Provisions Incorporated by Reference. (a) Subject to Section 3(b), the provisions of the Underwriting Agreement (other than Section 2, Section 3, Section 4, Section 7, Section 9 and Section 10 thereof) are incorporated herein by reference, mutatis mutandis, and the Company hereby makes the representations and warranties, and agrees to comply with the covenants and obligations, set forth in the provisions of the Underwriting Agreement incorporated by reference herein, as modified by the provisions of Section 3(b) hereof.
Provisions Incorporated by Reference. (a) Subject to Section 3(b), the provisions of Sections ____ and ____ of the Underwriting Agreement shall be incorporated, as applicable into this Agreement and made applicable to the obligations of the Remarketing Underwriter, except as explicitly amended hereby.
Provisions Incorporated by Reference. The following provisions of the Separation and Distribution Agreement are hereby incorporated herein by reference and shall apply as if fully set forth herein mutatis mutandis: (a) Section 6.3 (Compensation for Providing Information), (b) Section 6.5 (Limitations of Liability); and (c) Section 6.9 (Confidentiality).
Provisions Incorporated by Reference. This Subcontract includes the appropriate flow-down clauses as required by the Federal Acquisition Regulation and the USAID Acquisition Regulation. The following Federal Acquisition Regulation (FAR) clauses apply to this Subcontract as indicated: * The version of the clause in effect as of the date of prime contract award, governs. Clause Number Title Date* Notes and Applicability
Provisions Incorporated by Reference. The terms of my RSU Award are incorporated herein by reference.
Provisions Incorporated by Reference. [incorporate the following text, beginning with paragraph (a), including the specified replacement text for Section 10 of the Underwriting Agreement (as defined below), if the Remarketing Agents have determined, based on advice of counsel, that applicable law, regulations or interpretations of the Commission make it necessary or advisable to deliver a current prospectus or other offering document in connection with this Remarketing:
Provisions Incorporated by Reference. (a) Subject to Section 3(b), the provisions of the Underwriting Agreement shall be incorporated, as applicable, into this Agreement and made applicable to the obligations of the Remarketing Underwriter, except as explicitly amended hereby (with such changes as the Company, the Purchase Contract Agent and the Remarketing Agent may agree upon, it being understood that changes may be necessary in the representations, warranties, covenants and other provisions hereof due to changes in law or facts and circumstances).
Provisions Incorporated by Reference. (a) If the Remarketing Agent has determined, based on advice of counsel, that applicable law, regulations or interpretations of the Commission make it necessary or advisable to deliver a current prospectus or other offering document in connection with this remarketing, the entirety of the Underwriting Agreement (other than the Schedules thereto and Sections [1], [5], [6] and [11] thereof and Subsections [7(e)], [7(h)], [8(c)(ii)] and [8(g)] thereof) shall be incorporated by reference into this Agreement and, to the extent they are relevant to a remarketing of the Subject Debentures, made applicable hereto, except as explicitly amended hereby; provided that (i) the following sentence shall be added at the beginning of Section 3(__): "The Remarketing Agreement, as
Provisions Incorporated by Reference. This Subcontract includes the appropriate flow- down clauses as required by the Federal Acquisition Regulation and the USAID Acquisition Regulation. Y.5
Provisions Incorporated by Reference. Sections 9 (Remedies), 10 (Limitation on Liabilities), 11 (Governing Law; Arbitration), 12 (No Modification), 13 (No Waiver of Rights), 14 (Counterparts; Entire Agreement), 15 (Severability), 16 (Successors) and 17 (No Third Party Beneficiaries) of the Consortium Agreement shall apply in this Agreement as if incorporated herein mutatis mutandis, on the basis that the references to “the Consortium Members” in such sections shall be deemed for purposes of this Section 6 to be a reference to “the Parties”, and references in such sections to “this Agreement” shall be deemed to mean this Agreement.
