Common use of Continuing Enforceability; Conflict Between Documents Clause in Contracts

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.

Appears in 34 contracts

Samples: Exchange Agreement (CytoDyn Inc.), Exchange Agreement (CBAK Energy Technology, Inc.), Exchange Agreement (CBAK Energy Technology, Inc.)

AutoNDA by SimpleDocs

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 Xxxxxx 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.

Appears in 14 contracts

Samples: Exchange Agreement (Smart Powerr Corp.), Exchange Agreement (Intrusion Inc), Exchange Agreement (SinglePoint Inc.)

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.

Appears in 9 contracts

Samples: Standstill Agreement (NextPlay Technologies Inc.), Standstill Agreement (Future FinTech Group Inc.), Forbearance Agreement (China Recycling Energy Corp)

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 Xxxxxx 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.

Appears in 5 contracts

Samples: Forbearance Agreement (Farmmi, Inc.), Forbearance Agreement (Tantech Holdings LTD), Acknowledgment and Agreement (Phunware, Inc.)

Continuing Enforceability; Conflict Between Documents. Except as otherwise modified by this Agreement, each of the Original Note and each all 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.

Appears in 2 contracts

Samples: Forbearance Agreement (Vape Holdings, Inc.), Forbearance Agreement (Vape Holdings, Inc.)

Continuing Enforceability; Conflict Between Documents. Except as otherwise modified by this AgreementAmendment, 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 Amendment shall not be effective or binding unless and until it is fully executed and delivered by Lender Holder and BorrowerCompany. If there is any conflict between the terms of this AgreementAmendment, on the one hand, and the Original Note or any other Transaction Document, on the other hand, the terms of this Agreement Amendment shall prevail.

Appears in 2 contracts

Samples: Amendment (HealthLynked Corp), HealthLynked Corp

Continuing Enforceability; Conflict Between Documents. Except as otherwise modified by this Agreement, the Original Note Notes and each of the other Transaction Documents shall remain in full force and effect, enforceable in accordance with all of its their original terms and provisions. This Agreement shall not be effective or binding unless and until it is fully executed and delivered by Lender Lxxxxx and Borrower. If there is any conflict between the terms of this Agreement, on the one hand, and the Original Note Notes or any other Transaction Document, on the other hand, the terms of this Agreement shall prevail.

Appears in 2 contracts

Samples: Standstill Agreement (Cemtrex Inc), Standstill Agreement (Cemtrex Inc)

Continuing Enforceability; Conflict Between Documents. Except as otherwise modified by this Agreement, each of the Original Note and each all 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 Buyer and Borrowerthe Company. 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.

Appears in 2 contracts

Samples: Forbearance Agreement (Seaniemac International, Ltd.), Forbearance Agreement (Epazz Inc)

Continuing Enforceability; Conflict Between Documents. Except as otherwise modified by this Agreement, the Original each Note and each of the other Transaction Documents 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 JRD and BorrowerEMED. 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.

Appears in 1 contract

Samples: Forbearance Agreement (Electromedical Technologies, Inc)

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 Lxxxxx 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.

Appears in 1 contract

Samples: Exchange Agreement (SinglePoint Inc.)

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 Investor and BorrowerCompany. 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.

Appears in 1 contract

Samples: Forbearance Agreement (Mountain High Acquisitions Corp.)

Continuing Enforceability; Conflict Between Documents. Except as otherwise modified by this AgreementAgreement or the Settlement, 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 Lxxxxx and Borrower. If there is any conflict between the terms of this Agreement, on the one hand, and the Original Settlement, the Note or any other Transaction Document, on the other hand, the terms of this Agreement shall prevail.

Appears in 1 contract

Samples: Standstill Agreement (Progressive Care Inc.)

Continuing Enforceability; Conflict Between Documents. Except as otherwise modified by this Agreement, the Original Note and each of the other #1 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 Xxxxxx and Borrower. If there is any conflict between the terms of this Agreement, on the one hand, and the Original Note or any other #1 Transaction DocumentDocuments, on the other hand, the terms of this Agreement shall prevail.

Appears in 1 contract

Samples: Exchange Agreement (Intrusion Inc)

Continuing Enforceability; Conflict Between Documents. Except as otherwise modified by this Agreement, the Original each 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 JRD and BorrowerEMED. 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.

Appears in 1 contract

Samples: Forbearance Agreement (Electromedical Technologies, Inc)

AutoNDA by SimpleDocs

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 Investor 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.

Appears in 1 contract

Samples: Forbearance Agreement (Marijuana Co of America, Inc.)

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 Oasis and Borrowerthe Company. 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.

Appears in 1 contract

Samples: Exchange Agreement (Sphere 3D Corp)

Continuing Enforceability; Conflict Between Documents. Except as otherwise modified by this Agreement, the Original Note Notes 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 Xxxxxx and Borrower. If there is any conflict between the terms of this Agreement, on the one hand, and the Original Note Notes or any other Transaction DocumentDocument (as may be amended from time to time), on the other hand, the terms of this Agreement shall prevail.

Appears in 1 contract

Samples: Security Agreement (Intrusion Inc)

Continuing Enforceability; Conflict Between Documents. Except as otherwise modified by this Agreement, the Original Note Notes and each of the other Transaction Documents shall remain in full force and effect, enforceable in accordance with all of its 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, on the one hand, and the Original either Note or any other Transaction Document, on the other hand, the terms of this Agreement shall prevail.

Appears in 1 contract

Samples: Note Settlement Agreement (Vapor Hub International Inc.)

Continuing Enforceability; Conflict Between Documents. Except as otherwise modified by this Agreement, the Original Note and each of the other Transaction Documents Notes shall remain in full force and effect, enforceable in accordance with all of its their original terms and provisions. This Agreement shall not be effective or binding unless and until it is fully executed and delivered by Lender Holder and BorrowerCompany. If there is any conflict between the terms of this Agreement, on the one hand, and the Original Note Notes or any other Transaction Documenttransaction document, on the other hand, the terms of this Agreement shall prevail.

Appears in 1 contract

Samples: Waiver and Amendment Agreement (CarbonMeta Technologies, Inc.)

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 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, on the one hand, and the Original Note or any other Transaction Document, on the other hand, the terms of this Agreement shall prevail.

Appears in 1 contract

Samples: Typenex Note Settlement Agreement (Panther Biotechnology, Inc.)

Continuing Enforceability; Conflict Between Documents. Except as otherwise modified by this Agreement, the Original each Note and each of the other Transaction Documents 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 JRD and BorrowerEMED. 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.. ​

Appears in 1 contract

Samples: Forbearance Agreement (Electromedical Technologies, Inc)

Continuing Enforceability; Conflict Between Documents. Except as otherwise modified by this Agreement, the Original each 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 JRD and BorrowerEMED. 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.. ​

Appears in 1 contract

Samples: Forbearance Agreement (Electromedical Technologies, Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.