Common use of Incorporation; Construction Of Inconsistent Provisions Clause in Contracts

Incorporation; Construction Of Inconsistent Provisions. The terms and conditions of the LOAN DOCUMENTS are incorporated by reference and made a part hereof, as if fully set forth herein. In the event of any inconsistency between this AGREEMENT and any other LOAN DOCUMENT, such inconsistency shall be construed, interpreted, and resolved so as to benefit the LENDER, independent of whether this AGREEMENT or another LOAN DOCUMENT controls, and the LENDER'S election of which interpretation or construction is for the LENDER'S benefit shall govern.

Appears in 3 contracts

Samples: Loan and Security Agreement (Avatech Solutions Inc), Loan and Security Agreement (Ea Engineering Science & Technology Inc), Loan and Security Agreement (Accom Inc)

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Incorporation; Construction Of Inconsistent Provisions. The terms and conditions of the LOAN DOCUMENTS are incorporated by reference and made a part hereof, as if fully set forth herein. In the event of any inconsistency between this AGREEMENT and any other LOAN DOCUMENT, such inconsistency shall be construed, interpreted, and resolved so as to benefit the LENDER, independent of whether this AGREEMENT or another LOAN DOCUMENT controls, and the LENDER'S ’S election of which interpretation or construction is for the LENDER'S ’S benefit shall govern.

Appears in 2 contracts

Samples: Loan and Security Agreement (Avatech Solutions Inc), Loan and Security Agreement (Avatech Solutions Inc)

Incorporation; Construction Of Inconsistent Provisions. The terms and conditions of the LOAN DOCUMENTS are incorporated by reference and made a part hereof, as if fully set forth herein. In the event of any inconsistency between this AGREEMENT and any other LOAN DOCUMENT, such inconsistency shall be construed, interpreted, and resolved so as to benefit the LENDERSECURED PARTIES, independent of whether this AGREEMENT or another LOAN DOCUMENT controls, and the LENDER'S SECURED PARTIES’ election of which interpretation or construction is for the LENDER'S benefit of the SECURED PARTY shall govern.

Appears in 1 contract

Samples: Credit Agreement (Dover Motorsports Inc)

Incorporation; Construction Of Inconsistent Provisions. The terms and conditions of the LOAN DOCUMENTS are incorporated by reference and made a part hereof, as if fully set forth herein. In the event of any inconsistency between this AGREEMENT and any other LOAN DOCUMENT, such inconsistency shall be construed, interpreted, and resolved so as to benefit the LENDER, independent of whether this AGREEMENT or another LOAN DOCUMENT controls, and the LENDER'S =S election of which interpretation or construction is for the LENDER'S =S benefit shall govern.

Appears in 1 contract

Samples: Loan and Security Agreement (Imtek Office Solutions Inc)

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Incorporation; Construction Of Inconsistent Provisions. The terms and conditions of the LOAN DOCUMENTS are incorporated by reference and made a part hereof, as if fully set forth herein. In the event of any inconsistency between this AGREEMENT and any other LOAN DOCUMENT, such inconsistency shall be construed, interpreted, and resolved so as to benefit the LENDER, independent of whether this AGREEMENT or another LOAN DOCUMENT controls, and the LENDER'S LENDERS election of which interpretation or construction is for the LENDER'S LENDERS benefit shall govern.

Appears in 1 contract

Samples: Loan and Security Agreement (Gse Systems Inc)

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