Common use of Incorporation of the Agreement Clause in Contracts

Incorporation of the Agreement. All capitalized terms which are not defined hereunder shall have the same meanings as set forth in the Agreement, and the Agreement, to the extent not inconsistent with this Amendment, is incorporated herein by this reference as though the same were set forth in its entirety. To the extent any terms and provisions of the Agreement are inconsistent with the amendments set forth in Paragraph 2 below, such terms and provisions shall be deemed superseded hereby. Except as specifically set forth herein, the Agreement shall remain in full force and effect and its provisions shall be binding on the parties hereto.

Appears in 21 contracts

Samples: Credit Agreement (Clarion Technologies Inc/De/), Loan and Security Agreement (Sigmatron International Inc), Credit Agreement (Clarion Technologies Inc/De/)

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Incorporation of the Agreement. All capitalized terms which are not defined hereunder herein shall have the same meanings as set forth in the Agreement, and the Agreement, to the extent not inconsistent with this Amendment, is incorporated herein by this reference as though the same were was set forth in its entirety. To the extent any terms and provisions of the Agreement are inconsistent with the amendments set forth in Paragraph 2 below, such terms and provisions shall be deemed superseded hereby. Except as specifically set forth herein, the Agreement shall remain in full force and effect and its provisions shall be binding on the parties hereto.

Appears in 11 contracts

Samples: Development and License Agreement (Xenetic Biosciences, Inc.), Development and License Agreement (Xenetic Biosciences, Inc.), Employment Agreement (Advanced Life Sciences Holdings, Inc.)

Incorporation of the Agreement. All capitalized terms which are not defined hereunder shall have the same meanings as set forth in the Agreement, and the Agreement, to the extent not inconsistent with this Amendment, is incorporated herein by this reference as though the same were set forth in its entirety. To the extent any terms and provisions of the Agreement are inconsistent with the amendments set forth in Paragraph Section 2 below, such terms and provisions shall be deemed superseded hereby. Except as specifically set forth herein, the Agreement shall remain in full force and effect and its provisions shall be binding on the parties hereto.

Appears in 6 contracts

Samples: Loan and Security Agreement (Manitex International, Inc.), Loan and Security Agreement (Manitex International, Inc.), Loan and Security Agreement (Manitex International, Inc.)

Incorporation of the Agreement. All capitalized terms which that are not defined hereunder shall have the same meanings as set forth in the Agreement, and the Agreement, to the extent not inconsistent with this Amendment, is incorporated herein by this reference as though the same were set forth in its entirety. To the extent any terms and provisions of the Agreement are inconsistent with the amendments set forth in Paragraph 2 below, such terms and provisions shall be deemed superseded hereby. Except as specifically set forth herein, the Agreement shall remain in full force and effect and its provisions shall be binding on the parties hereto.

Appears in 6 contracts

Samples: Trademark and License Security Agreement (Epicedge Inc), Security Agreement (Epicedge Inc), Trademark and License Security Agreement (Epicedge Inc)

Incorporation of the Agreement. All capitalized terms which are not defined hereunder shall have the same meanings as set forth in the Agreement, and the Agreement, Agreement to the extent not inconsistent with this Amendment, Amendment is incorporated herein by this reference as though the same were set forth in its entirety. To the extent any terms and provisions of the Agreement are inconsistent with the amendments set forth in Paragraph 2 below, such terms and provisions shall be deemed superseded hereby. Except as specifically set forth herein, the Agreement shall remain in full force and effect and its provisions shall be binding on the parties hereto.

Appears in 5 contracts

Samples: Loan and Security Agreement (Heartland Partners L P), Loan and Security Agreement (Heartland Partners L P), Loan and Security Agreement (Heartland Partners L P)

Incorporation of the Agreement. All capitalized terms which are not defined hereunder herein shall have the same meanings as set forth in the Agreement, and the Agreement, to the extent not inconsistent with this Amendment, is incorporated herein by this reference as though the same were was set forth in its entirety. To the extent any terms and provisions of the Agreement are inconsistent with the amendments set forth in Paragraph 2 below, such terms and provisions shall be deemed superseded hereby. Except as specifically set forth herein, the Agreement shall remain in full force and effect and its provisions shall be binding on the parties hereto.

Appears in 4 contracts

Samples: Supply and Distribution Agreement (Icu Medical Inc/De), Promotion and Distribution Agreement (Icu Medical Inc/De), Supply and Distribution Agreement (Icu Medical Inc/De)

Incorporation of the Agreement. All capitalized terms which are ------------------------------ not defined hereunder shall have the same meanings as set forth in the Agreement, and the Agreement, to the extent not inconsistent with this Amendment, is incorporated herein by this reference as though the same were set forth in its entirety. To the extent any terms and provisions of the Agreement are inconsistent with the amendments set forth in Paragraph 2 ----------- below, such terms and provisions shall be deemed superseded hereby. Except as specifically set forth herein, the Agreement shall remain in full force and effect and its provisions shall be binding on the parties hereto.

Appears in 4 contracts

Samples: Loan Agreement (Kv Pharmaceutical Co /De/), Loan Agreement (Kv Pharmaceutical Co /De/), Loan Agreement (Kv Pharmaceutical Co /De/)

Incorporation of the Agreement. All capitalized terms which are not defined hereunder shall have the same meanings as set forth in the Agreement, and the Agreement, to the extent not inconsistent with this Amendment, is incorporated herein by this reference as though the same were set forth in its entirety. To the extent any terms and provisions of the Agreement are inconsistent with the amendments set forth in Paragraph PARAGRAPH 2 below, such terms and provisions shall be deemed superseded hereby. Except as specifically set forth herein, the Agreement shall remain in full force and effect and its provisions shall be binding on the parties hereto.

Appears in 3 contracts

Samples: Loan Agreement (Landauer Inc), Loan Agreement (Landauer Inc), Loan Agreement (Landauer Inc)

Incorporation of the Agreement. All capitalized terms which are not defined hereunder herein shall have the same meanings as set forth in the Agreement, and the Agreement, to the extent not inconsistent with this Amendment, is incorporated herein by this reference as though the same were was set forth in its entirety. To the extent any terms and provisions of the Agreement are inconsistent with the amendments set forth in Paragraph 2 below, such terms and provisions shall be deemed superseded hereby. Except as specifically set forth herein, the Agreement shall remain in full force and effect and its provisions shall be binding on the parties Parties hereto.

Appears in 3 contracts

Samples: License Agreement (Coherus BioSciences, Inc.), License Agreement (Coherus BioSciences, Inc.), Standstill and Option Agreement (Medgenics, Inc.)

Incorporation of the Agreement. All capitalized terms which are not defined hereunder shall have the same meanings as set forth in the Agreement, and the Agreement, to the extent not inconsistent with this Amendment, is incorporated herein into this Amendment by this reference as though the same were set forth in its entirety. To the extent any terms and provisions of the Agreement are inconsistent with the amendments set forth in Paragraph 2 belowthis Amendment, such terms and provisions in the Agreement shall be deemed superseded hereby. Except as specifically set forth hereinin this Amendment, the Agreement shall remain in full force and effect and its provisions shall be binding on the parties hereto.

Appears in 3 contracts

Samples: Credit Agreement (Global Technovations Inc), Credit Agreement (Global Technovations Inc), Credit Agreement (Global Technovations Inc)

Incorporation of the Agreement. All capitalized terms which are used but not otherwise defined hereunder herein shall have the same meanings as set forth in the Agreement, and the Agreement, to the extent not inconsistent with this First Amendment, is incorporated herein by this reference as though the same were was set forth in its entirety. To the extent any terms and provisions of the Agreement are inconsistent with the amendments set forth in Paragraph 2 below, such terms and provisions shall be deemed superseded hereby. Except as specifically set forth herein, the Agreement shall remain in full force and effect and its provisions shall be binding on the parties hereto.

Appears in 2 contracts

Samples: Development and Supply Agreement (Seattle Genetics Inc /Wa), Development and Supply Agreement (Seattle Genetics Inc /Wa)

Incorporation of the Agreement. All capitalized terms which are not ------------------------------ defined hereunder shall have the same meanings as set forth in the Agreement, and the Agreement, Agreement to the extent not inconsistent with this Amendment, Amendment is incorporated herein by this reference as though the same were set forth in its entirety. To the extent any terms and provisions of the Agreement are inconsistent with the amendments set forth in Paragraph 2 below, such terms and ----------- provisions shall be deemed superseded hereby. Except as specifically set forth herein, the Agreement shall remain in full force and effect and its provisions shall be binding on the parties hereto.

Appears in 2 contracts

Samples: Loan and Security Agreement (Heartland Partners L P), Loan and Security Agreement (Heartland Partners L P)

Incorporation of the Agreement. All capitalized terms which are not defined hereunder shall have the same meanings as set forth in the Agreement, and the Agreement, to the extent not inconsistent with this Amendment, is incorporated herein by this reference as though the same were set forth in its entirety. To the extent any terms and provisions of the Agreement are inconsistent with the amendments terms and provisions set forth in Paragraph 2 below, such terms and provisions shall be deemed superseded hereby. Except as specifically set forth herein, the Agreement shall remain in full force and effect and its provisions shall be binding on the parties hereto.

Appears in 2 contracts

Samples: Fourth Amendment to Agreement (Oil Dri Corp of America), To Agreement (Oil Dri Corporation of America)

Incorporation of the Agreement. All capitalized terms which are not ------------------------------ defined hereunder shall have the same meanings as set forth in the Agreement, and the Agreement, Agreement to the extent not inconsistent with this Amendment, Amendment is incorporated herein by this reference as though the same were set forth in its entirety. To the extent any terms and provisions of the Agreement are inconsistent with the amendments set forth in Paragraph paragraph 2 below, such terms and provisions shall be deemed superseded hereby. Except as specifically set forth herein, the Agreement shall remain in full force and effect and its provisions shall be binding on the parties hereto.

Appears in 2 contracts

Samples: Loan and Security Agreement (Heartland Partners L P), Loan and Security Agreement (Heartland Partners L P)

Incorporation of the Agreement. All capitalized terms which are not defined hereunder herein shall have the same meanings meaning as set forth in the Agreement, AGREEMENT and the AgreementAGREEMENT, to the extent not inconsistent with this AmendmentAMENDMENT, is incorporated herein here by this reference as though the same were was set forth in its entirety. To the extent any terms and provisions of the Agreement AGREEMENT are inconsistent with the amendments set forth in Paragraph 2 herein below, such terms and provisions shall be deemed superseded hereby. Except as specifically set forth herein, the Agreement AGREEMENT shall remain in full force and effect and its provisions shall be binding on the parties heretothereto.

Appears in 2 contracts

Samples: Development and License Agreement (Xenetic Biosciences, Inc.), Development and License Agreement (Xenetic Biosciences, Inc.)

Incorporation of the Agreement. All capitalized terms which are not ------------------------------ defined hereunder shall have the same meanings as set forth in the Agreement, and the Agreement, to the extent not inconsistent with this Amendment, is incorporated herein by this reference as though the same were set forth in its entirety. To the extent any terms and provisions of the Agreement are inconsistent with the amendments set forth in Paragraph 2 below, such terms ----------- and provisions shall be deemed superseded hereby. Except as specifically set forth herein, the Agreement shall remain in full force and effect and its provisions shall be binding on the parties hereto.

Appears in 2 contracts

Samples: Loan Agreement (Kv Pharmaceutical Co /De/), Loan Agreement (Kv Pharmaceutical Co /De/)

Incorporation of the Agreement. All capitalized terms which are used but not otherwise defined hereunder herein shall have the same meanings as set forth in the Agreement, and the Agreement, to the extent not inconsistent with this First Amendment, is incorporated herein by this reference as though the same were was set forth in its entirety. To the extent any terms and provisions of the Agreement are inconsistent with the amendments set forth in Paragraph 2 below, such terms and provisions shall be deemed superseded hereby. Except as specifically set forth herein, the Agreement shall remain in full force and effect and its provisions shall be binding on the parties hereto. 2.

Appears in 1 contract

Samples: Development and Supply Agreement (Seagen Inc.)

Incorporation of the Agreement. All capitalized terms which are not defined hereunder shall have the same meanings as set forth in the AgreementAgreement (as amended hereby), and the Agreement, to the extent not inconsistent with this Amendment, is incorporated herein by this reference as though the same were set forth in its entirety. To the extent any terms and provisions of the Agreement are inconsistent with the amendments set forth in Paragraph 2 Section 6 below, such terms and provisions shall be deemed superseded hereby. Except as specifically set forth herein, the Agreement shall remain in full force and effect and its provisions shall be binding on the parties hereto.

Appears in 1 contract

Samples: Credit and Gold Consignment Agreement (Whitehall Jewellers Inc)

Incorporation of the Agreement. All capitalized terms which are not defined hereunder herein shall have the same meanings as set forth in the Agreement, and the Agreement, to the extent not inconsistent with this Third Amendment, is incorporated herein by this reference as though the same were was set forth in its entirety. To the extent any terms and provisions of the Agreement are inconsistent with the amendments set forth in Paragraph 2 below, such terms and provisions shall be deemed superseded hereby. Except as specifically set forth herein, the Agreement shall remain in full force and effect and its provisions shall be binding on the parties Parties hereto.

Appears in 1 contract

Samples: Standstill and Option Agreement (Medgenics, Inc.)

Incorporation of the Agreement. All capitalized terms which are not defined hereunder herein shall have the same meanings as set forth in the Agreement, and the Agreement, to the extent not inconsistent with this Second Amendment, is incorporated herein by this reference as though the same were was set forth in its entirety. To the extent any terms and provisions of the Agreement are inconsistent with the amendments set forth in Paragraph 2 below, such terms and provisions shall be deemed superseded hereby. Except as specifically set forth herein, the Agreement shall remain in full force and effect and its provisions shall be binding on the parties Parties hereto.

Appears in 1 contract

Samples: Standstill and Option Agreement (Medgenics, Inc.)

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Incorporation of the Agreement. All capitalized terms which are not defined hereunder shall have the same meanings as set forth in the Agreement, and the Agreement, to the extent not inconsistent with this Amendment, is incorporated herein by this reference as though the same were set forth in its entirety. To the extent any terms and provisions of the Agreement are inconsistent with the amendments set forth in Paragraph 2 Section 3 below, such terms and provisions shall be deemed superseded hereby. Except as specifically set forth herein, the Agreement shall remain in full force and effect and its provisions shall be binding on the parties hereto.

Appears in 1 contract

Samples: Loan and Security Agreement (Manitex International, Inc.)

Incorporation of the Agreement. All capitalized terms which are not ------------------------------ defined hereunder shall have the same meanings as set forth in the Agreement, and the Agreement, to the extent not inconsistent with this Amendment, is incorporated herein by this reference as though the same were set forth in its entirety. To the extent any terms and provisions of the Agreement are inconsistent with the amendments set forth in Paragraph 2 below, such terms and ----------- provisions shall be deemed superseded hereby. Except as specifically set forth herein, the Agreement shall remain in full force and effect and its provisions shall be binding on the parties hereto.

Appears in 1 contract

Samples: Loan and Security Agreement (Heartland Partners L P)

Incorporation of the Agreement. All capitalized terms which are not defined hereunder herein shall have the same meanings as set forth in the Agreement, and the Agreement, to the extent not inconsistent with this First Amendment, is incorporated herein by this reference as though the same were was set forth in its entirety. To the extent any terms and provisions of the Agreement are inconsistent with the amendments set forth in Paragraph PARAGRAPH 2 below, such terms and provisions shall be deemed superseded hereby. Except as specifically set forth herein, the Agreement shall remain in full force and effect and its provisions shall be binding on the parties hereto.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Rexall Sundown Inc)

Incorporation of the Agreement. All capitalized terms which ------------------------------ are not defined hereunder shall have the same meanings as set forth in the Agreement, and the Agreement, to the extent not inconsistent with this Amendment, is incorporated herein by this reference as though the same were set forth in its entirety. To the extent any terms and provisions of the Agreement are inconsistent with the amendments set forth in Paragraph 2 ----------- below, such terms and provisions shall be deemed superseded hereby. Except as specifically set forth herein, the Agreement shall remain in full force and effect and its provisions shall be binding on the parties hereto.

Appears in 1 contract

Samples: Loan Agreement (Kv Pharmaceutical Co /De/)

Incorporation of the Agreement. All capitalized terms which are not defined hereunder shall have the same meanings as set forth in the Agreement, and the Agreement, to the extent not inconsistent with this Amendment, is incorporated herein by this reference as though the same were set forth in its entirety. To the extent any terms and provisions of the Agreement are inconsistent with the amendments terms and provisions set forth in Paragraph 2 below, such terms and provisions shall be deemed superseded superceded hereby. Except as specifically set forth herein, the Agreement shall remain in full force and effect and its provisions shall be binding on the parties hereto.

Appears in 1 contract

Samples: To Agreement (Oil Dri Corporation of America)

Incorporation of the Agreement. All capitalized terms which are not defined hereunder herein shall have the same meanings as set forth in the Agreement, and the Agreement, to the extent not inconsistent with this Amendment, is incorporated herein by this reference as though the same were was set forth in its entirety. To the extent any terms and provisions of the Agreement are inconsistent with the amendments set forth in Paragraph Section 2 below, such terms and provisions shall be deemed superseded hereby. Except as specifically set forth herein, the Agreement shall remain in full force and effect and its provisions shall be binding on the parties hereto.

Appears in 1 contract

Samples: Employment Agreement (Medgenics, Inc.)

Incorporation of the Agreement. All capitalized terms which are not defined hereunder shall have the same meanings as set forth in the Agreement, and the Agreement, Agreement to the extent not inconsistent with this Amendment, Amendment is incorporated herein by this reference as though the same were set forth in its entirety. To the extent any terms and provisions of the Agreement are inconsistent with the amendments set forth in Paragraph paragraph 2 below, such terms and provisions shall be deemed superseded hereby. Except as specifically set forth herein, the Agreement shall remain in full force and effect and its provisions shall be binding on the parties hereto. 2.

Appears in 1 contract

Samples: Loan and Security Agreement (Heartland Technology Inc)

Incorporation of the Agreement. All capitalized terms which are not defined hereunder shall have the same meanings as set forth in the Agreement, and the Agreement, Agreement to the extent not inconsistent with this Amendment, Amendment is incorporated herein by this reference as though the same were set forth in its entirety. To the extent any terms and provisions of the Agreement are inconsistent with the amendments set forth in Paragraph paragraph 2 below, such terms and provisions shall be deemed superseded hereby. Except as specifically set forth herein, the Agreement shall remain in full force and effect and its provisions shall be binding on the parties hereto.

Appears in 1 contract

Samples: Loan Agreement (Stimsonite Corp)

Incorporation of the Agreement. All capitalized terms which that are not defined hereunder shall have the same meanings as set forth in the Agreement, and the Agreement, to the extent not inconsistent with this Amendment, is incorporated herein by this reference as though the same were set forth in its entirety. To the extent any terms and provisions of the Agreement are inconsistent with the amendments set forth in Paragraph PARAGRAPH 2 below, such terms and provisions shall be deemed superseded hereby. Except as specifically set forth herein, the Agreement shall remain in full force and effect and its provisions shall be binding on the parties hereto.

Appears in 1 contract

Samples: Loan and Security Agreement (Rocky Shoes & Boots Inc)

Incorporation of the Agreement. All capitalized terms which are not defined hereunder shall have the same meanings as set forth in the Agreement, and the Agreement, to the extent not inconsistent with this Second Amendment, is incorporated herein by this reference as though the same were was set forth in its entirety. To the extent any terms and provisions of the Agreement are inconsistent with the amendments set forth in Paragraph paragraph 2 below, such terms and provisions shall be deemed superseded hereby. Except as specifically set forth herein, the Agreement shall remain in full force and effect and its provisions shall be binding on the parties hereto.

Appears in 1 contract

Samples: Loan Agreement (Stimsonite Corp)

Incorporation of the Agreement. All capitalized terms which are not defined hereunder herein shall have the same meanings as set forth in the Agreement, and the Agreement, Agreement to the extent not inconsistent with this Amendment, Amendment is incorporated herein by this reference as though the same were set forth in its entirety. To the extent any terms and provisions of the Agreement are inconsistent with the amendments set forth in Paragraph 2 belowherein, such terms and provisions shall be deemed superseded hereby. Except as specifically set forth herein, the Agreement shall remain in full force and effect and its provisions shall be binding on the parties hereto.

Appears in 1 contract

Samples: Rights Agreement (Binks Sames Corp)

Incorporation of the Agreement. All capitalized terms which are not defined hereunder herein shall have the same meanings as set forth in the Agreement, and the Agreement, to the extent not inconsistent with this Amendment, is incorporated herein by this reference as though the same were set forth in its entirety. To the extent any terms and provisions of the Agreement are inconsistent with the amendments set forth in Paragraph Section 2 below, such terms and provisions shall be deemed superseded hereby. Except as specifically set forth herein, the Agreement shall remain in full force and effect and its provisions shall be binding on the parties hereto.

Appears in 1 contract

Samples: Loan and Security Agreement (Crdentia Corp)

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