Conflict with Credit Agreement. In the event of any conflict or inconsistency between the terms and provisions of this Mortgage and the terms and provisions of the Credit Agreement, the terms and provisions of the Credit Agreement shall govern, other than with respect to the Section of this Mortgage captioned "Governing Law, etc.". By their execution of the Credit Agreement, each Lender hereby agrees that it shall not have the right to institute any suit for enforcement of Notes or any other Indebtedness secured by this Mortgage or any other Security Document, if and to the extent that the institution or prosecution thereof or the entry of judgment therein would, under applicable law, result in the surrender, impairment, waiver or loss of the Lien of this Mortgage or any other Security Document or impede or delay the enforcement of the Lien of this Mortgage or any other Security Document.
Conflict with Credit Agreement. If there is any conflict or inconsistency between the terms of the Credit Agreement and the terms of this Agreement, the provisions of the Credit Agreement shall govern to the extent necessary to remove the conflict or inconsistency.
Conflict with Credit Agreement. In the event of any conflict between the terms of this Section 5 and the Credit Agreement, the Credit Agreement shall prevail.
Conflict with Credit Agreement. This Deed shall be read together with the Credit Agreement but in case of any conflict between the two instruments, the provisions of the Credit Agreement shall prevail.
Conflict with Credit Agreement. In the event of any conflict between the terms of this Section 5 and the Credit Agreement, the Credit Agreement shall control.
Conflict with Credit Agreement. In the event of a conflict between any provision of this Security Agreement and a provision of the Loan Agreement, the provision of the Loan Agreement shall control; provided, however, the inclusion in this Security Agreement of a provision with respect to which there is no corresponding provision in the Loan Agreement shall not constitute a conflict with any provision of the Loan Agreement.
Conflict with Credit Agreement. In the event of any conflict or inconsistency between the terms and provisions of this Mortgage and the terms and provisions of the Credit Facility Documents or any Additional Debt Documents, the terms and provisions of the Credit Facility Documents and any Additional Debt Documents, shall govern, other than with respect to the section of this Mortgage captioned “Governing Law, etc.”.
Conflict with Credit Agreement. In the event of any conflict between the terms of this Agreement and the terms of the Credit Agreement, the terms of the Credit Agreement shall control.
Conflict with Credit Agreement. In the event of any conflict between this Amendment and the terms of the Credit Agreement, the terms of the Credit Agreement will be deemed to control. The parties hereto have caused this Amendment to be executed by their duly authorized officers, all as of the day and year first above written. NOVAMED, INC. By: /s/ Xxxxx X. Xxxxxxxx Its: Executive Vice President and Chief Financial Officer NATIONAL CITY BANK, as Agent By: /s/ Xxxxx X. Xxxxxxxx Its: Vice President ANNEX A TO PLEDGE AGREEMENT AMENDMENT SCHEDULE II ACKNOWLEDGMENT OF SECURITY INTEREST [NAME OF PLEDGED ENTITY] (the “Company”) hereby acknowledges receipt of a copy of the assignment by NOVAMED, INC. (the “Pledgor”) of its interest under the [TITLE OF AGREEMENT] (the “Agreement”) pursuant to the terms of the Pledge Agreement, dated as of June 28, 2000 (as amended, restated or otherwise modified from time to time the “Pledge Agreement”), among the Pledgor and National City Bank of Michigan/Illinois, as Agent. The undersigned hereby further confirms the registration of the Pledgor’s pledge of its interest in the Company to the Agent on the Company’s books. The Company agrees that at any time prior to the Maturity Date (as defined in the Pledge Agreement), it will not take or approve any action in furtherance of deeming the interests of the Company to be an uncertificated “security” within the meaning of § 8-103(c) of the UCC (as defined in the Pledge Agreement) and that its membership or partnership interest shall at all times be general intangibles under the UCC. Dated: [NAME OF PLEDGED ENTITY] By: Title: FIRST AMENDMENT TO BORROWER SECURITY AGREEMENT THIS FIRST AMENDMENT TO BORROWER SECURITY AGREEMENT (“Amendment”) is made as of June 20, 2007 by and between NOVAMED, INC., a Delaware corporation (the “Borrower” and “Grantor”) and NATIONAL CITY BANK (the “Agent”).
Conflict with Credit Agreement. In the event of any conflict or inconsistency between the terms and provisions of this Mortgage and the terms and provisions of the Credit Agreement, the terms and provisions of the Credit Agreement shall govern, other than with respect to the Governing Law provision set forth in Section 31 hereof. This Mortgage has been duly executed by Mortgagor on the date first above written. [MORTGAGOR] By: ------------------------- Name: -------------------- Title: -------------------- [Insert appropriate acknowledgment] Schedule A ---------- Description of the Premises [Attach Legal Description of all parcels] EXHIBIT A-4 ---------------------------------------------------------------------------- COLLATERAL SHARING AGREEMENT Dated as of October 6, 1998 between GENERAL SIGNAL CORPORATION and THE CHASE MANHATTAN BANK, as Collateral Agent ---------------------------------------------------------------------------- TABLE OF CONTENTS PREAMBLE..................................................................... 1
