Common use of BINDING EFFECT, ENTIRE UNDERSTANDING Clause in Contracts

BINDING EFFECT, ENTIRE UNDERSTANDING. 18.1 The terms and conditions of this Agreement shall be binding on and inure to the benefit of the Parties. Except for the terms of the Fee Letter, these terms and conditions supersede and replace any and all prior contracts, understandings or arrangements, whether oral or written, heretofore made between any of the Parties and relating to the subject matter hereof, and as of the date hereof constitute the entire understanding of the Parties with respect to the Offer. In the event of any inconsistency or dispute between the terms of this Agreement and the Fee Letter, the terms of this Agreement shall prevail, provided that the Fee Letter shall prevail over this Agreement where such inconsistency or dispute relates solely to the fees or expenses payable to the BRLMs for the Offer or taxes payable with respect thereto.

Appears in 1 contract

Sources: Offer Agreement

BINDING EFFECT, ENTIRE UNDERSTANDING. 18.1 The terms and conditions of this Agreement shall will be binding on and inure to the benefit of the Parties. Except for Unless otherwise mentioned in this Agreement, and except in relation to the terms of fees and expenses contained in the Fee respective Engagement Letter, these terms and conditions supersede and replace any and all prior contracts, understandings or arrangements, whether oral or written, heretofore made between any of the Parties and relating to the subject matter hereof, and as of the date hereof constitute the entire understanding of the Parties with respect to the Offer. In the event of any inconsistency or dispute between the terms of this Agreement and the Fee Engagement Letter, the terms of this Agreement shall prevail, provided that the Fee Engagement Letter shall prevail over this Agreement solely where such inconsistency or dispute relates solely to the fees or expenses payable to the BRLMs Underwriters for the Offer or taxes payable with respect theretothereto or exclusivity.

Appears in 1 contract

Sources: Underwriting Agreement

BINDING EFFECT, ENTIRE UNDERSTANDING. 18.1 16.1 The terms and conditions of this Agreement shall will be binding on and inure to the benefit of the Parties. Except for Unless otherwise mentioned in this Agreement, and except in relation to the terms of fees and expenses contained in the Fee respective Engagement Letter, these terms and conditions supersede and replace any and all prior contracts, understandings or arrangements, whether oral or written, heretofore made between any of the Parties and relating to the subject matter hereof, and as of the date hereof constitute the entire understanding of the Parties with respect to the Offer. In the event of any inconsistency or dispute between the terms of this Agreement and the Fee Engagement Letter, the terms of this Agreement shall prevail, provided that the Fee Engagement Letter shall prevail over this Agreement solely where such inconsistency or dispute relates solely to the fees or expenses payable to the BRLMs Lead Managers for the Offer or taxes payable with respect theretothereto or exclusivity.

Appears in 1 contract

Sources: Offer Agreement