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; provided, that any provision of the Security Documents which imposes additional burdens on the Borrower or the Guarantors or further restricts the rights of the Borrower or the Guarantors or gives the Administrative Agent or Lenders additional rights shall not be deemed to be in conflict or inconsistent with this Agreement and shall be given full force and effect. (b) The Borrower expressly acknowledges and agrees that each covenant contained in Articles VII, VIII and IX hereof and Sections 11, 12 and 13 of the Guaranty Agreement 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 VII, VIII and IX hereof and Sections 11, 12 and 13 of the Guaranty Agreement 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 VII, VIII and IX hereof and Sections 11, 12 and 13 of the Guaranty Agreement.

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; provided, that any provision of the Security Documents which imposes additional burdens on the Borrower or the Guarantors or further restricts the rights of the Borrower or the Guarantors or gives the Administrative Agent or Lenders additional rights shall not be deemed to be in conflict or inconsistent with this Agreement and shall be given full force and effect. (b) The Borrower expressly acknowledges and agrees that each covenant contained in Articles VII, VIII and IX hereof and Sections 11, 12 and 13 of the Guaranty Agreement shall 95 be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VII, VIII and IX hereof and Sections 11, 12 and 13 of the Guaranty Agreement 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 VII, VIII and IX hereof and Sections 11, 12 and 13 of the Guaranty Agreement.

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; provided, that any provision of the Security Documents which imposes additional burdens on the Borrower or the Guarantors or further restricts the rights of the Borrower or the Guarantors or gives the Administrative Agent or Lenders additional rights shall not be deemed to be in conflict or inconsistent with this Agreement and shall be given full force and effect. (b) The Borrower expressly acknowledges and agrees that each covenant contained in Articles VII, VIII and IX hereof and Sections 11, 12 and 13 of the Guaranty Agreement 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 VII, VIII and IX hereof and Sections 11, 12 and 13 of the Guaranty Agreement 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 VII, VIII and IX hereof and Sections 11, 12 and 13 of the Guaranty Agreement.. 82 88