Common use of Prior Negotiations; Entire Agreement Clause in Contracts

Prior Negotiations; Entire Agreement. This Agreement (including the exhibits hereto and the documents and instruments referred to in this Agreement) constitutes the entire agreement of the parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, between the parties with respect to the subject matter of this Agreement.

Prior Negotiations; Entire Agreement. This Agreement and the Transaction Agreement (including the exhibits hereto and the documents and instruments referred to in this AgreementAgreement or the Transaction Agreement or entered into in connection therewith) constitutes constitute the entire agreement of the parties Parties and supersedes supersede all prior agreements, arrangements or understandings, whether written or oral, between the parties Parties with respect to the subject matter of this Agreement.

Prior Negotiations; Entire Agreement. This Agreement (including the exhibits hereto and the documents and instruments referred to in this Agreement) constitutes the entire agreement of the parties hereto and supersedes all prior agreements, arrangements or understandings, whether written or oral, between the parties hereto with respect to the subject matter of this Agreement.

Prior Negotiations; Entire Agreement. This Agreement (including the agreements attached as exhibits hereto to and the documents and instruments referred to in this Agreement) constitutes the entire agreement of the parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, between the parties with respect to the subject matter of this Agreement, except that the parties hereto acknowledge that any confidentiality agreements heretofore executed among the parties will continue in full force and effect.

Prior Negotiations; Entire Agreement. This Agreement (including the agreements attached as exhibits hereto to and the documents and instruments referred to in this Agreement) Agreement constitutes the entire agreement of the parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, between the parties with respect to the subject matter of this Agreement, except that the parties hereto acknowledge that any confidentiality agreements heretofore executed among the parties will continue in full force and effect.

Prior Negotiations; Entire Agreement. This Agreement and the Transaction Documents (including the exhibits hereto and the documents and instruments referred to in this AgreementAgreement and in any Transaction Document) constitutes constitute the entire agreement of the parties Parties and supersedes supersede all prior agreements, arrangements or understandings, whether written or oral, between the parties Parties with respect to the subject matter of this Agreement.

Prior Negotiations; Entire Agreement. This Agreement (including the exhibits hereto and the documents and instruments referred to in this Agreement) constitutes the entire agreement of the parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, between the parties with respect to the subject matter of this Agreement.

Prior Negotiations; Entire Agreement. This Agreement (including the exhibits hereto agreements attached as Schedules and Exhibits to and the documents and instruments referred to in this Agreement, including the Definitive Documents) constitutes constitute the entire agreement of the parties Parties and supersedes supersede all prior agreements, arrangements or understandings, whether written or oral, between among the parties Parties with respect to the subject matter of this Agreement.

Prior Negotiations; Entire Agreement. This Agreement (including the exhibits hereto and the documents and instruments referred to in this Agreement) constitutes the entire agreement of the parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, between the parties with respect to the subject matter of this Agreement, except that the parties hereto acknowledge that the Confidentiality Agreement shall continue in full force and effect in accordance with their terms and shall terminate no earlier than this Agreement.

Prior Negotiations; Entire Agreement. (a) This Agreement (including the exhibits hereto agreements attached as Exhibits to and the documents and instruments referred to in this Agreement) constitutes the entire agreement of the parties Parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, between among the parties Parties with respect to the subject matter of this Agreement, except that the Parties hereto acknowledge that any confidentiality agreements heretofore executed among the Parties and the Restructuring Support Agreement (including the Restructuring Term Sheet) will each continue in full force and effect.

Prior Negotiations; Entire Agreement. This Agreement (including the exhibits hereto and the documents and instruments referred to in this AgreementAgreement or entered into in connection therewith) constitutes constitute the entire agreement of the parties Parties and supersedes supersede all prior agreements, arrangements or understandings, whether written or oral, between the parties Parties with respect to the subject matter of this Agreement.

Prior Negotiations; Entire Agreement. This Agreement (including the exhibits hereto and the documents and instruments referred to in this Agreement) constitutes the entire agreement of the parties Parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, between the parties Parties with respect to the subject matter of this Agreement.

Prior Negotiations; Entire Agreement. (a) This Agreement (including the exhibits hereto agreements attached as Exhibits to and the documents and instruments referred to in this Agreement) constitutes the entire agreement of the parties Parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, between among the parties Parties with respect to the subject matter of this Agreement, except that the Parties hereto acknowledge that any Backstop Party Confidentiality Agreements heretofore executed will continue in full force and effect.

Prior Negotiations; Entire Agreement. (a) This Agreement (including the exhibits hereto agreements attached as Exhibits to and the documents and instruments referred to in this Agreement) constitutes the entire agreement of the parties Parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, between among the parties Parties with respect to the subject matter of this Agreement, except that the Parties hereto acknowledge that any confidentiality agreements heretofore executed among the Parties will continue in full force and effect.

Prior Negotiations; Entire Agreement. This Agreement Agreement, including the exhibits and schedules hereto (including the exhibits hereto and the documents and instruments referred to in this Agreement) Term Sheet), constitutes the entire agreement of the parties Parties, and supersedes all other prior agreements, arrangements or understandings, whether written or oral, between the parties with respect to negotiations regarding the subject matter of this Agreementmatters hereof and thereof.

Prior Negotiations; Entire Agreement. This Agreement (including the agreements attached as exhibits hereto to and the documents and instruments referred to in this Agreement) constitutes the entire agreement of the parties and supersedes all prior agreements, arrangements or agreements and understandings, whether written or oral, between the parties with respect to the subject matter of this Agreement, except that the parties hereto acknowledge that any confidentiality agreements heretofore executed among the parties will continue in full force and effect.

Prior Negotiations; Entire Agreement. This Agreement (Agreement, including the exhibits hereto and the documents and instruments referred to in this Agreement) schedules hereto, constitutes the entire agreement of the parties Restructuring Support Parties, and supersedes all other prior agreementsnegotiations, arrangements or understandings, whether written or oral, between the parties with respect to the subject matter of this Agreement, whether written or oral.

Prior Negotiations; Entire Agreement. (a) This Agreement (including the exhibits hereto agreements attached as Exhibits to and the documents and instruments referred to in this Agreement) constitutes the entire agreement of the parties Parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, between among the parties Parties with respect to the subject matter of this Agreement, except that the Parties hereto acknowledge that any confidentiality agreements heretofore executed among the Parties and the Restructuring Support Agreement will continue in full force and effect in accordance with their terms.

Prior Negotiations; Entire Agreement. This Agreement (including the exhibits hereto and the documents and instruments referred to in this Agreement) constitutes the entire agreement of the parties hereto and supersedes all prior agreements, arrangements or understandings, whether written or oral, between the parties hereto with respect to the subject matter of this Agreement.

Prior Negotiations; Entire Agreement. This Agreement Agreement, including the exhibits and schedules hereto (including the exhibits hereto and the documents and instruments referred to in this Agreement) Term Sheet), constitutes the entire agreement of the parties Parties, and supersedes all other prior agreementsnegotiations, arrangements or understandings, whether written or oral, between the parties with respect to the subject matter of this Agreementhereof and thereof.

Prior Negotiations; Entire Agreement. (a) This Agreement (including the exhibits hereto agreements attached as Exhibits to and the documents and instruments referred to in this Agreement) constitutes the entire agreement of the parties Parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, between among the parties Parties with respect to the subject matter of this Agreement, except that the Parties hereto acknowledge that any confidentiality agreements heretofore executed among the Parties and the Restructuring Support Agreement will continue in full force and effect.

Prior Negotiations; Entire Agreement. (a) This Agreement (including the exhibits hereto agreements attached as Exhibits to and the documents and instruments referred to in this Agreement) constitutes the entire agreement of the parties Parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, between among the parties Parties with respect to the subject matter of this Agreement (including but not limited to the Plan Term Sheet and the Original Agreement).

Prior Negotiations; Entire Agreement. This Agreement (including the exhibits hereto and Agreement, together with the documents and instruments attached as schedules, annexes or exhibits to and referred to in this Agreement) , constitutes the entire agreement of the parties with respect to the Rights Offering and supersedes all prior agreementsagreements (including the Prior Agreement), arrangements or understandings, whether written or oral, between the parties or any of their respective Affiliates with respect to the subject matter of this Agreementtransactions contemplated hereby.

Prior Negotiations; Entire Agreement. (a) This Agreement (including the exhibits Exhibits and Schedules hereto and the documents and instruments referred to in this Agreement) constitutes the entire agreement of the parties Parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, between among the parties Parties with respect to the subject matter of this Agreement, except that the Parties hereto acknowledge that any confidentiality agreements heretofore executed among the Parties and the Restructuring Support Agreement will continue in full force and effect in accordance with their terms.

Prior Negotiations; Entire Agreement. This Agreement (including the agreements attached as exhibits hereto to and the documents and instruments referred to in this Agreement) constitutes the entire agreement of the parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, between the parties with respect to the subject matter of this Agreement, except that the parties hereto acknowledge that any confidentiality agreements, heretofore executed among the parties will continue in full force and effect.

Prior Negotiations; Entire Agreement. (a) This Agreement (including the exhibits hereto agreements attached as Exhibits to and the documents and instruments referred to in this Agreement) constitutes the entire agreement of the parties Parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, between among the parties Parties with respect to the subject matter of this Agreement, except that the Parties hereto acknowledge that any confidentiality agreements heretofore executed among the Parties and the Plan Support Agreement (including the Plan Term Sheet) will each continue in full force and effect.

Prior Negotiations; Entire Agreement. This Agreement (including the exhibits hereto and the documents and instruments referred to in this Agreement) constitutes the sole and entire agreement of the parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, between the parties with respect to the subject matter of this Agreementcontained herein and therein, and supersede all other prior representations, warranties, understandings and agreements, both written and oral, with respect to such subject matter.

Prior Negotiations; Entire Agreement. (a) This Agreement (including the exhibits hereto agreements attached as Exhibits to and the documents and instruments referred to in this Agreement) constitutes the entire agreement of the parties Parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, between among the parties Parties with respect to the subject matter of this Agreement, except that the Parties hereto acknowledge that any confidentiality agreements heretofore executed between or among the Parties and the RSA (including the Term Sheet) will each continue in full force and effect in accordance with their terms.

Prior Negotiations; Entire Agreement. This Agreement (including the agreements attached as exhibits hereto and schedules to and the documents and instruments referred to in this Agreement) constitutes the entire agreement of the parties Parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, between among the parties Parties with respect to the subject matter of this Agreement.

Prior Negotiations; Entire Agreement. This Agreement (including the exhibits hereto and the documents and instruments referred to in this Agreement) constitutes the entire agreement of the parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, between the parties with respect to the subject matter of this Agreement, except that the parties hereto acknowledge that any confidentiality agreements heretofore executed among the parties will continue in full force and effect.

Prior Negotiations; Entire Agreement. This Agreement (including the agreements attached as exhibits hereto and schedules to and the documents and instruments referred to in this Agreement) constitutes the entire agreement of the parties Parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, among the Parties (including, with respect to any Investor, any prior agreement between the parties Company and any of such Investor’s Affiliates) with respect to the subject matter of this Agreement.

Prior Negotiations; Entire Agreement. This Agreement (including the exhibits Schedules and Exhibits attached hereto and the documents and instruments referred to in this AgreementAncillary Agreements) constitutes the entire agreement of the parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, between the parties with respect to the subject matter of this Agreement, except that the parties hereto acknowledge that any confidentiality agreements heretofore executed among the parties will continue in full force and effect.

Prior Negotiations; Entire Agreement. This Agreement (including the exhibits hereto and the documents and instruments referred to in this Agreement) constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, arrangements or understandings, whether written or oral, between the parties with respect to the subject matter of this Agreementhereof.

Prior Negotiations; Entire Agreement. (a) This Agreement (including the exhibits hereto agreements attached as Exhibits to and the documents and instruments referred to in this Agreement) constitutes constitute the entire agreement of the parties Parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, between among the parties Parties with respect to the subject matter of this Agreement, except that the Parties hereto acknowledge that any confidentiality agreements heretofore executed among the Parties and the Global Settlement will each continue in full force and effect.

Prior Negotiations; Entire Agreement. This Agreement (including the exhibits hereto and the documents and instruments referred to in this Agreement) constitutes the entire agreement of the parties Parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, between the parties Parties with respect to the subject matter of this Agreement.. Execution Version – July 15th, 2015

Prior Negotiations; Entire Agreement. This Agreement (including the agreements attached as exhibits hereto to and the documents and instruments referred to in this Agreement) Agreement constitutes the entire agreement of the parties and supersedes all prior agreementsagreements (including the Original Agreement), arrangements or understandings, whether written or oral, between the parties with respect to the subject matter of this Agreement, except that the parties hereto acknowledge that any confidentiality agreements heretofore executed among the parties will continue in full force and effect.

Prior Negotiations; Entire Agreement. This Agreement (including Agreement, including, without limitation, the agreements and documents attached as exhibits hereto to and the documents and instruments referred to in this Agreement) , constitutes the entire agreement of the parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, between the parties with respect to the subject matter of this Agreement, except that the parties hereto acknowledge that any confidentiality agreements heretofore executed among the parties shall continue in full force and effect.

Prior Negotiations; Entire Agreement. This Agreement (including the exhibits hereto and the documents and instruments attached as exhibits to and referred to in this Agreement) , constitutes the entire agreement of the parties with respect to the Rights Offering and supersedes all prior agreements, arrangements or understandings, whether written or oral, between the parties with respect to the subject matter of this Agreementtransactions contemplated hereby.

Prior Negotiations; Entire Agreement. This Agreement (including the exhibits hereto and Agreement, together with the documents and instruments attached as schedules, annexes or exhibits to and referred to in this Agreement) , constitutes the entire agreement of the parties Parties with respect to the Offering and supersedes all prior agreements, arrangements or understandings, whether written or oral, between the parties Parties or any of their respective affiliates with respect to the subject matter of this Agreementtransactions contemplated hereby.

Prior Negotiations; Entire Agreement. (a) This Agreement (including the exhibits hereto agreements attached as Exhibits to and the documents and instruments referred to in this Agreement) constitutes the entire agreement of the parties Parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, between among the parties Parties with respect to the subject matter of this Agreement, except that the Parties hereto acknowledge that any confidentiality agreements heretofore executed among the Parties and the Plan Support Agreement will each continue in full force and effect.

Prior Negotiations; Entire Agreement. This Agreement (including the exhibits hereto and Transaction Agreement, the other documents and instruments referred to in this AgreementAgreement and the agreements attached as exhibits thereto) constitutes the entire agreement of the parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, between the parties with respect to the subject matter of this Agreement, except that the parties hereto acknowledge that any confidentiality agreements heretofore executed among the parties will continue in full force and effect.

Prior Negotiations; Entire Agreement. (a) This Agreement (including the exhibits hereto exhibits, the schedules, and the other documents and instruments referred to herein and in this the Transaction Support Agreement) constitutes the entire agreement of the parties Parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, between among the parties Parties with respect to the subject matter of this Agreement, except that the Parties hereto acknowledge that any confidentiality agreements heretofore executed between or among the Parties and the Transaction Support Agreement will each continue in full force and effect.

Prior Negotiations; Entire Agreement. This Agreement (including and any certificates, documents, instruments and writings delivered pursuant to it represent the exhibits hereto and the documents and instruments referred to in this Agreement) constitutes the entire complete agreement of the parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, between the parties with respect hereto as to all matters covered hereby, and supersede any prior agreements or understandings between the subject matter of this Agreementparties.

Prior Negotiations; Entire Agreement. (a) This Agreement (including the exhibits hereto agreements attached as Exhibits to and the documents and instruments referred to in this Agreement) constitutes the entire agreement of the parties Parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, between among the parties Parties with respect to the subject matter of this Agreement, except that the Parties hereto acknowledge that any confidentiality agreements heretofore executed between or among the Parties will each continue in full force and effect.

Prior Negotiations; Entire Agreement. (a) This Agreement (including the exhibits hereto agreements attached as Exhibits to and the documents and instruments referred to in this Agreement) constitutes the entire agreement of the parties Parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, between among the parties Parties with respect to the subject matter of this Agreement (including but not limited to the Plan Term Sheet, the First Amended and Restated Agreement and the Original Agreement).

Prior Negotiations; Entire Agreement. This Agreement (including the agreements attached as exhibits hereto and schedules to and the documents and instruments referred to in this Agreement) constitutes the entire agreement of the parties hereto and supersedes all prior agreements, arrangements or understandings, whether written or oral, between among the parties hereto with respect to the subject matter of this Agreement.

Prior Negotiations; Entire Agreement. This Except as otherwise provided for in Section 6.13, this Agreement (including the exhibits hereto and the documents and instruments referred to in this Agreementhereto) constitutes the entire agreement of the parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, between the parties with respect to the subject matter of this Agreement.

Prior Negotiations; Entire Agreement. (a) This Agreement (including the exhibits hereto agreements attached as Exhibits to and the documents and instruments referred to in this Agreement) constitutes the entire agreement of the parties Parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, between among the parties Parties with respect to the subject matter of this AgreementAgreement (including but not limited to the Plan Term Sheet).

Prior Negotiations; Entire Agreement. This Agreement (including the agreements attached as exhibits hereto to and the documents and instruments referred to in this Agreement) constitutes the entire agreement of the parties and supersedes all prior agreements, arrangements or agreements and understandings, whether written or oral, between the parties with 18 respect to the subject matter of this Agreement, except that the parties hereto acknowledge that any confidentiality agreements heretofore executed among the parties will continue in full force and effect.

Prior Negotiations; Entire Agreement. This Agreement (including the exhibits hereto agreements attached as Exhibits to and the documents and instruments referred to in this Agreement) constitutes the entire agreement of the parties Parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, between among the parties Parties with respect to the subject matter of this Agreement, except that the Parties hereto acknowledge that any confidentiality agreements heretofore executed among the Parties will continue in full force and effect.

Prior Negotiations; Entire Agreement. This Agreement (including the agreements attached as exhibits hereto to and the documents and instruments referred to in this Agreement, including the Existing Confidentiality Agreement) constitutes the entire agreement of the parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, between the parties with respect to the subject matter of this Agreement, except that the parties hereto acknowledge that any confidentiality agreements heretofore executed among the parties will continue in full force and effect.

Prior Negotiations; Entire Agreement. (a) This Agreement (including the exhibits hereto agreements attached as Exhibits to and the documents and instruments referred to in this Agreement) constitutes the entire agreement of the parties Parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, between among the parties Parties with respect to the subject matter of this Agreement, except that the Parties hereto acknowledge that any confidentiality agreements heretofore executed among any of the Parties will continue in full force and effect.

Prior Negotiations; Entire Agreement. This Agreement (including the exhibits hereto and the documents and instruments referred to in this Agreement, which are incorporated herein by reference and made part of this Agreement as if fully set forth herein) constitutes the entire agreement of the parties hereto and supersedes all prior agreements, arrangements or understandings, whether written or oral, between among the parties hereto with respect to the subject matter of this Agreement. .

Prior Negotiations; Entire Agreement. This Agreement (Agreement, including the exhibits hereto and the documents and instruments referred to in this Agreement) schedules hereto, constitutes the entire agreement of the parties Parties, and supersedes all other prior agreementsnegotiations, arrangements or understandings, whether written or oral, between the parties with respect to the subject matter of this Agreementhereof and thereof.

Prior Negotiations; Entire Agreement. This Agreement (including the exhibits hereto and the documents and instruments referred to in this Agreement) Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, arrangements or understandings, whether written or oral, between the parties with respect to the subject matter of this Agreementtransactions contemplated hereby.

Prior Negotiations; Entire Agreement. This Agreement (Agreement, including the exhibits hereto and schedules hereto, including the documents and instruments referred to in this Agreement) Term Sheet, constitutes the entire agreement of the parties Parties, and supersedes all other prior agreementsnegotiations, arrangements or understandings, whether written or oral, between the parties with respect to the subject matter of this Agreementhereof.

Prior Negotiations; Entire Agreement. This Agreement (Agreement, including the exhibits hereto and the documents and instruments referred to in this Agreement) all Exhibits, constitutes the entire agreement and understanding of the parties Parties and supersedes all other prior negotiations, agreements, arrangements or understandings, whether written or oral, between the parties in each case with respect to the subject matter of this Agreementhereof.

Prior Negotiations; Entire Agreement. (a) This Agreement (including the exhibits hereto documents attached as Exhibits to and the documents and instruments referred to in this Agreement) constitutes the entire agreement of the parties Parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, between among the parties Parties with respect to the subject matter of this Agreement, except that the Parties hereto acknowledge that any confidentiality agreements heretofore executed among the Parties will each continue in full force and effect.

Prior Negotiations; Entire Agreement. (a) This Agreement (including the exhibits hereto agreements attached as Exhibits to and the documents and instruments referred to in this Agreement) constitutes constitute the entire agreement of the parties Parties and supersedes supersede all prior agreements, arrangements or understandings, whether written or oral, between among the parties Parties with respect to the subject matter of this Agreement, except that the Parties hereto acknowledge that any confidentiality agreements heretofore executed among the Parties will each continue in full force and effect.