FII » Topics » ENTIRE AGREEMENT; MODIFICATION

This excerpt taken from the FII 10-Q filed Oct 24, 2008.

SECTION 12. ENTIRE AGREEMENT; MODIFICATION

(a) This Agreement, together with its Exhibits and Schedules, contains the entire agreement and all understandings, and supersedes all prior agreements and understandings, both written and oral, between the Parties with respect to the Transactions. This Agreement shall not be modified, supplemented, changed, or amended, except by an instrument in writing signed by, or on behalf of, Federated and the Adviser (and, for provisions applicable to any Owner, the applicable Owner), making specific reference to this Agreement.

(b) Notwithstanding the foregoing, the (i) Confidentiality Agreement dated as of June 12, 2008, and (ii) the Nondisclosure Agreement dated as June 13, 2008, in each case between the Adviser and Federated, shall remain in full force and effect in accordance with their terms. With respect to such agreements, the Parties agree that it shall apply to the Adviser and each Owner equally as if each of them had been original parties thereto.

This excerpt taken from the FII 10-Q filed Aug 1, 2007.

SECTION 12. ENTIRE AGREEMENT; MODIFICATION

(a) This Agreement, together with its Exhibits and Schedules, contains the entire agreement and all understandings, and supersedes all prior agreements and understandings, both written and oral, between the Parties with respect to the Transactions. This Agreement shall not be modified, supplemented, changed, or amended, except by an instrument in writing signed by, or on behalf of, Federated and the Adviser (and, for provisions applicable to Parent or the Owners (as applicable), Parent or the Owners (as applicable)), making specific reference to this Agreement.

(b) Notwithstanding the foregoing, the Nondisclosure Agreement between the Adviser and Federated effective as of September 29, 2006 (as supplemented by that certain Exclusivity Letter, dated February 7, 2007) shall remain in full force and effect in accordance with its terms. With respect to such Nondisclosure Agreement, the Parties agree that it shall apply to the Adviser, Parent and the Owners equally as if all of them had been original parties thereto.

 

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This excerpt taken from the FII 10-K filed Mar 4, 2005.

ENTIRE AGREEMENT; MODIFICATION

 

This Agreement, together with its Exhibits and Schedules, and the other Transaction Documents, contains the entire agreement and all understandings, and supersedes all prior agreements and understandings, both written and oral, between the Parties with respect to the Transactions. This Agreement and the other Transaction Documents shall not be modified, supplemented, changed, or amended except by an instrument in writing signed by, or on behalf of, all Parties to this Agreement or the other Transaction Documents (as applicable), making specific reference to this Agreement or the other Transaction Documents (as applicable).

 

Notwithstanding the foregoing, the Exclusivity Letter Agreement, dated September 21, 2004, between Federated and Alliance, the Nondisclosure Letter Agreement, dated October 1, 2004, between Federated and Alliance relating to Federated proprietary information, and the Nondisclosure Letter Agreement, dated March 26, 2004, between Federated and Alliance relating to Alliance confidential information, each shall remain in full force and effect in accordance with their terms.

 

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