Controlling Provision Upon Conflict Sample Clauses
A Controlling Provision Upon Conflict clause establishes which contractual provision will take precedence if there is an inconsistency or conflict between different sections of the agreement or between the agreement and its attachments. In practice, this clause typically specifies that the main body of the contract will override any conflicting terms found in schedules, exhibits, or other incorporated documents. This ensures that the parties have a clear understanding of which terms govern in the event of ambiguity, thereby reducing the risk of disputes and promoting contractual certainty.
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Controlling Provision Upon Conflict. In the event of a conflict between the provisions of this Agreement and those of the Note, the Security Instruments or any other instrument referred to herein or executed in connection with the Note, the provisions of this Agreement shall control.
Controlling Provision Upon Conflict. Except as may be expressly provided otherwise herein, in the event of a conflict between the provisions of this Agreement and those of any other Loan Document or any other instrument referred to herein or executed in connection with this Agreement, the provisions of this Agreement shall control.
Controlling Provision Upon Conflict. In the event of a conflict between the provisions of this Agreement and those of any other Loan Document, the provisions of this Agreement shall control.
Controlling Provision Upon Conflict. In the event of a conflict between the provisions of this Agreement and those of the Notes, the Facility LC Applications, the Security Instruments or any other instrument referred to herein or executed in connection with the Notes, the provisions of this Agreement shall control; provided if any of the Facility LC Applications or Security Instruments contain any representations, warranties, or covenants of the Borrower that are in addition to or are more restrictive on the Borrower than those set forth in this Agreement, such additional or more restrictive representations, warranties, and covenants shall control.
Controlling Provision Upon Conflict. In the event of a conflict between the provisions of this Agreement and those of the Note, the Security Instruments or any other instrument referred to herein or executed in connection with the Note, the provisions of this Agreement shall control; provided if any of the Security Instruments contain any representations, warranties, or covenants of any Borrower that are in addition to or are more restrictive on any Borrower than those set forth in this Agreement, such additional or more restrictive representations, warranties, and covenants shall control.
Controlling Provision Upon Conflict. In the event of a conflict between the provisions of this Agreement or any other instrument referred to herein or executed in connection with the issuance of the Common Stock, the provisions of this Agreement shall control.
Controlling Provision Upon Conflict. Except as may be expressly provided otherwise in this Agreement, in the event of a conflict between the provisions of this Agreement and those of any other Loan Document, the provisions of this Agreement shall control, and in the event of a conflict between the provisions of the Limited Guaranty and this Agreement, the provisions of the Limited Guaranty shall control.
Controlling Provision Upon Conflict. (a) In the event of a conflict between the provisions of this Agreement and those of any other Credit Agreement Document, the provisions of this Agreement shall control.
(b) In the event of a conflict between the provisions of this Agreement and those of the Intercreditor Agreement, the provisions of the Intercreditor Agreement shall control.
Controlling Provision Upon Conflict. This Mortgage is subject in all aspects to the Credit Agreement. In the event of any conflict between the provisions of this Mortgage and the Credit Agreement, except as otherwise provided herein the provisions of the Credit Agreement shall control. Notwithstanding the foregoing or anything to the contrary herein or in the Credit Agreement, under no circumstances shall Section 10.09 of the Credit Agreement (Governing Law; Jurisdiction) control over Section 6.7 of this Mortgage (Choice of Law), such that Wyoming law shall apply and govern this Mortgage in all respects. THIS DOCUMENT IS TO BE FILED IN THE REAL ESTATE RECORDS WHERE THE MORTGAGED PROPERTY IS LOCATED. EXECUTED on the date(s) of the acknowledgement(s) below, to be effective as of the date first set forth above. By: Name: Title: STATE OF ) ) SS: COUNTY OF ) The foregoing instrument was acknowledged before me this [•] day of [•], 2023, by [•], as [•] of PEAK POWDER RIVER RESOURCES, LLC, a Wyoming limited liability company, on behalf of said limited liability company. Witness my hand and official seal. (Signature of notarial officer) Title (and Rank) My commission expires: [•] PREAMBLE TO Exhibit A The following Exhibit A is attached to and made a part of that certain Mortgage, Assignment of Production, Security Agreement and Financing Statement dated effective as of January 31, 2023 (the “Mortgage”), by PEAK POWDER RIVER RESOURCES, LLC, as Mortgagor, in favor of FORTRESS CREDIT CORP. Exhibit A contains the descriptions of the Mortgaged Properties which are referred to in the Mortgage. Unless context otherwise requires, all terms used in Exhibit A shall have the respective meanings assigned to them in the Mortgage. Any well, unit, lease, area and property names and numbers set forth in Exhibit A are for reference purposes only and shall not be accorded any other significance. The legal description of the real estate upon which the drilling and spacing unit for each of the Mortgaged Properties is located has been abbreviated. It is the intent of ▇▇▇▇▇▇▇▇▇ to mortgage the entire interest of ▇▇▇▇▇▇▇▇▇ in each Mortgaged Property. The words “oil” and “gas” as used in Exhibit A are words of general description, and reference should be had to the instrument creating the particular interest in oil, gas and/or other minerals for a more particular description thereof. Following any heading entitled “Working Interest,” the interest referred to is the gross working interest of ▇▇▇▇▇▇▇▇▇ in the subject well or ...