Common use of Cumulative Effect; Conflict of Terms Clause in Contracts

Cumulative Effect; Conflict of Terms. The provisions of the Loan Documents are cumulative. The parties acknowledge that the Loan Documents may use several limitations, tests or measurements to regulate similar matters, and they agree that these are cumulative and that each must be performed as provided. Except as otherwise provided in another Loan Document (by specific reference to the applicable provision of this Agreement), if any provision contained herein is in direct conflict with any provision in another Loan Document, the provision herein shall govern and control. It is expressly acknowledged and agreed that Agent and Lenders’ rights and remedies hereunder are subject to the terms and conditions of the Intercreditor Agreement, and in the event of any conflict between the Loan Documents and the Intercreditor Agreement, the Intercreditor Agreement shall control.

Cumulative Effect; Conflict of Terms. The provisions of the Loan Documents are cumulative. The parties acknowledge that the Loan Documents may use several limitations, tests or measurements to regulate similar matters, and they agree that these are cumulative and that each must be performed as provided. Except as otherwise provided in another Loan Document (by specific reference to the applicable provision of this Agreement), if any provision contained herein is in direct conflict with any provision in another Loan DocumentDocument (other than the Intercreditor Agreement), the provision herein shall govern and control. It is expressly acknowledged and agreed that Agent and Lenders’ rights and remedies hereunder are subject to the terms and conditions of the Intercreditor Agreement, and if any provision contained herein is in the event of direct conflict with any conflict between the Loan Documents and provision in the Intercreditor Agreement, the provision in the Intercreditor Agreement shall govern and control.

Cumulative Effect; Conflict of Terms. The provisions of the Loan Documents are cumulative. The parties acknowledge that the Loan Documents may use several limitations, tests limitations or measurements to regulate similar matters, and they agree that -103- DM3\8972795.2 these are cumulative and that each must be performed as provided. Except as otherwise provided in another Loan Document (by specific reference to the applicable provision of this Agreement), if any provision contained herein is in direct conflict with any provision in another Loan DocumentDocument (other than the Intercreditor Agreement), the provision herein shall govern and control. It is expressly acknowledged and agreed that Agent and Lenders’ rights and remedies hereunder are subject to the terms and conditions of the Intercreditor Agreement, and if any provision contained herein is in the event of direct conflict with any conflict between the Loan Documents and provision in the Intercreditor Agreement, the provision in the Intercreditor Agreement shall govern and control.

Cumulative Effect; Conflict of Terms. The provisions of the Loan Documents are cumulative. The parties acknowledge that the Loan Documents may use several limitations, tests or measurements to regulate similar matters, and they agree that these are cumulative and that each must be performed as provided. Except as otherwise provided in another Loan Document (by specific reference to the applicable provision of this Agreement), if any provision contained herein is in direct conflict with any provision in another Loan Document, the provision herein shall govern and control. It is expressly acknowledged and agreed that Agent and LendersXxxxxxx’ rights and remedies hereunder are subject to the terms and conditions of the Intercreditor Agreement, and in the event of any conflict between the Loan Documents and the Intercreditor Agreement, the Intercreditor Agreement shall control.