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 against Borrower, each Lender, the Issuing Bank and the Agent on the date when all of such parties have duly executed and delivered this Agreement to each other (delivery by Borrower to the Lenders and the Issuing Bank and by any Lender or the Issuing Bank to the Borrower and any other Lender being deemed to have been made by delivery to the Agent). 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 inconsistent with the terms and conditions of any other Loan Document, this Agreement shall govern.
Appears in 2 contracts
Samples: Credit Agreement (American Classic Voyages Co), Credit Agreement (American Classic Voyages Co)
Counterparts; Effectiveness; Inconsistencies. This 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 against when Borrower, each the initial Lenders, Swingline Lender, the Issuing Bank Lender and the Agent on the date when all of such parties have duly executed and delivered counterpart execution pages of this Agreement to each other (delivery by Borrower to the Lenders and the Issuing Bank REIT to Lenders and by any Lender or to Borrower, the Issuing Bank to the Borrower REIT and any other Lender being deemed to have been made by delivery to the Agent). 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 (Manufactured Home Communities Inc), Credit Agreement (Manufactured Home Communities Inc)
Counterparts; Effectiveness; Inconsistencies. This 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 against when Borrower, each Lender, the Issuing Bank initial Lenders and the Agent on the date when all of such parties have duly executed and delivered counterpart execution pages of this Agreement to each other (delivery by Borrower to the Lenders and the Issuing Bank REIT to Lenders and by any Lender or to Borrower, the Issuing Bank to the Borrower REIT and any other Lender being deemed to have been made by delivery to the Agent). 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: Term Loan Credit Agreement (Manufactured Home Communities Inc), Credit Agreement (Manufactured Home Communities Inc)
Counterparts; Effectiveness; Inconsistencies. This 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 against when Borrower, each the initial Lenders, Swingline Lender, the Issuing Bank Lender and the Agent on the date when all of such parties have duly executed and delivered counterpart execution pages of this Agreement to each other (delivery delivery) by Borrower to the Lenders and the Issuing Bank REIT to Lenders and by any Lender or to Borrower, the Issuing Bank to the Borrower REIT and any other Lender being deemed to have been made by delivery to the Agent). 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 100 105 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 (Manufactured Home Communities Inc)