Other Agreement. The provisions of this Section 5 shall not supersede or otherwise affect any agreement that the Company and the Selling Shareholder may otherwise have entered into for the allocation of such expenses between them.
Other Agreement each Note; LC Document; the Intercreditor Agreement; each Fee Letter; Lien Waiver; Borrowing Base Certificate, Compliance Certificate, financial statement or report delivered hereunder; or other document, instrument or agreement (other than this Agreement or a Security Document) now or hereafter delivered by an Obligor or other Person to Agent or a Lender in connection with any transactions relating hereto. Other Taxes: all present or future stamp or documentary taxes or any other excise or property taxes, charges or similar levies arising from any payment made under any Loan Document or from the execution, delivery or enforcement of, or otherwise with respect to, any Loan Document. Overadvance: as defined in Section 2.1.5. Overadvance Loan: a Base Rate Revolver Loan made when an Overadvance exists or is caused by the funding thereof. Participant: as defined in Section 13.2.
Other Agreement. At any time prior to the MainStreet Stockholders Meeting, by MainStreet in order to enter into an acquisition agreement or similar agreement with respect to a Superior Proposal which has been received and considered by MainStreet and the MainStreet Board of Directors in compliance with Section 5.5 hereof; provided that this Agreement may be terminated by MainStreet pursuant to this Section 7.1(i) only after the fifth business day following MainStreet’s provision of written notice to American advising American that the MainStreet Board of Directors is prepared to accept a Superior Proposal, and only if, during such five-business day period, American does not, in its sole discretion, make an offer to MainStreet that the MainStreet Board of Directors determines in good faith, after consultation with its financial and outside legal advisors, is at least as favorable as the Superior Proposal.
Other Agreement. Notwithstanding any provision to the contrary in this Agreement, in the event that Executive is entitled to severance payments under an employment agreement, severance agreement or any other agreement, to the extent required by section 409A of Code: (i) the severance payments provided under this Agreement shall be made in the same form as the severance payments provided under any other agreement and (ii) to the extent that, such other severance payments are subject to the six-month postponement period under section 409A of the Code, the severance payments provided under this Agreement shall also be subject to the six-month postponement period.
Other Agreement. “Other Agreement” means any and all agreements, documents and instruments (including, without limitation, promissory note(s), security agreement(s), pledge agreement(s) and guaranty(s)) executed by or on behalf of Customer in favor of FIMAT and/or an Affiliate, as such agreements, documents and instruments may be amended, supplemented or otherwise modified from time to time in accordance with their respective terms.
Other Agreement. In the event of a conflict between this Agreement and any other agreement between the Bank and the Depositor, the terms of this Agreement will prevail; PROVIDED, HOWEVER, that this Agreement shall not alter or affect any mandatory arbitration provision currently in effect between the Bank and the Depositor pursuant to a separate agreement.
Other Agreement. Except as permitted in or required by this Agreement, no stockholder has or shall (i) grant any proxy with respect to the Shares, (ii) enter into or agree to be bound by any voting trust with respect to any Shares or (iii) enter into any stockholder agreements or arrangements of any kind with any person with respect to any Shares, which in any such case is inconsistent with the provisions of this Agreement.