Common use of Inconsistencies with Other Documents; Independent Effect of Covenants Clause in Contracts

Inconsistencies with Other Documents; Independent Effect of Covenants. (a) In the event there is a conflict or inconsistency between this Agreement and any other Loan Document, the terms of this Agreement shall control. (b) The Borrower expressly acknowledges and agrees that each covenant contained in Articles VIII, IX or X shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII, IX or X if, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII, IX or X.

Appears in 6 contracts

Sources: Credit Agreement (Suburban Propane Partners Lp), Credit Agreement (Suburban Propane Partners Lp), Credit Agreement (Suburban Propane Partners Lp)

Inconsistencies with Other Documents; Independent Effect of Covenants. (a) In the event there is a conflict or inconsistency between this Agreement and any other Loan Document, the terms of this Agreement shall control. (b) The Each Borrower expressly acknowledges and agrees that each covenant contained in Articles VIII, IX IX, or X hereof shall be given independent effect. Accordingly, the Borrower Borrowers shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII, IX IX, or X if, before or after giving effect to such transaction or act, the Borrower Borrowers shall or would be in breach of any other covenant contained in Articles VIII, IX IX, or X.

Appears in 3 contracts

Sources: Credit Agreement (Tessco Technologies Inc), Credit Agreement (Tessco Technologies Inc), Credit Agreement (Tessco Technologies Inc)

Inconsistencies with Other Documents; Independent Effect of Covenants. (a) In the event there is a conflict or inconsistency between this Agreement and any other Loan Document, the terms of this Agreement shall control. (b) The Borrower Borrowers expressly acknowledges acknowledge and agrees agree that each covenant contained in Articles VIIIIX, IX X or X XI hereof shall be given independent effect. Accordingly, the Borrower Borrowers shall not engage in any transaction or other act otherwise permitted prohibited under any covenant contained in Articles VIIIIX, IX X or X XI if, before or after giving effect to such transaction or act, the Borrower Borrowers shall or would be in breach of any other covenant contained in Articles VIIIIX, IX X or X.XI.

Appears in 3 contracts

Sources: Credit Agreement (Belk Inc), Credit Agreement (Belk Inc), Credit Agreement (Belk Inc)

Inconsistencies with Other Documents; Independent Effect of Covenants. (a) In the event there is a conflict or inconsistency between this Agreement and any other Loan Document, the terms of this Agreement shall control. (b) The Borrower Borrowers expressly acknowledges acknowledge and agrees agree that each covenant contained in Articles VIII, IX IX, or X hereof shall be given independent effect. Accordingly, the Borrower Borrowers shall not engage in any transaction or other act otherwise permitted prohibited under any covenant contained in Articles VIII, IX IX, or X if, before or after giving effect to such transaction or act, the Borrower Borrowers shall or would be in breach of any other covenant contained in Articles VIII, IX IX, or X.

Appears in 2 contracts

Sources: Credit Agreement (Belk Inc), Credit Agreement (Belk Inc)

Inconsistencies with Other Documents; Independent Effect of Covenants. (a) In the event there is a conflict or inconsistency between this Agreement and any other Loan Document, the terms of this Agreement shall control. (b) The Borrower expressly acknowledges and agrees that each covenant contained in Articles VIII, IX IX, or X shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII, IX IX, or X if, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII, IX IX, or X.

Appears in 2 contracts

Sources: Credit Agreement (Performance Food Group Co), Credit Agreement (Performance Food Group Co)

Inconsistencies with Other Documents; Independent Effect of Covenants. (a) In the event there is a conflict or inconsistency between this Agreement and any other Loan Credit Document, the terms of this Agreement shall control. (b) The Borrower expressly acknowledges and agrees that each covenant contained in Articles VIII, IX or X shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII, IX or X if, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII, IX or X.

Appears in 2 contracts

Sources: Credit Agreement (Inergy L P), Credit Agreement (Inergy L P)

Inconsistencies with Other Documents; Independent Effect of Covenants. (a) In the event there is a conflict or inconsistency between this Agreement and any other Loan Document, the terms of this Agreement shall control. (b) The Borrower expressly acknowledges and agrees that each covenant contained in Articles VIII, IX IX, or X hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII, IX IX, or X if, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII, IX IX, or X.X. [Signature pages to follow]

Appears in 1 contract

Sources: Credit Agreement (Performance Food Group Co)

Inconsistencies with Other Documents; Independent Effect of Covenants. (a) In the event there is a conflict or inconsistency between this Agreement and any other Loan Document, the terms of this Agreement shall control. (b) The Borrower Borrowers expressly acknowledges acknowledge and agrees agree that each covenant contained in Articles VIII, IX IX, or X hereof shall be given independent effect. Accordingly, the Borrower Borrowers shall not engage in any transaction or other act otherwise permitted prohibited under any covenant contained in Articles VIII, IX IX, or X if, before or after giving effect to such transaction or act, the Borrower Borrowers shall or would be in breach of any other covenant contained in Articles VIII, IX IX, or X.X. [Signature pages to follow]

Appears in 1 contract

Sources: Bridge Credit Agreement (Belk Inc)

Inconsistencies with Other Documents; Independent Effect of Covenants. (a) In the event there is a conflict or inconsistency between this Agreement and any other Loan Document, the terms of this Agreement shall control. (b) The Borrower Borrowers expressly acknowledges acknowledge and agrees agree that each covenant contained in Articles VIII, IX IX, or X hereof shall be given independent effect. Accordingly, the no Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII, IX IX, or X if, before or after giving effect to such transaction or act, the such Borrower shall or would be in breach of any other covenant contained in Articles VIII, IX IX, or X.

Appears in 1 contract

Sources: Credit Agreement (Ct Communications Inc /Nc)

Inconsistencies with Other Documents; Independent Effect of Covenants. (a) In the event there is a conflict or inconsistency between this Agreement and any other Loan Document, the terms of this Agreement shall control. (b) The Borrower expressly acknowledges and agrees that each covenant contained in Articles VIII, IX IX, X or X XI hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII, IX IX, X or X ifXI, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII, IX IX, X or X.XI.

Appears in 1 contract

Sources: Credit Agreement (Merit Medical Systems Inc)

Inconsistencies with Other Documents; Independent Effect of Covenants. (a) In the event there is a conflict or inconsistency between this Agreement and any other Loan Document, the terms of this Agreement shall control. (b) The Borrower Borrowers expressly acknowledges acknowledge and agrees agree that each covenant contained in Articles VIII, IX or X hereof shall be given independent effect. Accordingly, the Borrower Borrowers shall not engage in any transaction or other act otherwise permitted prohibited under any covenant contained in Articles VIII, IX or X if, before or after giving effect to such transaction or act, the Borrower Borrowers shall or would be in breach of any other covenant contained in Articles VIIIIX, IX X or X.XI.

Appears in 1 contract

Sources: Credit Agreement (Belk Inc)

Inconsistencies with Other Documents; Independent Effect of Covenants. (a) In the event there is a conflict or inconsistency between this Agreement and any other Loan Document, the terms of this Agreement shall control. (b) The Borrower Borrowers expressly acknowledges acknowledge and agrees agree that each covenant contained in Articles VIIIIX, IX X, or X XI shall be given independent effect. Accordingly, the Borrower Borrowers shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIIIIX, IX X, or X XI if, before or after giving effect to such transaction or act, the Borrower Borrowers shall or would be in breach of any other covenant contained in Articles VIIIIX, IX X, or X.XI. 109

Appears in 1 contract

Sources: Credit Agreement (G&k Services Inc)

Inconsistencies with Other Documents; Independent Effect of Covenants. (a) In the event there is a conflict or inconsistency between this Agreement and any Agreement, the Notes or the other Loan DocumentDocuments, the terms of this Agreement shall control. (b) The Borrower expressly acknowledges and agrees that each covenant contained in Articles VIIIVII, VIII or IX or X hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIIIVII, VIII or IX or X if, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIIIVII, IX VIII or X.IX.

Appears in 1 contract

Sources: 364 Day Credit Agreement (Lci International Inc /Va/)

Inconsistencies with Other Documents; Independent Effect of Covenants. (a) In the event there is a conflict or inconsistency between this Agreement and any other Loan Document, the terms of this Agreement shall control. (b) The Borrower expressly acknowledges and agrees that each covenant contained in Articles VIII, IX or X Article VI and VII hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII, IX or X Article VI if, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII, IX or X.Article VII.

Appears in 1 contract

Sources: Credit Agreement (Grainger W W Inc)

Inconsistencies with Other Documents; Independent Effect of Covenants. (a) In the event there is a conflict or inconsistency between this Agreement and any Agreement, the Notes or the other Loan DocumentDocuments, the terms of this Agreement shall control. (b) The Borrower expressly acknowledges and agrees that each covenant contained in Articles VIII, IX or X hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII, IX or X if, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII, IX or X.

Appears in 1 contract

Sources: Credit Agreement (Lci International Inc /Va/)

Inconsistencies with Other Documents; Independent Effect of Covenants. (a) In the event there is a conflict or inconsistency between this Agreement and any other Loan Document, the terms of this Agreement shall control. (b) The Borrower Borrowers expressly acknowledges acknowledge and agrees agree that each covenant contained in Articles VIIIIX, IX X, or X XI shall be given independent effect. Accordingly, the Borrower Borrowers shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIIIIX, IX X, or X XI if, before or after giving effect to such transaction or act, the Borrower Borrowers shall or would be in breach of any other covenant contained in Articles VIIIIX, IX X, or X.XI.

Appears in 1 contract

Sources: Credit Agreement (G&k Services Inc)

Inconsistencies with Other Documents; Independent Effect of Covenants. (a) In the event there is a conflict or inconsistency between this Agreement and any other Loan Document, the terms of this Agreement shall control. (b) The Borrower expressly acknowledges and agrees that each covenant contained in Articles VIII, IX or X Article VI and VII hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII, IX or X Article VI if, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII, IX or X.Article VII. [Signature pages to follow]

Appears in 1 contract

Sources: Term Loan Agreement