Common use of Construction, Etc Clause in Contracts

Construction, Etc. Each covenant contained herein shall be construed (absent express provision to the contrary) as being independent of each other covenant contained herein, so that compliance with any one covenant shall not (absent such an express contrary provision) be deemed to excuse compliance with any other covenant. Where any provision herein refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person. For the avoidance of doubt, all Schedules and Exhibits attached to this Agreement and all Additional Covenants incorporated herein pursuant to Section 9.9 shall be deemed to be a part hereof. The Notes are issued under and are subject to the terms and provisions of this Agreement and no other indenture of the Company.

Appears in 11 contracts

Samples: Note Purchase Agreement (Kayne Anderson Midstream/Energy Fund, Inc.), Note Purchase Agreement, Note Purchase Agreement (Kayne Anderson Midstream/Energy Fund, Inc.)

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Construction, Etc. Each covenant contained herein shall be construed (absent express provision to the contrary) as being independent of each other covenant contained herein, so that compliance with any one covenant shall not (absent such an express contrary provision) be deemed to excuse compliance with any other covenant. Where any provision herein refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person. For the avoidance of doubt, all Schedules and Exhibits attached to this Agreement and all Additional Covenants incorporated herein pursuant to Section 9.9 9.8 shall be deemed to be a part hereof. The Notes are issued under and are subject to the terms and provisions of this Agreement and no other indenture of the Company.

Appears in 6 contracts

Samples: Note Purchase Agreement (Tortoise MLP Fund, Inc.), Note Purchase Agreement (Tortoise MLP Fund, Inc.), Note Purchase Agreement (Tortoise MLP Fund, Inc.)

Construction, Etc. Each covenant contained herein shall be construed (absent express provision to the contrary) as being independent of each other covenant contained herein, so that compliance with any one covenant shall not (absent such an express contrary provision) be deemed to excuse compliance with any other covenant. Where any provision herein refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person. For the avoidance of doubt, all Schedules and Exhibits attached to this Agreement and all Additional Covenants incorporated herein pursuant to Section 9.9 shall be deemed to be a part hereof. The Notes are issued under and are subject to the terms and provisions of this Agreement and no other indenture of the CompanyFund.

Appears in 4 contracts

Samples: Note Purchase Agreement (ClearBridge Energy MLP Fund Inc.), Note Purchase Agreement (ClearBridge Energy MLP Opportunity Fund Inc.), Note Purchase Agreement (ClearBridge Energy MLP Fund Inc.)

Construction, Etc. Each covenant contained herein shall be construed (absent express provision to the contrary) as being independent of each other covenant contained Xxxxx Xxxxxxxx MLP Investment Company Note Purchase Agreement herein, so that compliance with any one covenant shall not (absent such an express contrary provision) be deemed to excuse compliance with any other covenant. Where any provision herein refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person. For the avoidance of doubt, all Schedules and Exhibits attached to this Agreement and all Additional Covenants incorporated herein pursuant to Section 9.9 shall be deemed to be a part hereof. The Notes are issued under and are subject to the terms and provisions of this Agreement and no other indenture of the Company.

Appears in 2 contracts

Samples: Agency Agreement (Kayne Anderson MLP Investment CO), Agency Agreement (Kayne Anderson MLP Investment CO)

Construction, Etc. Each covenant contained herein shall be construed (absent express provision to the contrary) as being independent of each other covenant contained herein, so that compliance with any one covenant shall not (absent such an express contrary provision) be deemed to excuse compliance with any other covenant. Where any provision herein refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person. For the avoidance of doubt, all Schedules and Exhibits attached to this Agreement and all Additional Covenants incorporated herein pursuant to Section 9.9 shall be deemed to be a part hereof. The Notes are issued under and are subject to the terms and provisions of this Agreement and no other indenture of the CompanyFund.

Appears in 1 contract

Samples: Blackstone / GSO Senior Floating Rate Term Fund

Construction, Etc. Each covenant contained herein shall be construed (absent express provision to the contrary) as being independent of each other covenant contained herein, so that compliance with any one covenant shall not (absent such an express contrary provision) be deemed to excuse compliance with any other covenant. Where any provision herein refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person. For the avoidance of doubt, all Schedules and Exhibits attached to this Agreement and all Additional Covenants incorporated herein pursuant to Section 9.9 shall be deemed to be a part hereof. The Notes are issued under and are subject to the terms and provisions of this Agreement and no other indenture of the Company.

Appears in 1 contract

Samples: Agency Agreement (Kayne Anderson Energy Total Return Fund, Inc.)

Construction, Etc. Each covenant contained herein shall be construed (absent express provision to the contrary) as being independent of each other covenant contained herein, so that compliance with any one covenant shall not (absent such an express contrary provision) be deemed to excuse compliance with any other covenant. Where any provision herein refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person. For the avoidance of doubt, all Schedules and Exhibits attached to this Agreement and all Additional Covenants incorporated herein pursuant to Section 9.9 shall be deemed to be a part hereof. The Notes are issued under and are subject to the terms and provisions of this Agreement and no other indenture of the Company.Highland Credit Strategies Fund Note Purchase Agreement

Appears in 1 contract

Samples: Highland Credit Strategies Fund

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Construction, Etc. Each covenant contained herein shall be construed (absent express provision to the contrary) as being independent of each other covenant contained herein, so that compliance with any one covenant shall not (absent such an express contrary provision) be deemed to excuse compliance with any other covenant. Where any provision herein refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person. For the avoidance of doubt, all Schedules and Exhibits attached to this Agreement and all Additional Covenants incorporated herein pursuant to Section 9.9 shall be deemed to be a part hereof. Xxxxx Xxxxxxxx Midstream/Energy Fund, Inc. Note Purchase Agreement The Notes are issued under and are subject to the terms and provisions of this Agreement and no other indenture of the Company.

Appears in 1 contract

Samples: Note Purchase Agreement (Kayne Anderson Midstream/Energy Fund, Inc.)

Construction, Etc. Each covenant contained herein shall be construed (absent express provision to the contrary) as being independent of each other covenant contained herein, so that compliance with any one covenant shall not (absent such an express contrary provision) be deemed to excuse compliance with any other covenant. Where any provision herein refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person. For the avoidance of doubt, all Schedules and Exhibits attached to this Agreement and all Additional Covenants incorporated herein pursuant to Section 9.9 shall be deemed to be a part hereof. The Notes are issued under and are subject to the terms and provisions of this Agreement and no other indenture of the Company.Fund. CLEARBRIDGE ENERGY MLP TOTAL RETURN FUND INC. Note Purchase Agreement

Appears in 1 contract

Samples: Note Purchase Agreement (ClearBridge Energy MLP Total Return Fund Inc.)

Construction, Etc. Each covenant contained herein shall be construed (absent express provision to the contrary) as being independent of each other covenant contained Kxxxx Xxxxxxxx Midstream/Energy Fund, Inc. Note Purchase Agreement herein, so that compliance with any one covenant shall not (absent such an express contrary provision) be deemed to excuse compliance with any other covenant. Where any provision herein refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person. For the avoidance of doubt, all Schedules and Exhibits attached to this Agreement and all Additional Covenants incorporated herein pursuant to Section 9.9 shall be deemed to be a part hereof. The Notes are issued under and are subject to the terms and provisions of this Agreement and no other indenture of the Company.

Appears in 1 contract

Samples: Note Purchase Agreement (Kayne Anderson Midstream/Energy Fund, Inc.)

Construction, Etc. Each covenant contained herein shall be construed (absent express provision to the contrary) as being independent of each other covenant contained herein, so that compliance with any one covenant shall not (absent such an express contrary provision) be deemed to excuse compliance with any other covenant. Where any provision herein refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person. For the avoidance of doubt, all Schedules Schedules, Exhibits and Exhibits Supplements attached to this Agreement and all Additional Covenants incorporated herein pursuant to Section 9.9 9.8 shall be deemed to be a part hereof. The Notes are issued under and are subject to the terms and provisions of this Agreement and no other indenture of the Company.

Appears in 1 contract

Samples: Purchase Agreement (Tortoise Pipeline & Energy Fund, Inc.)

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