Common use of Counterparts; Effectiveness; Inconsistencies Clause in Contracts

Counterparts; Effectiveness; Inconsistencies. This Agreement and any amendments, waivers, consents or supplements may be executed in counterparts, each of which when so executed and delivered shall be deemed an original, but all such together shall constitute but one and the same instrument. This Agreement shall become effective when Borrower and Lender have duly executed and delivered signature pages of this Agreement to each other. This Agreement and each of the other Loan Documents shall be construed to the extent reasonable to be consistent one with the other, but to the extent that the terms and conditions of this Agreement are actually and directly inconsistent with the terms and conditions of any other Loan Document, this Agreement shall govern.

Appears in 14 contracts

Samples: Loan Agreement (BrightSource Energy Inc), Loan Agreement (KBS Real Estate Investment Trust, Inc.), Loan Agreement (KBS Real Estate Investment Trust, Inc.)

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Counterparts; Effectiveness; Inconsistencies. This Loan Agreement and any amendments, waivers, consents consents, or supplements may be executed in counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts together shall constitute but one and the same instrument. This Agreement shall become effective when Borrower and Lender have duly executed and delivered signature pages of this Agreement to each other. This Loan Agreement and each of the other Loan Documents shall be construed to the extent reasonable to be consistent one with the other, but to the extent that the terms and conditions of this Loan Agreement are actually and directly inconsistent with the terms and conditions of any other Loan DocumentDocuments, this Loan Agreement shall govern.

Appears in 6 contracts

Samples: Credit Loan and Term Loan Agreement (DRS Technologies Inc), Agreement (DRS Technologies Inc), Credit Loan Agreement (Intelligroup Inc)

Counterparts; Effectiveness; Inconsistencies. This Agreement and any amendments, waivers, consents consents, or supplements hereto may be executed in counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts together shall constitute but one and the same instrument. This Agreement shall become effective when against the Borrower and each Agent and Lender have duly executed and delivered signature pages of this Agreement to each otheron the Closing Date. This Agreement and each of the other Loan Documents shall be construed to the extent reasonable to be consistent one with the other, but to the extent that the terms and conditions of this Agreement are actually and directly inconsistent with the terms and conditions of any other Loan Document, this Agreement shall govern.

Appears in 5 contracts

Samples: Credit Agreement (Reckson Associates Realty Corp), Term Loan Agreement (Reckson Associates Realty Corp), Credit Agreement (Reckson Services Industries Inc)

Counterparts; Effectiveness; Inconsistencies. This Agreement and any amendments, waivers, consents consents, or supplements hereto may be executed in counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts together shall constitute but one and the same instrument. This Agreement shall become effective when Borrower and Lender have duly executed and delivered signature pages of this Agreement to each other. This Agreement and each of the other Loan Documents shall be construed to the extent reasonable to be consistent one with the other, but to the extent that the terms and conditions of this Agreement are actually and directly inconsistent with the terms and conditions of any other Loan Document, this Agreement shall govern.

Appears in 5 contracts

Samples: Credit Agreement (Foamex Capital Corp), Credit Agreement (Foamex Capital Corp), Credit Agreement (Foamex International Inc)

Counterparts; Effectiveness; Inconsistencies. This Agreement and any amendments, waivers, consents consents, or supplements hereto may be executed in counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts together shall constitute but one and the same instrument. This Agreement shall become effective against the Borrower, each other Loan Party, each Lender and the Administrative Agent on the date hereof when Borrower each such party hereto executes and Lender have duly executed and delivered signature pages of delivers this Agreement to each otherAgreement. This Agreement and each of the other Loan Documents shall be construed to the extent reasonable to be consistent one with the other, but to the extent that the terms and conditions of this Agreement hereof are actually and directly inconsistent with the terms and conditions of any other Loan Document, this Agreement shall govern.

Appears in 3 contracts

Samples: Credit Agreement (Watson Pharmaceuticals Inc), Credit Agreement (Watson Pharmaceuticals Inc), Credit Agreement (Watson Pharmaceuticals Inc)

Counterparts; Effectiveness; Inconsistencies. This Agreement and any amendments, waivers, consents consents, or supplements hereto may be executed in counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts together shall constitute but one and the same instrument. This Agreement shall become effective when Borrower against each Borrower, each Lender, each Issuing Bank and Lender have duly executed and delivered signature pages of this Agreement to each otherthe Agent on the Effective Date. This Agreement and each of the other Loan Documents shall be construed to the extent reasonable to be consistent one with the other, but to the extent that the terms and conditions of this Agreement are actually and directly inconsistent with the terms and conditions of any other Loan Document, this Agreement shall govern.

Appears in 2 contracts

Samples: Credit Agreement (Freedom Chemical Co), Credit Agreement (Freedom Chemical Co)

Counterparts; Effectiveness; Inconsistencies. This Agreement and any amendments, waivers, consents consents, or supplements hereto may be executed in counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts together shall constitute but one and the same instrument. This Subject to the provisions of Section 6.01, this Agreement shall become effective when Borrower against Parent, the Borrowers, each Lender, each Issuing Bank and Lender have duly executed and delivered signature pages of this Agreement to each otherthe Agent on the Effective Date. This Agreement and each of the other Loan Documents shall be construed to the extent reasonable to be consistent one with the other, but to the extent that the terms and conditions of this Agreement are actually and directly inconsistent with the terms and conditions of any other Loan Document, this Agreement shall govern.

Appears in 2 contracts

Samples: Credit Agreement (Aviation Sales Co), Credit Agreement (Timco Aviation Services Inc)

Counterparts; Effectiveness; Inconsistencies. This Agreement and any amendments, waivers, consents consents, or supplements hereto may be executed in counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts together shall constitute but one and the same instrument. This Agreement shall become effective when against the Borrower and the Lender have duly executed and delivered signature pages of this Agreement to each otheron the date hereof. This Agreement and each of the other Loan Documents shall be construed to the extent reasonable to be consistent one with the other, but to the extent that the terms and conditions of this Agreement hereof are actually and directly inconsistent with the terms and conditions of any other Loan Document, this Agreement shall govern.

Appears in 2 contracts

Samples: Credit Agreement (Muehlstein Holding Corp), Credit Agreement (Muehlstein Holding Corp)

Counterparts; Effectiveness; Inconsistencies. This Agreement and any amendments, waivers, consents consents, or supplements hereto may be executed in counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts together shall constitute but one and the same instrument. This Agreement shall become effective when Borrower against Holdings, the Borrowers, and Lender have duly executed and delivered signature pages of this Agreement to each otheron the date hereof. This Agreement and each of the other Loan Documents shall be construed to the extent reasonable to be consistent one with the other, but to the extent that the terms and conditions of this Agreement hereof are actually and directly inconsistent with the terms and conditions of any other Loan Document, this Agreement shall govern.

Appears in 2 contracts

Samples: Loan Agreement (Muehlstein Holding Corp), Loan Agreement (Muehlstein Holding Corp)

Counterparts; Effectiveness; Inconsistencies. This Agreement and any amendments, waivers, consents consents, or supplements hereto may be executed in counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts together shall constitute but one and the same instrument. This Agreement shall become effective when against the Borrower and RMOP and each Agent and Lender have duly executed and delivered signature pages of this Agreement to each otheron the Closing Date. This Agreement and each of the other Loan Documents shall be construed to the extent reasonable to be consistent one with the other, but to the extent that the terms and conditions of this Agreement are actually and directly inconsistent with the terms and conditions of any other Loan Document, this Agreement shall govern.

Appears in 2 contracts

Samples: Credit Agreement (Reckson Associates Realty Corp), Credit Agreement (Reckson Associates Realty Corp)

Counterparts; Effectiveness; Inconsistencies. This Agreement and any amendments, waivers, consents consents, or supplements hereto may be executed in counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts together shall constitute but one and the same instrument. This Agreement shall become effective when Borrower and Lender have duly executed and delivered signature pages against each of this Agreement to each otherthe parties hereto on the date hereof. This Agreement and each of the other Loan Documents shall be construed to the extent reasonable to be consistent one with the other, but to the extent that the terms and conditions of this Agreement are actually and directly inconsistent with the terms and conditions of any other Loan Document, this Agreement shall govern.

Appears in 2 contracts

Samples: Credit Agreement (Nacco Industries Inc), Credit Agreement (Nacco Industries Inc)

Counterparts; Effectiveness; Inconsistencies. This Agreement and any amendments, waivers, consents or supplements may be executed in counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts together shall constitute but one and the same instrument. This Agreement shall become effective when Borrower and Lender have duly executed and delivered signature pages of this Agreement to each other. This Agreement and each of the other Loan Documents shall be construed to the extent reasonable to be consistent one with the other, but to the extent that the terms and conditions of this Agreement are actually and directly inconsistent with the terms and conditions of any other Loan Document, this Agreement shall govern.

Appears in 2 contracts

Samples: Loan Agreement (Manufactured Home Communities Inc), Loan Agreement (Equity Lifestyle Properties Inc)

Counterparts; Effectiveness; Inconsistencies. This -------------------------------------------- Agreement and any amendments, waivers, consents consents, or supplements hereto may be executed in counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts together shall constitute but one and the same instrument. This Agreement shall become effective when against the Borrower and each Agent and Lender have duly executed and delivered signature pages of this Agreement to each otheron the Closing Date. This Agreement and each of the other Loan Documents shall be construed to the extent reasonable to be consistent one with the other, but to the extent that the terms and conditions of this Agreement are actually and directly inconsistent with the terms and conditions of any other Loan Document, this Agreement shall govern.

Appears in 2 contracts

Samples: Credit Agreement (Reckson Associates Realty Corp), Credit Agreement (Reckson Associates Realty Corp)

Counterparts; Effectiveness; Inconsistencies. This Agreement and any amendments, waivers, consents consents, or supplements hereto may be executed in counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts together shall constitute but one and the same instrument. This Agreement shall become effective when Borrower against the Borrower, each Lender, and Lender have duly executed and delivered signature pages of this Agreement to each otherthe Agent on the Closing Date. This Agreement and each of the other Loan Documents shall be construed to the extent reasonable to be consistent one with the other, but to the extent that the terms and conditions of this Agreement are actually and directly inconsistent with the terms and conditions of any other Loan Document, this Agreement shall govern.

Appears in 2 contracts

Samples: Credit Agreement (Dyncorp), Credit Agreement (Dyncorp)

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Counterparts; Effectiveness; Inconsistencies. This Loan -------------------------------------------- Agreement and any amendments, waivers, consents consents, or supplements may be executed in counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts together shall constitute but one and the same instrument. This Agreement shall become effective when Borrower and Lender have duly executed and delivered signature pages of this Agreement to each other. This Loan Agreement and each of the other Loan Documents shall be construed to the extent reasonable to be consistent one with the other, but to the extent that the terms and conditions of this Loan Agreement are actually and directly inconsistent with the terms and conditions of any other Loan DocumentDocuments, this Loan Agreement shall govern.

Appears in 1 contract

Samples: Revolving Credit Loan Agreement (Saga Systems Inc /De/)

Counterparts; Effectiveness; Inconsistencies. This Agreement and -------------------------------------------- any amendments, waivers, consents consents, or supplements hereto may be executed in counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts together shall constitute but one and the same instrument. This Agreement shall become effective when against the Borrower and each Lender have duly executed and delivered signature pages of this Agreement to each otheron the Closing Date. This Agreement and each of the other Loan Documents shall be construed to the extent reasonable to be consistent one with the other, but to the extent that the terms and conditions of this Agreement are actually and directly inconsistent with the terms and conditions of any other Loan Document, this Agreement shall govern.

Appears in 1 contract

Samples: Credit Agreement (Simon Property Group L P /De/)

Counterparts; Effectiveness; Inconsistencies. This Agreement -------------------------------------------- and any amendments, waivers, consents consents, or supplements hereto may be executed in counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts together shall constitute but one and the same instrument. This Agreement shall become effective when against the Borrower and each Agent and Lender have duly executed and delivered signature pages of this Agreement to each otheron the Closing Date. This Agreement and each of the other Loan Documents shall be construed to the extent reasonable to be consistent one with the other, but to the extent that the terms and conditions of this Agreement are actually and directly inconsistent with the terms and conditions of any other Loan Document, this Agreement shall govern.

Appears in 1 contract

Samples: Credit Agreement (Reckson Associates Realty Corp)

Counterparts; Effectiveness; Inconsistencies. This Agreement and any amendments, waivers, consents consents, or supplements hereto may be executed in counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts together shall constitute but one and the same instrument. This Agreement shall become effective when Borrower against Borrower, each Lender, and Lender have duly executed and delivered signature pages of this Agreement to each otherthe Administrative Agent on the date hereof. This Agreement and each of the other Loan Documents shall be construed to the extent reasonable to be consistent one with the other, but to the extent that the terms and conditions of this Agreement are actually and directly inconsistent with the terms and conditions of any other Loan Document, this Agreement shall govern.

Appears in 1 contract

Samples: Credit Agreement (NMHG Holding Co)

Counterparts; Effectiveness; Inconsistencies. This Agreement -------------------------------------------- and any amendments, waivers, consents consents, or supplements hereto may be executed in counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts together shall constitute but one and the same instrument. This Agreement shall become effective when against the Borrower and each Lender have duly executed and delivered signature pages of this Agreement to each otheron the Closing Date. This Agreement and each of the other Loan Documents shall be construed to the extent reasonable to be consistent one with the other, but to the extent that the terms and conditions of this Agreement are actually and directly inconsistent with the terms and conditions of any other Loan Document, this Agreement shall govern.

Appears in 1 contract

Samples: Credit Agreement (Simon Property Group L P /De/)

Counterparts; Effectiveness; Inconsistencies. This Agreement and any amendments, waivers, consents consents, or supplements hereto may be executed in counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts together shall constitute but one and the same instrument. This Agreement shall become effective when Borrower against each Borrower, each Lender, each Issuing Bank and Lender have duly executed and delivered signature pages of this Agreement to each otherthe Agent on the Closing Date. This Agreement and each of the other Loan Documents shall be construed to the extent reasonable to be consistent one with the other, but to the extent that the terms and conditions of this Agreement are actually and directly inconsistent with the terms and conditions of any other Loan Document, this Agreement shall govern.

Appears in 1 contract

Samples: Senior Unsecured Revolving Credit Agreement (Lexington Corporate Properties Trust)

Counterparts; Effectiveness; Inconsistencies. This Agreement and any amendments, waivers, consents consents, or supplements hereto may be executed in counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts together shall constitute but one and the same instrument. This Agreement shall become effective when Borrower against the Borrowers, each Lender and Lender have duly executed and delivered signature pages of this Agreement to each otherthe Administrative Agent on the date hereof. This Agreement and each of the other Loan Documents shall be construed to the extent reasonable to be consistent one with the other, but to the extent that the terms and conditions of this Agreement hereof are actually and directly inconsistent with the terms and conditions of any other Loan Document, this Agreement shall govern.

Appears in 1 contract

Samples: Credit Agreement (Barneys New York Inc)

Counterparts; Effectiveness; Inconsistencies. This Agreement and any amendments, waivers, consents consents, or supplements hereto may be executed in counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts together shall constitute but one and the same instrument. This Agreement shall become effective when against Borrower, the Co-Borrower and Lender have duly executed and delivered signature pages of this Agreement to each otheron the Closing Date. This Agreement and each of the other Loan Documents shall be construed to the extent reasonable to be consistent one with the other, but to the extent that the terms and conditions of this Agreement are actually and directly inconsistent with the terms and conditions of any other Loan Document, this Agreement shall govern.

Appears in 1 contract

Samples: Secured Term Loan Agreement (Net 2 L P)

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