Controlling Provision. The provisions of this Section 17 shall control, and be effective, notwithstanding the provisions of the Uniform Vendor and Purchaser Risk Act set forth in Section 5.007 of the Texas Property Code.
Controlling Provision. This Section 6.1 shall not apply to filings or consents under Antitrust Laws or Foreign Direct Investment Laws, which shall be governed by the obligations set forth in Section 6.2.
Controlling Provision. Notwithstanding any other provision hereof, as long as STC continues to only own non-voting securities in Smitx Xxxuisition Company, the Board shall have no authority to direct or control the management of Smitx Xxxuisition Company or television broadcast station WTOV-TV, Channel 9, Steubenville, Ohio.
Controlling Provision. This Section 6.2 and not Section 6.1, shall govern and define the obligations of the parties hereto with respect to making any filings, notifications with respect to, or obtaining any approvals under, the HSR Act, other Antitrust Laws, or Foreign Direct Investment Laws.
Controlling Provision. This Section 20 shall control in the event of a conflict with any other provision of this Agreement.
Controlling Provision. OpNext Japan, the Clarity Parties and Hitachi acknowledge and agree that the indemnification obligations of Hitachi pursuant to this Section 11 supersede and preempt in their entirety the indemnification obligations of Hitachi contained in Section 24(d) of the Stock Purchase Agreement to the extent such indemnification obligations cover the same subject matter as the subject matter hereof.
Controlling Provision. Contemporaneously with the execution of this Mortgage, Grantor is executing an Assignment of Leases and Rents (herein so called) in favor of the Noteholder. To the extent any provision of Paragraph 3.1 above is construed to contradict, conflict with or be inconsistent with any term, condition or provision contained in the Assignment of Leases and Rents, the applicable terms, conditions and provisions of the Assignment of Leases and Rents shall supersede such contradicting, conflicting or inconsistent provisions of paragraph 3.1 and shall control.
Controlling Provision. In the event of any conflict between the provisions of this ARTICLE XIII and any other provisions of this Lease, the provisions of this ARTICLE XIII shall control.
Controlling Provision. To the extent the provisions of this Second Amendment are inconsistent with the Lease, the terms of this Second Amendment shall control.
Controlling Provision. All agreements between Company and Purchaser are expressly limited so that, and Company and Purchaser intend and agree that, in no contingency or event whatsoever, whether by reason of advancement of the proceeds of the Notes, acceleration of maturity of the unpaid principal balance thereof, or otherwise, shall the amount paid or agreed to be paid to Purchaser for the use, forbearance or detention of the money to be advanced hereunder exceed the lesser of the sums payable under the Notes or the highest lawful rate permissible under applicable usury law. In the determination of the rate of interest under this provision, any charges which are determined to be interest shall be spread over the term of the Loan in ascertaining whether the interest rate has exceeded the highest lawful rate permissible under applicable law. If, from any circumstances whatsoever, fulfillment of any provision of the Note or of the mortgages securing the Notes, or any other agreement referred to therein or otherwise relating to the Notes, at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by law which a court of competent jurisdiction may deem applicable thereto, then ipso facto, the obligation to be fulfilled shall be reduced to the limit of such validity, and if, from any circumstance, Purchaser shall ever receive as interest an amount which would exceed the sums payable under the Notes or the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the unpaid principal balance due as of the date such amount is received or deemed to be received by Purchaser and not to the payment of interest. This provision shall control every other provision of all agreements between Company and Purchaser. However, in the event an amount determined to be excessive interest is applied against the unpaid principal balance, and thereafter the rate of interest accruing under the Notes decrease, the Notes shall, in fact accrue interest at the then sums payable under the Notes or the highest lawful rate until such time that an amount accrues equal to the amount of excessive interest previously applied against principal. Notwithstanding the foregoing, if the provisions of any law or regulation of the United States or any agency or instrumentality thereof, as amended, which validly superseded any restriction of the State of New York, would permit Purchaser to charge or receive a rate of intere...
