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 9, 10 and 11 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 9, 10 or 11 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 9, 10 or 11.
Independent Effect of Covenants. Issuer expressly acknowledges and agrees that each covenant contained in Articles VI or VII hereof shall be given independent effect. Accordingly, Issuer shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VI or VII, if, before or after giving effect to such transaction or act, Issuer shall or would be in breach of any other covenant contained in Articles VI or VII.
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. EXHIBIT A to Credit Agreement dated as of December 31, 2007 among Consolidated Communications Holdings, Inc., as Parent Guarantor, Consolidated Communications, Inc., as Borrower, the Lenders party thereto, as Lenders, Xxxxx Fargo Bank, National Association, as Administrative Agent, Issuing Bank and Swingline Lender, CoBank, ACB, as Syndication Agent, General Electric Capital Corporation, as Co-Documentation Agent, The Royal Bank of Scotland plc, as Co-Documentation Agent and Xxxxx Fargo Securities, LLC, as Sole Lead Arranger and Sole Bookrunner FORM OF BORROWING REQUEST BORROWING REQUEST Dated as of: _____________ Wachovia Bank, National Association, as Administrative Agent NC0680 0000 Xxxx X.X. Xxxxxx Blvd. Charlotte, North Carolina 28262 Attention: Syndication Agency Services Ladies and Gentlemen: This irrevocable Borrowing Request is delivered to you pursuant to Section [2.02] [2.04] of the Credit Agreement dated as of December 31, 2007 (as amended, restated, supplemented or otherwise modified, the “Credit Agreement”), among Consolidated Communications Holdings, Inc., as Parent, Consolidated Communications, Inc., an Illinois corporation (the “CCI Borrower”), Consolidated Communications Acquisition Texas, Inc., a Delaware corporation (the “TXU Borrower” and Fort Pitt Acquisition Sub Inc. (the “Merger Sub”, and together with the CCI Borrower and the TXU Borrower, the “Borrowers”), the lenders who are or may become party thereto, as Lenders, and Wachovia Bank, National Association, as Administrative Agent.
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. 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 ..........................................
