Common use of Prior Negotiations; Entire Agreement Clause in Contracts

Prior Negotiations; Entire Agreement. (a) This Agreement (including the exhibits, the schedules, and the other documents and instruments referred to herein and in the RSA) constitutes the entire agreement of the Parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, among the 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 Restructuring Term Sheet) will each continue in full force and effect.

Appears in 2 contracts

Samples: Backstop Commitment Agreement (Revlon Consumer Products Corp), Backstop Commitment Agreement (Invacare Corp)

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Prior Negotiations; Entire Agreement. (a) This Agreement (including the exhibits, the schedules, and the other documents and instruments referred to herein and in the RSA) constitutes the entire agreement of the Parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, among the Parties with respect to the subject matter of this Agreement (including but not limited to the Initial Backstop Agreement), except that the Parties hereto acknowledge that any confidentiality agreements heretofore executed between or among the Parties and the RSA (including the Restructuring Term Sheet) will each continue in full force and effect.

Appears in 1 contract

Samples: Backstop Commitment Agreement (Invacare Corp)

Prior Negotiations; Entire Agreement. (a) This Agreement (Agreement, including the exhibitsexhibits and schedules hereto, the schedules, and the other documents and instruments referred to herein and in the RSA) constitutes the entire agreement of the Parties Parties, and supersedes all other prior agreementsnegotiations, arrangements or understandings, whether written or oral, among the Parties with respect to the subject matter of this Agreementhereof, except that the Parties hereto acknowledge that any confidentiality agreements heretofore executed between or among the Parties and the Supporting Noteholder RSA (including the Restructuring Term Sheet) will each shall continue in full force and effect, except to the extent modified hereby.

Appears in 1 contract

Samples: Plan Support Agreement (Nuverra Environmental Solutions, Inc.)

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

Appears in 1 contract

Samples: Backstop Commitment Agreement (Breitburn Energy Partners LP)

Prior Negotiations; Entire Agreement. (a) This Agreement (including the exhibits, the schedules, and the other documents and instruments referred to herein and in the RSA) constitutes the entire agreement of the Parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, among the 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 Restructuring Term Sheet) will each continue in full force and effect.

Appears in 1 contract

Samples: Backstop Commitment Agreement (Revlon Consumer Products Corp)

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Prior Negotiations; Entire Agreement. (a) This Agreement (including the exhibits, the schedules, agreements attached as Exhibits to and the other documents and instruments referred to herein and in the RSAthis Agreement) constitutes the entire agreement of the Parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, among the 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 Restructuring Term Sheet) will each continue in full force and effect.

Appears in 1 contract

Samples: Backstop Commitment Agreement (Momentive Performance Materials Inc.)

Prior Negotiations; Entire Agreement. (a) This Agreement (including the exhibits, the schedules, and the other documents and instruments referred to herein and in the RSA) constitutes the entire agreement of the Parties and supersedes all prior agreements, arrangements or understandings, whether written or oral, among the Parties with 58 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 Restructuring Term Sheet) will each continue in full force and effect.

Appears in 1 contract

Samples: Backstop Commitment Agreement (Party City Holdco Inc.)

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