terms contained in any order, confirmation, estimate, shipment or invoicing document of either party, unless expressly incorporated herein on the face of this Agreement.
