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 any party or further restricts the rights of the Borrower or its Subsidiaries 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 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 80 86 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.
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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, provided that any provision of the Security Documents which imposes additional burdens on any party Credit Party or its Subsidiaries or further restricts the rights of the Borrower any Credit Party or its Subsidiaries or gives the Administrative Agent Agents 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 Credit Parties expressly acknowledges acknowledge and agrees agree that each covenant contained in Articles VIII, IX, X, or X hereof XI shall be given independent effect. Accordingly, the Borrower Credit Parties shall not engage in any transaction or other act otherwise permitted under any covenant contained in 80 86 Articles VIII, IX, X, or X XI if, before or after giving effect to such transaction or act, the Borrower Credit Parties shall or would be in breach of any other covenant contained in Articles VIII, IX, X, or X.XI.
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Sources: Credit Agreement (Cott Corp /Cn/)
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, provided that any provision of the Security Documents which imposes additional burdens on any party Holdings or its Subsidiaries or further restricts the rights of the Borrower Holdings or its Subsidiaries 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 VIII, Article 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 80 86 Articles VIII, Article IX, X or X XI 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, Article IX, X or X.XI.
Appears in 1 contract
Sources: Credit Agreement (PAS, 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; provided, provided that any provision of the Security Documents which imposes additional burdens on any party or further restricts the rights of the Borrower Borrowers or its their Subsidiaries 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 VIIIX, IXXI, or X XII 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 80 86 Articles VIIIX, IXXI, or X XII 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 VIIIX, IXXI, or X.XII.
Appears in 1 contract
Sources: Credit Agreement (Hickory Tech Corp)