Independent Effect. Each Borrower acknowledges and agrees that each covenant contained in Articles VII, VIII, IX or X hereof shall be given independent effect. Accordingly, the Borrowers shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VII, VIII, IX or X, before or after giving effect to such transaction or act, if the Borrowers shall or would be in breach of any other covenant contained in Articles VII, VIII, IX or X.
Independent Effect. All covenants hereunder shall be given independent effect so that if a particular action or condition is not permitted by any of such covenants, the fact that it would be permitted by an exception to, or would otherwise be within the limitations of, another covenant shall not avoid the occurrence of a Default or an Event of Default if such action is taken or condition exists.
Independent Effect. This Agreement shall become effective as set forth in Section 19, even if the Settlement Agreement or the Plan never take effect.
Independent Effect. Each representation and warranty in this Agreement is given independent effect so that if a particular representation and warranty proves to be incorrect or is breached, the fact that another representation and warranty concerning the same or similar subject matter is correct or is not breached, whether such other representation and warranty is more general or more specific, narrower or broader or otherwise, will not affect the incorrectness or breach of such particular representation and warranty.
Independent Effect. The representations and warranties shall be separate and independent and, save as expressly provided, shall not be limited by reference to any of the other representations and warranties or anything in this Agreement.
Independent Effect. Executive agrees that each of the covenants set forth in this Section 8 is a separate and independent covenant from any of Executive’s other obligations set forth herein and each shall be given its independent effect such that no provision of this Section 8 shall modify or otherwise limit the terms of any other covenant of Executive pursuant to this Agreement, including pursuant to Section 7 hereof, even if such other covenant concerns the same or similar subject matter whether any such covenant is more general or more specific, narrower or broader or otherwise.
Independent Effect. If any Party has breached, in any respect, any representation, warranty, covenant or agreement contained in this Agreement, in any Ancillary Agreement or any other document, instrument or certificate executed and delivered in connection herewith or therewith, the fact that there exists another representation, warranty, covenant or agreement relating to the same subject matter (regardless of the relative levels of specificity) which the Party has not breached shall not detract from or mitigate the fact that the Party is in breach of the first representation, warranty, covenant or agreement. (l) Exhibits and Disclosure Schedule. The Exhibits to this Agreement and the Seller Disclosure Schedule are incorporated and made a part hereof and are an integral part hereof. Seller may, at its option, include in the Seller Disclosure Schedule items that are not material, and the inclusion of any such items, or any references to dollar amounts herein or in the Seller Disclosure Schedule, shall not be deemed to be an acknowledgement or representation that such items are material or would or would be reasonably expected to have a Material Adverse Effect, to establish any standard of materiality or to define further the meaning of such terms for purposes hereof or otherwise. No disclosure in the Seller Disclosure Schedule relating to a possible breach or violation of any Contract, Law or Order shall be construed as an admission, indication, acknowledgement, or representation that a breach or violation exists or has actually occurred or shall waive any legal privilege relating thereto. The Seller Disclosure Schedule shall be organized into sections that correspond to the Sections hereof. Any information disclosed in any section of the Seller Disclosure Schedule that corresponds to a Section hereof shall apply to and qualify only (i) such Section hereof and (ii) any other Section in Article II if such information’s relevance to such other Section is reasonably apparent on its face (for the avoidance of doubt, notwithstanding the existence or absence of any specific reference in Article II to such Section of the Seller Disclosure Schedule). Any capitalized term used in any Exhibit or the Seller Disclosure Schedule but not otherwise defined therein shall have the meaning given to such term herein. (m)
