Conflicts with Indenture. In the event of any direct conflict between the provisions of this Security Agreement and the provisions of the Indenture, including without limitation any direct conflict relating to (i) the rights and remedies (or the limitations upon such rights and remedies) of the Holders upon a Default or (ii) the subordination provisions contained in the Indenture, the provisions of the Indenture shall control. * * * * * * *
Conflicts with Indenture. This Supplemental Indenture is subject to all terms of the Indenture. To the extent any provision of this Supplemental Indenture conflicts with express provisions of the Indenture, the provisions of the Indenture shall govern and be controlling.
Conflicts with Indenture. Notwithstanding any other provision of this Security Agreement, the terms and provisions of this Security Agreement shall be subject and subordinate to the terms of the Indenture. To the extent that the Indenture provides Debtor with a particular cure or notice period, or establishes any limitations or conditions on Secured Party's actions with regard to a particular set of facts, Debtor shall be entitled to the same cure periods and notice periods, and Secured Party shall be subject to the same limitations and conditions in place of the cure periods, notice periods, limitations and conditions provided for under the Indenture; provided, however, that such cure periods, notice periods, limitations and conditions shall not be cumulative as between the Indenture and this Security Agreement. In the event of any conflict or inconsistency between the provisions of this Security Agreement and those of the Indenture, including without limitation, any conflicts or inconsistencies in any definitions herein or therein, the provisions or definitions of the Indenture shall govern.
Conflicts with Indenture. To the extent that any provision of this Purchase Contract Agreement relating to or affecting the Notes conflicts with or is inconsistent with the Indenture, the Indenture shall govern.
Conflicts with Indenture. Notwithstanding any other provision of this Security Agreement, the terms and provisions of this Security Agreement shall be subject and subordinate to the terms of the Indenture. To the extent that the Indenture provides Debtors with a particular cure or notice period, or establishes any limitations or conditions on Secured Party's actions with regard to a particular set of facts, Debtors shall be entitled to the same cure periods and notice periods, and Secured Party shall be subject to the same limitations and conditions in place of the cure periods, notice periods, limitations and conditions provided for under this Security Agreement; provided, however, that such cure periods, notice periods, limitations and conditions shall not be cumulative as between the Indenture and this Security Agreement. In the event of any conflict or inconsistency between the provisions of this Security Agreement and those of the Indenture, including, without limitation, any conflicts or inconsistencies in any definitions herein or therein, the provisions or definitions of the Indenture shall govern.
Conflicts with Indenture. In case of any conflict or inconsistency between any terms of this Agreement, on the one hand, and any of the terms and provisions of the Indenture, on the other hand, then the terms and provisions of the Indenture shall control.
Conflicts with Indenture. Notwithstanding the provisions of this Agreement, in any conflict between this Agreement and the provisions of the Indenture or the Shipowner Documents, the Indenture and/or the Shipowner Documents shall govern the agreement between the parties hereto, but only with respect to the subject matter thereof. Notwithstanding the previous sentence, any provision in the Indenture (or any other agreement the Shipowner has entered into with any other Person) purporting to release the Shipowner of any indebtedness, liability or obligation shall not apply to any indebtedness, liability or obligation of the Shipowner hereunder and no termination of the Indenture (or any other agreement the Shipowner has entered into with any other Person) shall affect the continued effectiveness of this Agreement, which shall continue in full force and effect until the Credit Facility has been terminated and all indebtedness, liabilities and obligations of the Shipowner hereunder have been fully discharged and satisfied, the Floating Rate Note has been paid, satisfied and discharged in full, and there has elapsed a year and a day from the last payment received from, or on behalf of, the Shipowner. The parties hereto acknowledge and agree that the Lenders and the Agents are not beneficiaries of the Shipowner Documents and certain other documents relating to the Indenture, and nothing in this Section 11.15 purports to confer any such rights upon the Lenders or the Agents.
Conflicts with Indenture. In the event of any inconsistency between the meaning given to a term in the Indenture and the meaning given to the same term in this First Supplemental Indenture, the meaning given to the term in this First Supplemental Indenture shall prevail to the extent of the inconsistency; provided, however, that the terms and provisions of this First Series Supplement may modify or amend the terms and provisions of the Indenture solely as applied to the 2023 Convertible Notes.
Conflicts with Indenture. In the event of any inconsistency between the meaning given to a term in the Indenture and the meaning given to the same term in this Fourth Supplemental Indenture, the meaning given to the term in this Fourth Supplemental Indenture shall prevail to the extent of the inconsistency; provided, however, that the terms and provisions of this Fourth Supplemental Indenture may modify or amend the terms and provisions of the Indenture solely as applied to the 2026 Notes.
Conflicts with Indenture. In the event of any conflict, inconsistency or ambiguity between any provision set forth in this Security and any provision of the Indenture, the Indenture shall control.
