Cumulative Effect; Conflict of Terms. The provisions of the Loan Documents are cumulative. The parties acknowledge that the Loan Documents may use several limitations, tests or measurements to regulate similar matters, and they agree that these are cumulative and that each must be performed as provided. Except as otherwise provided in another Loan Document (by specific reference to the applicable provision of this Agreement), if any provision contained herein is in direct conflict with any provision in another Loan Document (other than the Intercreditor Agreement), the provision herein shall govern and control, and if any provision contained herein is in direct conflict with any provision in the Intercreditor Agreement, the provision in the Intercreditor Agreement shall govern and control.
Appears in 1 contract
Sources: Loan and Security Agreement (United Maritime Group, LLC)
Cumulative Effect; Conflict of Terms. The provisions of the Loan Documents are cumulative. The parties acknowledge that the Loan Documents may use several limitations, tests or measurements to regulate similar matters, and they agree that these are cumulative and that each must be performed as provided. Except as otherwise provided in another Loan Document (by specific reference to the applicable provision of this Agreement), if any provision contained herein is in direct conflict with any provision in another Loan Document (other than the Intercreditor Agreement)Document, the provision herein shall govern and control. It is expressly acknowledged and agreed that Agent and ▇▇▇▇▇▇▇’ rights and remedies hereunder are subject to the terms and conditions of the Intercreditor Agreement, and if in the event of any provision contained herein is in direct conflict with any provision in between the Loan Documents and the Intercreditor Agreement, the provision in the Intercreditor Agreement shall govern and control.
Appears in 1 contract
Sources: Loan and Security Agreement
Cumulative Effect; Conflict of Terms. The provisions of the Loan Documents are cumulative. The parties acknowledge that the Loan Documents may use several limitations, tests or measurements to regulate similar matters, and they agree that these are cumulative and that each must be performed as provided; provided that any matter disclosed on a disclosure schedule shall, to the extent relevant, be deemed included on each other disclosure schedule. Except as otherwise provided in another Loan Document (by specific reference to the applicable provision of this Agreement), if any provision contained herein is in direct conflict with any provision in another Loan Document (other than the Intercreditor Agreement)Document, the provision herein shall govern and control, and if any provision contained herein is in direct conflict with any provision in the Intercreditor Agreement, the provision in the Intercreditor Agreement shall govern and control.
Appears in 1 contract
Sources: Loan Agreement (Solo Cup CO)
Cumulative Effect; Conflict of Terms. The provisions of the Loan Documents are cumulative. The parties acknowledge that the Loan Documents may use several limitations, tests limitations or measurements to regulate similar matters, and they agree that -103- DM3\8972795.2 these are cumulative and that each must be performed as provided. Except as otherwise provided in another Loan Document (by specific reference to the applicable provision of this Agreement), if any provision contained herein is in direct conflict with any provision in another Loan Document (other than the Intercreditor Agreement), the provision herein shall govern and control, and if any provision contained herein is in direct conflict with any provision in the Intercreditor Agreement, the provision in the Intercreditor Agreement shall govern and control.
Appears in 1 contract
Cumulative Effect; Conflict of Terms. The provisions of the Loan Documents are cumulative. The parties acknowledge that the Loan Documents may use several limitations, tests or measurements to regulate similar matters, and they agree that these are cumulative and that each must be performed as provided. Except as otherwise provided in another Loan Document (by specific reference to the applicable provision of this Agreement), if any provision contained herein is in direct conflict with any provision in another Loan Document (other than the Intercreditor Agreement)Document, the provision herein shall govern and control. It is expressly acknowledged and agreed that Agent and Lenders’ rights and remedies hereunder are subject to the terms and conditions of the Intercreditor Agreement, and if in the event of any provision contained herein is in direct conflict with any provision in between the Loan Documents and the Intercreditor Agreement, the provision in the Intercreditor Agreement shall govern and control.
Appears in 1 contract