Independent Effect of Covenants. The Borrower expressly acknowledges and agrees that each covenant contained in Articles VIII or IX 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 Articles VIII or IX, 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 or IX.
Independent Effect of Covenants. Holdings and the Borrower expressly acknowledge and agree that each covenant contained in Articles V or VI hereof shall be given independent effect. Accordingly, no Loan Party shall engage in any transaction or other act otherwise permitted under any covenant contained in Articles V or VI, before or after giving effect to such transaction or act, Holdings or the Borrower shall or would be in breach of any other covenant contained in Articles V or VI.
Independent Effect of Covenants. Each of the Borrower and the other Credit Parties expressly acknowledges and agrees that each covenant contained in Article VIII, IX, X or XI hereof shall be given independent effect. Accordingly, each of the Borrower and the other Credit Parties shall not engage in any transaction or other act otherwise permitted under any covenant contained in Article VIII, IX, X or XI if, before or after giving effect to such transaction or act, the Borrower or such other Credit Party shall or would be in breach of any other covenant contained in Article VIII, IX, X or XI.
Independent Effect of Covenants. 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 its Subsidiaries 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.
Independent Effect of Covenants. The Borrower expressly acknowledges and agrees that each covenant contained in Articles VIII or IX hereof shall be given independent effect.
Independent Effect of Covenants. The Borrower expressly acknowledges and agrees that each covenant contained in Articles VII, 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 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. 117
Independent Effect of Covenants. 111 SECTION 12.20 No Advisory or Fiduciary Responsibility. ......................................................... 111 SECTION 12.21 Inconsistencies with Other Documents .............................................................. 112 SECTION 12.22 Acknowledgment and Consent to Bail-In of EEA Financial Institutions .......... 112 SECTION 12.23 Acknowledgement Regarding Any Supported QFC ..........................................
Independent Effect of Covenants. 71 AMENDED AND RESTATED CREDIT AGREEMENT THIS AMENDED AND RESTATED CREDIT AGREEMENT, dated as of the 19th day of March, 1997, by and among INSIGNIA FINANCIAL GROUP, INC., a corporation organized under the laws of Delaware, the Lenders who are or may become a party to this Agreement (the "Lenders"), and FIRST UNION NATIONAL BANK OF SOUTH CAROLINA, as Administrative Agent for the Lenders, and XXXXXX COMMERCIAL PAPER INC., as Syndication Agent.
Independent Effect of Covenants. 59 Exhibits and Schedules EXHIBITS Exhibit A - Form of Revolving Credit Note Exhibit B - Form of Notice of Borrowing Exhibit C - Form of Notice of Conversion/Continuation Exhibit D - Form of Officer's Compliance Certificate Exhibit E - Form of Assignment and Acceptance Exhibit F - Form of Guaranty Agreement Exhibit G - Form of IPLP Pledge Agreement Exhibit H - Form of IPT Pledge Agreement Exhibit I - Form of Notice of Account Designation SCHEDULES Schedule 1 - Lenders and Commitments Schedule 5.1(h) - Employee Benefit Plans Schedule 5.1(q) - Debt and Contingent Obligations Schedule 5.1(r) - Litigation Schedule 9.4 - Existing Loans, Advances and Investments Schedule 9.8 - Transactions with Affiliates EXHIBIT A TO CREDIT AGREEMENT BY AND AMONG INSIGNIA PROPERTIES, L.P., FIRST UNION NATIONAL BANK, AS ADMINISTRATIVE AGENT FOR THE LENDERS AND XXXXXX COMMERCIAL PAPER INC. DATED DECEMBER 30, 1997 REVOLVING CREDIT NOTE EXHIBIT B TO CREDIT AGREEMENT BY AND AMONG INSIGNIA PROPERTIES, L.P., FIRST UNION NATIONAL BANK, AS ADMINISTRATIVE AGENT FOR THE LENDERS AND XXXXXX COMMERCIAL PAPER INC. DATED DECEMBER 30, 1997 NOTICE OF BORROWING EXHIBIT C TO CREDIT AGREEMENT BY AND AMONG INSIGNIA PROPERTIES, L.P., FIRST UNION NATIONAL BANK, AS ADMINISTRATIVE AGENT FOR THE LENDERS AND XXXXXX COMMERCIAL PAPER INC. DATED DECEMBER 30, 1997 NOTICE OF CONVERSION/CONTINUATION EXHIBIT D TO CREDIT AGREEMENT BY AND AMONG INSIGNIA PROPERTIES, L.P., FIRST UNION NATIONAL BANK, AS ADMINISTRATIVE AGENT FOR THE LENDERS AND XXXXXX COMMERCIAL PAPER INC. DATED DECEMBER 30, 1997 OFFICER'S COMPLIANCE CERTIFICATE EXHIBIT E TO CREDIT AGREEMENT BY AND AMONG INSIGNIA PROPERTIES, L.P., FIRST UNION NATIONAL BANK, AS ADMINISTRATIVE AGENT FOR THE LENDERS AND XXXXXX COMMERCIAL PAPER INC. DATED DECEMBER 30, 1997 ASSIGNMENT AND ACCEPTANCE EXHIBIT F TO CREDIT AGREEMENT BY AND AMONG INSIGNIA PROPERTIES, L.P., FIRST UNION NATIONAL BANK, AS ADMINISTRATIVE AGENT FOR THE LENDERS AND XXXXXX COMMERCIAL PAPER INC. DATED DECEMBER 30, 1997 GUARANTY AGREEMENT EXHIBIT G TO CREDIT AGREEMENT BY AND AMONG INSIGNIA PROPERTIES, L.P., FIRST UNION NATIONAL BANK, AS ADMINISTRATIVE AGENT FOR THE LENDERS AND XXXXXX COMMERCIAL PAPER INC. DATED DECEMBER 30, 1997 IPLP PLEDGE AGREEMENT EXHIBIT H TO CREDIT AGREEMENT BY AND AMONG INSIGNIA PROPERTIES, L.P., FIRST UNION NATIONAL BANK, AS ADMINISTRATIVE AGENT FOR THE LENDERS AND XXXXXX COMMERCIAL PAPER INC. DATED DECEMBER 30, 1997 IPT PLEDGE AGREEMENT EXHIBIT I TO CREDIT AGREEMENT BY AND AMONG...
Independent Effect of Covenants. 105 --------------------------------------------------------------------- SECTION 13.20
