Independence of Covenants. 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.
Appears in 763 contracts
Samples: Credit Agreement (AdaptHealth Corp.), Loan and Security Agreement (Guardian Pharmacy Services, Inc.), Senior Secured Credit Agreement (Phoenix Capital Group Holdings, LLC)
Independence of Covenants. 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 an Event of Default or an Potential Event of Default if such action is taken or condition exists.
Appears in 290 contracts
Samples: Credit Agreement (U.S. Silica Holdings, Inc.), Credit Agreement (U.S. Silica Holdings, Inc.), Credit Agreement (Hexcel Corp /De/)
Independence of Covenants. All covenants hereunder shall be given in any jurisdiction 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 be 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.
Appears in 270 contracts
Samples: Credit Agreement (Elme Communities), Credit Agreement (American Homes 4 Rent, L.P.), Credit Agreement (NNN Reit, Inc.)
Independence of Covenants. 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 be 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 such condition exists.
Appears in 140 contracts
Samples: Credit and Guaranty Agreement (Beneficient), Credit Agreement (ArrowMark Financial Corp.), Credit Agreement (LandBridge Co LLC)
Independence of Covenants. All covenants hereunder and agreements in this Indenture 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 be 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.
Appears in 107 contracts
Samples: Collateral Agreement (Qwest Corp), Indenture (Qwest Corp), Indenture (Qwest Corp)
Independence of Covenants. All covenants Each covenant hereunder shall be given independent effect (subject to any exceptions stated in such covenant) so that if a particular action or condition is not permitted by any of such covenantscovenant (taking into account any such stated exception), the fact that it would be permitted by an exception to, or would be 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 existsDefault.
Appears in 104 contracts
Samples: Credit Agreement (National Beverage Corp), Credit Agreement (Warby Parker Inc.), Credit Agreement (Archaea Energy Inc.)
Independence of Covenants. All covenants hereunder shall be given independent effect so that if a particular action action, event, condition or condition circumstance 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 or restrictions of, another covenant covenant, shall not avoid the occurrence of a Default or an Event of Default if such action is taken or event, condition or circumstance exists.
Appears in 97 contracts
Samples: Credit Agreement (Eastern Co), Credit Agreement (Purple Innovation, Inc.), Credit Agreement (DigitalOcean Holdings, Inc.)
Independence of Covenants. 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 be otherwise be within the limitations limitation of, another covenant covenant, shall not avoid the occurrence of a Default or an Event of Default if such action is taken or condition exists.
Appears in 95 contracts
Samples: Term Loan Agreement, Revolving and Term Loan Agreement, Loan Agreement (Hartman Short Term Income Properties XX, Inc.)
Independence of Covenants. All covenants hereunder under the Loan Documents 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 be 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 such condition exists.
Appears in 91 contracts
Samples: Credit Agreement (ArrowMark Financial Corp.), Credit Agreement (Carlisle Companies Inc), Credit Agreement (Century Communities, Inc.)
Independence of Covenants. All covenants hereunder and agreements in this Indenture 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 be 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.
Appears in 63 contracts
Samples: Indenture (Geo MCF Lp, LLC), Indenture (Sonic Automotive Inc), Geo MCF Lp, LLC
Independence of Covenants. 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 be otherwise be within the limitations limitation of, another covenant shall not avoid the occurrence of a an Event of Default or an Potential Event of Default if such action is taken or condition exists.
Appears in 59 contracts
Samples: Credit Agreement (Textron Inc), Credit Agreement (Textron Inc), Credit Agreement (Textron Inc)
Independence of Covenants. 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 be 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.
Appears in 59 contracts
Samples: Credit Agreement (United Homes Group, Inc.), Credit Agreement (United Homes Group, Inc.), Credit Agreement (United Homes Group, Inc.)
Independence of Covenants. 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 be 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.
Appears in 48 contracts
Samples: Note Purchase Agreement (Nevada Geothermal Power Inc), Credit Agreement (Lauder Ronald S), Credit Agreement (Lauder Ronald S)
Independence of Covenants. All covenants hereunder contained herein 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 such action or condition 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.
Appears in 46 contracts
Samples: Warehouse Loan Agreement (Trinity Industries Inc), Credit Agreement (KLX Energy Services Holdings, Inc.), Credit Agreement (NGL Energy Partners LP)
Independence of Covenants. 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 be otherwise be within the limitations of, another covenant shall not avoid the occurrence of a Default or an Event of Default or Default if such action is taken or condition exists.
Appears in 46 contracts
Samples: Credit Agreement (Mattel Inc /De/), Credit Agreement (Mattel Inc /De/), Credit Agreement (Mattel Inc /De/)
Independence of Covenants. All covenants hereunder and agreements in this Indenture and the Notes shall be given independent effect so that if a any 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.
Appears in 45 contracts
Samples: Chaparral Energy, Inc., First Supplemental Indenture (GMX Resources Inc), Intercreditor Agreement (GMX Resources Inc)
Independence of Covenants. All covenants hereunder shall be given independent effect so that if a particular action or condition is not permitted by any of such covenantscovenant, the fact that it would be permitted by an exception to, or would be 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 such condition exists.
Appears in 40 contracts
Samples: Loan Agreement (Digital Cinema Destinations Corp.), Credit Agreement (National Wine & Spirits Inc), Credit Agreement (Handleman Co /Mi/)
Independence of Covenants. All covenants hereunder shall be given independent effect so that if a particular action or condition is not permitted prohibited by any one of such covenants, the fact that it would be permitted by an exception to, or would otherwise be in compliance 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 such condition exists.
Appears in 36 contracts
Samples: Note Purchase and Private Shelf Agreement (Lci Industries), Collateral Agency Agreement (DREW INDUSTRIES Inc), Note Purchase and Private Shelf Agreement (Drew Industries Inc)
Independence of Covenants. All covenants hereunder contained in this Agreement and each other Loan Document shall be given independent effect so that if such that, in the event 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 be otherwise be within the limitations of, another covenant shall not not, unless expressly so provided in such first covenant, avoid the occurrence of a Default or an Event of Default if such action is taken or such condition exists.
Appears in 34 contracts
Samples: Credit Agreement (Dollar Thrifty Automotive Group Inc), Credit Agreement (Stericycle Inc), Credit Agreement (Budget Group Inc)
Independence of Covenants. All covenants hereunder under this Agreement and the other Loan Documents shall be given independent effect so that if a particular action or condition is not permitted by any of such covenantscovenant, the fact that it would be permitted by an exception to, or would be otherwise be within the limitations ofallowed by, another covenant shall not avoid the occurrence of a Default or an Event of Default if such action is taken or such condition exists.
Appears in 32 contracts
Samples: Credit Agreement (Main Street Capital CORP), Credit Agreement (MSC Income Fund, Inc.), Credit Agreement (MSC Income Fund, Inc.)
Independence of Covenants. 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 be otherwise be within the limitations of, another covenant shall not avoid the occurrence of a an Event of Default or an Potential Event of Default if such action is taken or condition exists.
Appears in 25 contracts
Samples: Credit Agreement (Owens-Illinois Group Inc), Credit Agreement (Owens Illinois Group Inc), Secured Credit Agreement (Oi Levis Park STS Inc)
Independence of Covenants. All of the covenants hereunder contained in this Agreement and the other Transaction Documents shall be given independent effect so that if a particular action action, event or condition is not permitted prohibited by any one of such covenants, the fact that it would be permitted by an exception to, or would otherwise be in compliance within the limitations provisions of, another covenant shall not avoid the occurrence of a Default or an Event of Default if such action is taken taken, such event occurs or such condition exists.
Appears in 24 contracts
Samples: Loan Agreement (Schiff Nutrition International, Inc.), Financing Agreement (Vanguard Car Rental Group Inc.), Loan Agreement (Labarge Inc)
Independence of Covenants. 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 be otherwise be within the limitations limitation of, another covenant shall not avoid the occurrence of a Default or an Event of Default if such action is taken or condition exists.
Appears in 24 contracts
Samples: Senior Subordinated Loan Agreement (Symmetry Medical Inc.), Revolving Intercreditor Agreement (Frederick's of Hollywood Group Inc /Ny/), Credit Agreement (Ivax Corp /De)
Independence of Covenants. All covenants hereunder and agreements in this Indenture and the Notes shall be given independent effect so that if a any 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.. SIGNATURES
Appears in 24 contracts
Samples: Agreement of Compromise and Settlement (Huntsman CORP), Indenture (Huntsman International LLC), Indenture (Huntsman Petrochemical Finance Co)
Independence of Covenants. All covenants hereunder under this Agreement and other Loan Documents shall be given independent effect so that if a particular action or condition is not permitted by any of such covenantsone covenant, the fact that it would be permitted by an exception toanother covenant, or would otherwise be within the limitations of, another covenant shall not avoid the occurrence of a an Event of Default or an Unmatured Event of Default if such action is taken or condition exists.
Appears in 23 contracts
Samples: Credit Agreement (P10, Inc.), Credit Agreement (Silvercrest Asset Management Group Inc.), Credit Agreement (P10, Inc.)
Independence of Covenants. 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 be otherwise be within the limitations limitation of, another covenant shall not avoid the occurrence of a Default or an Event of Default or Default if such action is taken or condition exists.
Appears in 21 contracts
Samples: Credit Agreement (Sprague Resources LP), Credit Agreement (Sprague Resources LP), Credit Agreement (Sprague Resources LP)
Independence of Covenants. All covenants Each covenant hereunder shall be given independent effect so that if a particular action or condition is not permitted by any of such covenantscovenant, the fact that it would be permitted by an exception to, or would be otherwise be within the limitations of, another covenant shall not avoid the occurrence of a any Default or an Event of Default if such action is taken or condition existsDefault.
Appears in 18 contracts
Samples: Loan Agreement (Stratus Properties Inc), Loan Agreement (Stratus Properties Inc), Loan Agreement (Stratus Properties Inc)
Independence of Covenants. All covenants hereunder and agreements in this Indenture shall be given independent effect so that if a particular action or condition is not permitted by any of such covenantscovenant, the fact that it would be permitted by an exception to, or would be 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.
Appears in 17 contracts
Samples: Senior Indenture (Allied Waste Industries Inc), Subordinated Indenture (Eastern Environmental Services Inc), Subordinated Indenture (Eastern Environmental Services Inc)
Independence of Covenants. All covenants hereunder and agreements in this Indenture shall be given independent effect so that if a any 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.
Appears in 17 contracts
Samples: Indenture (Vertis Inc), Indenture (Webcraft LLC), Indenture (USA Direct, LLC)
Independence of Covenants. All covenants Each covenant hereunder shall be given independent effect (subject to any exceptions stated in such covenant) so that if a particular action or condition is not permitted by any of such covenantscovenant (taking into account any such stated exception), the fact that it would be permitted by an exception to, or would be 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 such condition exists.
Appears in 17 contracts
Samples: Credit Agreement (Credit Acceptance Corp), Credit Agreement (Credit Acceptance Corp), Credit Agreement (Credit Acceptance Corp)
Independence of Covenants. 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 or Default if such action is taken or condition exists.
Appears in 16 contracts
Samples: Credit Agreement (EngageSmart, LLC), Credit Agreement (EngageSmart, LLC), Note Purchase Agreement (OTG EXP, Inc.)
Independence of Covenants. 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 be otherwise be within the limitations limitation of, another covenant covenant, shall not avoid the occurrence of a Default Unmatured Credit Event or an Credit Event of Default if such action is taken or condition exists.
Appears in 15 contracts
Samples: Loan Facility Agreement and Guaranty (Aaron's Company, Inc.), Loan Facility Agreement and Guaranty (Aaron's Company, Inc.), Loan Facility Agreement and Guaranty (Aaron's Company, Inc.)
Independence of Covenants. All covenants hereunder contained in this Agreement and in the other Loan Documents 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 such action or condition would be permitted by an exception to, or would otherwise be within the limitations of, another covenant covenant, shall not avoid the occurrence of a Default or an Event of Default if such action is taken or condition exists.
Appears in 15 contracts
Samples: Credit Agreement (Weatherford International PLC), Day Revolving Credit Agreement (Weatherford International PLC), Credit Agreement (Weatherford International PLC)
Independence of Covenants. All covenants hereunder under this Agreement and the other Financing Agreements 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 be otherwise be within the limitations of, another covenant shall not avoid the occurrence of a Default or an Event of a Matured Default if such action is taken or condition exists.
Appears in 14 contracts
Samples: Loan and Security Agreement, Loan Agreement (Andersons, Inc.), Loan Agreement (Andersons Inc)
Independence of Covenants. 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 be 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.
Appears in 14 contracts
Samples: Credit Agreement (DISH Network CORP), Credit Agreement (DISH Network CORP), Credit Agreement (DISH Network CORP)
Independence of Covenants. All covenants hereunder contained in this Agreement 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 such action or condition 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.
Appears in 14 contracts
Samples: Revolving Credit Facility Agreement (Southwest Airlines Co), Revolving Credit Facility Agreement (Southwest Airlines Co), Revolving Credit Facility Agreement (Southwest Airlines Co)
Independence of Covenants. All covenants hereunder shall be given independent effect so that if a particular action or condition is not permitted by any of such covenantscovenant, the fact that it would be permitted by an exception to, or would be otherwise be within the limitations of, another covenant shall not avoid the occurrence of a Default or an Event of Default or any event or condition which with notice or lapse of time, or both, could become such a Default or an Event of Default if such action is taken or such condition exists.
Appears in 13 contracts
Samples: Credit Agreement, Credit Agreement (QC Holdings, Inc.), Credit Agreement (QC Holdings, Inc.)
Independence of Covenants. 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.
Appears in 13 contracts
Samples: Credit Agreement (Central European Media Enterprises LTD), Lender Agreement (Bloom Energy Corp), Lender Agreement (Bloom Energy Corp)
Independence of Covenants. All covenants hereunder under the Transaction Documents 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 be 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 such condition exists.
Appears in 12 contracts
Samples: Guaranty Agreement (Williams Sonoma Inc), Guaranty Agreement (Williams Sonoma Inc), Guaranty Agreement (Williams Sonoma Inc)
Independence of Covenants. 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 be otherwise be within the limitations of, another covenant shall not avoid the occurrence of a an Event of Default or an Unmatured Event of Default if such action is taken or condition exists.
Appears in 12 contracts
Samples: Warehousing Credit Agreement (MDC Holdings Inc), Loan Agreement (Equity Lifestyle Properties Inc), Credit Agreement (Equity Lifestyle Properties Inc)
Independence of Covenants. All covenants hereunder and other agreements contained in this Agreement or any other Loan Document shall be given independent effect so that that, if a particular action or condition is not permitted by any of such covenantscovenants or other agreements, the fact that it such action or condition would be permitted by an exception to, or would otherwise be within the limitations of, another covenant or other agreement shall not avoid the occurrence of a Default or an Event of Default if such action is taken or such condition exists.
Appears in 12 contracts
Samples: Credit Agreement (Kellogg Co), Credit Agreement (WK Kellogg Co), Credit Agreement (Alico, Inc.)
Independence of Covenants. All covenants hereunder contained in this Agreement 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 such action or condition 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.
Appears in 11 contracts
Samples: Credit Agreement (Sysco Corp), Credit Agreement (Sysco Corp), Assignment and Assumption (Sysco Corp)
Independence of Covenants. 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.
Appears in 11 contracts
Samples: Subordinated Note Agreement, Credit Agreement (Isramco Inc), Pledge and Security Agreement (St Cloud Capital Partners Lp)
Independence of Covenants. 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 such covenant shall not avoid the occurrence of a Default or an Event of Default if such action is taken or condition exists.
Appears in 11 contracts
Samples: Credit Agreement (Taylor Morrison Home Corp), Credit Agreement (Taylor Morrison Home Corp), 364 Day Credit Agreement (Taylor Morrison Home Corp)
Independence of Covenants. All covenants hereunder under this Agreement 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 an Event of Default or an Potential Event of Default if such action is taken or condition exists.
Appears in 11 contracts
Samples: Credit Agreement (Atlas Air Inc), Credit Agreement (Atlas Air Inc), Credit Agreement (Atlas Air Inc)
Independence of Covenants. All Except as otherwise expressly stated in a covenant herein, 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 be 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.
Appears in 11 contracts
Samples: Note Purchase Agreement (Cubic Energy Inc), Intercreditor Agreement (NextWave Wireless Inc.), Exchange Agreement (NextWave Wireless Inc.)
Independence of Covenants. All covenants hereunder under this Agreement shall each be given independent effect so that if a particular action or condition is not permitted by any of such covenantscovenant, the fact that it would be permitted by another covenant, by an exception tothereto, or would be otherwise be within the limitations ofthereof, another covenant shall not avoid the occurrence of a Default or an Event of Default if such action is taken or condition exists.
Appears in 11 contracts
Samples: Credit and Guaranty Agreement (Macerich Co), Security Agreement (Idleaire Technologies Corp), Revolving Credit Agreement (Ps Business Parks Inc/Ca)
Independence of Covenants. All covenants hereunder shall be given independent effect so that if a particular action or condition is not permitted by any of such covenantscovenant, the fact that it would be permitted by an exception to, or would be otherwise be within the limitations of, another covenant shall not avoid the occurrence of a an Event of Default or any event or condition which with notice or lapse of time, or both, could become such an Event of Default if such action is taken or such condition exists.
Appears in 11 contracts
Samples: Credit Agreement (Comstock Resources Inc), Credit Agreement (Comstock Resources Inc), Credit Agreement (Comstock Resources Inc)
Independence of Covenants. 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 be 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 such condition exists.
Appears in 10 contracts
Samples: Loan and Security Agreement (GlassBridge Enterprises, Inc.), Loan and Security Agreement (Digerati Technologies, Inc.), Loan and Security Agreement (AmeriCrew Inc.)
Independence of Covenants. 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 be 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 such condition exists.
Appears in 9 contracts
Samples: Credit and Security Agreement (loanDepot, Inc.), Credit and Security Agreement (loanDepot, Inc.), Credit and Security Agreement (loanDepot, Inc.)
Independence of Covenants. 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 otherwise 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.
Appears in 9 contracts
Samples: Loan Agreement (Cornerstone Bancshares Inc), Loan and Security Agreement (Forward Air Corp), Loan and Security Agreement (European Micro Holdings Inc)
Independence of Covenants. 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 such covenant shall not avoid the occurrence of a an Default or an Event of Default if such action is taken or condition exists.
Appears in 8 contracts
Samples: Credit Agreement (Transportation Technologies Industries Inc), Credit Agreement (Real Mex Restaurants, Inc.), Assignment Agreement (Transportation Technologies Industries Inc)
Independence of Covenants. All covenants hereunder shall be given independent effect so that if a particular action or condition is not permitted by any of such covenantscovenant hereunder, the fact that it would be permitted by an exception to, or would otherwise be within the limitations of, another covenant hereunder shall not avoid the occurrence of a Default or an Event of Default if such action is taken or condition exists.
Appears in 7 contracts
Samples: Credit Agreement (ACCO BRANDS Corp), Credit Agreement (ACCO BRANDS Corp), Credit Agreement (ACCO BRANDS Corp)
Independence of Covenants. All covenants hereunder shall be given independent effect so that if a particular action or condition is not permitted prohibited by any one of such covenants, the fact that it would be permitted by an exception to, or would otherwise be in compliance 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 such condition exists.
Appears in 7 contracts
Samples: Guaranty Agreement (Oil-Dri Corp of America), Private Shelf Agreement (Advanced Drainage Systems, Inc.), Note Purchase Agreement (Kapstone Paper & Packaging Corp)
Independence of Covenants. 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 be otherwise be within the limitations limitation of, another covenant covenant, shall not avoid the occurrence of a Default or an Event of Default if such action is taken or condition exists. To the extent any of the terms of this Agreement conflicts with the terms of the other Loan Documents, the terms of this Agreement shall control.
Appears in 7 contracts
Samples: Loan Agreement (Summit Hotel Properties, Inc.), Loan Agreement (Summit Hotel Properties, Inc.), Loan Agreement by And (Summit Hotel OP, LP)
Independence of Covenants. All covenants hereunder shall under this Agreement will each be given independent effect so that if a particular action or condition is not permitted by any of such covenantscovenant, the fact that it would be permitted by another covenant, by an exception tothereto, or would be otherwise be within the limitations ofthereof, another covenant shall will not avoid the occurrence of a an Event of Default or an Unmatured Event of Default if such action is taken or condition exists.
Appears in 7 contracts
Samples: Credit Agreement (Mueller Industries Inc), Credit Agreement (Mueller Industries Inc), Credit Agreement (Spartan Stores Inc)
Independence of Covenants. 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.. Section 11.7
Appears in 7 contracts
Samples: Credit Agreement (Ebix Inc), Credit Agreement (Orion Group Holdings Inc), Credit Agreement (Orion Group Holdings Inc)
Independence of Covenants. 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 be otherwise be within the limitations of, another covenant shall not avoid the occurrence of a an Default or an Event of Default if such action is taken or condition exists.
Appears in 6 contracts
Samples: Master Repurchase Agreement (Northstar Realty), Credit Agreement (Arbor Realty Trust Inc), Revolving Loan Agreement (Arbor Realty Trust Inc)
Independence of Covenants. 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 as 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 or Default if such action is taken or condition exists.
Appears in 6 contracts
Samples: Securities Purchase Agreement (TRM Corp), Securities Purchase Agreement (TRM Corp), First Lien Senior Secured Credit Agreement (Terremark Worldwide Inc)
Independence of Covenants. 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 as an exception to, or would otherwise be within the limitations of, another covenant covenants shall not avoid the occurrence of a Default or an Event of Default if or Default of such action is taken or condition exists.
Appears in 6 contracts
Samples: Credit Agreement (ADESTO TECHNOLOGIES Corp), Credit Agreement (Blackline, Inc.), Warrant Purchase Agreement (Blackline, Inc.)
Independence of Covenants. 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.. 11.20
Appears in 6 contracts
Samples: Credit Agreement (Tutor Perini Corp), Credit Agreement (Tutor Perini Corp), Credit Agreement (Tutor Perini Corp)
Independence of Covenants. 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 an Event of Default or an a Potential Event of Default if such action is taken or condition exists.
Appears in 6 contracts
Samples: Credit Agreement (Assurant, Inc.), Term Loan Agreement (Assurant Inc), Credit Agreement (Assurant Inc)
Independence of Covenants. 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 otherwise 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.
Appears in 6 contracts
Samples: Credit Agreement (Nn Inc), Credit Agreement (I Trax Inc), Credit Agreement (Cti Molecular Imaging Inc)
Independence of Covenants. 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 be otherwise be within the limitations of, another covenant shall not avoid the occurrence of a Default or an Event of Default or Default if such action is taken or condition exists.
Appears in 6 contracts
Samples: Credit Agreement (Lendway, Inc.), Credit Agreement (Galaxy Gaming, Inc.), Credit Agreement (Galaxy Gaming, Inc.)
Independence of Covenants. 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.
Appears in 6 contracts
Samples: Master Note Purchase Agreement (Ontrak, Inc.), Master Note Purchase Agreement (Ontrak, Inc.), Master Note Purchase Agreement (Ontrak, Inc.)
Independence of Covenants. 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 be otherwise be within the limitations of, another covenant shall not avoid the occurrence of a an Event of Default or an Unmatured Event of Default if such action is taken or condition exists.
Appears in 5 contracts
Samples: Credit Agreement (Matrix Bancorp Inc), Credit Agreement (New Century Financial Corp), Credit Agreement (New Century Financial Corp)
Independence of Covenants. All covenants hereunder shall be given in any jurisdiction 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 be 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. Section 12.16.
Appears in 5 contracts
Samples: Credit Agreement (Equity Lifestyle Properties Inc), Credit Agreement (Equity Lifestyle Properties Inc), Credit Agreement (Equity Lifestyle Properties Inc)
Independence of Covenants. All covenants hereunder shall be given independent effect so that if a particular action or condition is not permitted by any of such covenantscovenant, the fact that it would be permitted by an exception to, or would be otherwise be within the limitations of, another covenant shall not avoid the occurrence of a an Unmatured Event or an Event of Default or any event or condition which with notice or lapse of time, or both, could become such an Unmatured Event or an Event of Default if such action is taken or such condition exists.
Appears in 5 contracts
Samples: Credit Agreement (Key Plastics Inc), Guaranty Agreement (Iae Inc), Credit Agreement (Standard Parking Ii LLC)
Independence of Covenants. 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 be 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 such condition exists.
Appears in 5 contracts
Samples: Credit Agreement (Earthwatch Inc), Credit Agreement (Ipcs Inc), Lease Agreement (Mail Well I Corp)
Independence of Covenants. All covenants hereunder contained herein 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 such action or condition would be permitted by an exception to, or would otherwise be within the limitations of, of another covenant shall not avoid the occurrence of a Default or an Event of Default if such action is taken or condition exists.
Appears in 5 contracts
Samples: Second Lien Term Loan Agreement (Summer Energy Holdings Inc), Credit Agreement (Summer Energy Holdings Inc), Secured Credit Agreement (Proxicom Inc)
Independence of Covenants. All covenants hereunder shall be given independent effect so that if a particular action or condition is not permitted by any of such covenantscovenant, the fact that it would be permitted by an exception to, or would be otherwise be within the limitations limitation of, another covenant shall not avoid the occurrence of a Default or Event of Default or any event or condition which with notice or lapse of time, or both, could become such a Default or an Event of Default if such action is taken or such condition exists.
Appears in 5 contracts
Samples: Revolving Credit Agreement (Ag-Chem Equipment Co Inc), Term Revolving Credit Agreement (Ag-Chem Equipment Co Inc), Credit Agreement (Ag-Chem Equipment Co Inc)
Independence of Covenants. 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 an Unmatured Default or an Event of Default if such action is taken or condition exists.
Appears in 5 contracts
Samples: Credit Agreement (Protective Life Insurance Co), Credit Agreement (Protective Life Insurance Co), Term Loan Credit Agreement (Protective Life Corp)
Independence of Covenants. 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 be otherwise be within the limitations limitation of, another covenant covenant, shall not avoid the occurrence of a Default or an Event of Default if such action is taken or condition exists.
Appears in 4 contracts
Samples: Credit Agreement (Gold Kist Inc), Loan Agreement (Intercept Group Inc), Contribution Agreement (Rotech Medical Corp)
Independence of Covenants. All covenants hereunder here under 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 be otherwise be within the limitations of, another covenant shall not avoid the occurrence of a Default or an Event of Default or Default if such action is taken or condition exists.
Appears in 4 contracts
Samples: Credit Agreement (Stellex Industries Inc), Credit Agreement (Donna Karan International Inc), Credit Agreement (General Inspection Laboratories Inc)
Independence of Covenants. All covenants hereunder shall be given independent effect so that if a particular action or condition is not permitted by any one of such covenants, the fact that it would be permitted by an exception to, or would be 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.
Appears in 4 contracts
Samples: Reimbursement Agreement, Reimbursement Agreement, Reimbursement Agreement
Independence of Covenants. All covenants hereunder and agreements in this Indenture shall be given independent effect so that if a any 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 Indenture Event of Default if such action is taken or condition exists.
Appears in 4 contracts
Samples: Contribution and Servicing Agreement (Dvi Receivables Corp Viii), Indenture (Dvi Receivables Corp Viii), Indenture (Dvi Receivables Corp Viii)
Independence of Covenants. 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 will not avoid the occurrence of a Default or an Event of Default if such action is taken or condition exists.
Appears in 4 contracts
Samples: Security Agreement (Wornick CO Right Away Division, L.P.), Senior Secured Note Security Agreement (155 East Tropicana, LLC), Security Agreement (TWC Holding Corp.)
Independence of Covenants. All covenants hereunder shall be given in any jurisdiction 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 be 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.. β
Appears in 4 contracts
Samples: Term Loan Agreement (Sunstone Hotel Investors, Inc.), Credit Agreement (Sunstone Hotel Investors, Inc.), Credit Agreement (Sunstone Hotel Investors, Inc.)
Independence of Covenants. All covenants of the Company hereunder shall be given of independent effect so that if a particular action or condition is not permitted by any one of such covenants, the fact that it would be permitted by an exception to, or would otherwise be within the other limitations of, another covenant covenant, shall not avoid the occurrence of a Default or an Event of Default or Default if such action is taken or condition exists.
Appears in 4 contracts
Samples: Stanley Furniture (Stanley Furniture Co Inc.), Stanley Furniture (Stanley Furniture Co Inc.), Stanley Furniture (Stanley Furniture Co Inc/)
Independence of Covenants. All covenants hereunder shall be given independent effect so that if a particular action or condition is not permitted by any of such covenantscovenant, the fact that it would be permitted by an exception to, or would be 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 such condition exists.
Appears in 4 contracts
Samples: Credit Agreement (Petroleum Development Corp), Credit Agreement (Hurco Companies Inc), Credit Agreement (Hurco Companies Inc)
Independence of Covenants. All covenants hereunder and agreements in this Amended and Restated Indenture shall be given independent effect so that if a any 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 Indenture Event of Default if such action is taken or condition exists.
Appears in 4 contracts
Samples: Indenture (Dvi Receivables Corp Viii), Indenture (Dvi Receivables Corp Viii), Indenture (Dvi Receivables Corp Viii)
Independence of Covenants. 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, of another covenant shall not avoid the occurrence of a Potential Default or an Event of Default if such action is taken or condition exists.
Appears in 4 contracts
Samples: Credit Agreement (Trammell Crow Co), Credit Agreement (Trammell Crow Co), Credit Agreement (Trammell Crow Co)
Independence of Covenants. 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, to another covenant shall not avoid the occurrence of a an Event of Default or an Potential Event of Default if such action is taken or condition exists.
Appears in 4 contracts
Samples: Credit Agreement (Mosaic Co), Credit Agreement (Mosaic Co), Credit Agreement (Jones Financial Companies LLLP)
Independence of Covenants. All covenants hereunder shall are to be given independent effect so that if a particular action or condition is not permitted by any of such covenantscovenant, the fact that it would be permitted by an exception to, or would be otherwise be within the limitations of, another covenant shall not avoid the occurrence of a Default default or an Event of Default if such action is taken or such condition exists.
Appears in 4 contracts
Samples: Loan and Security Agreement (Transcat Inc), Loan and Security Agreement (Centrum Industries Inc), Execution Copy (I/Omagic Corp)
Independence of Covenants. All covenants hereunder and under the other Credit Documents 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 be otherwise be within the limitations limitation of, another covenant covenant, shall not avoid the occurrence of a Default or an Event of Default if such action is taken or condition exists.
Appears in 4 contracts
Samples: Credit and Term Loan Agreement (Catalina Lighting Inc), Revolving Credit and Term Loan Agreement (Conso International Corp), Revolving Credit and Term Loan Agreement (Catalina Lighting Inc)
Independence of Covenants. All covenants Each covenant hereunder shall be given independent effect (subject to any exceptions stated in such covenant) so that if a particular action or condition is not permitted by any of such covenantscovenant (taking into account any such stated exception), the fact that it would be permitted by an exception to, or would be 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.Default. 12.20
Appears in 4 contracts
Samples: Security Agreement (Rent the Runway, Inc.), Security Agreement (Rent the Runway, Inc.), Security Agreement (Rent the Runway, Inc.)
Independence of Covenants. 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 be otherwise be within the limitations limitation of, another covenant shall not avoid the occurrence of a Default or an Event of Default or Default if such action is taken or condition exists.
Appears in 4 contracts
Samples: Senior Subordinated Loan Agreement (GTCR Golder Rauner LLC), Loan Agreement (Zefer Corp), Senior Subordinated Loan Agreement (GTCR Golder Rauner LLC)
Independence of Covenants. All covenants hereunder under this Agreement shall be given independent effect so that if a particular action or condition is not permitted by any of such covenantsone covenant, the fact that it would be permitted by another covenant, by an exception tothereto, or would otherwise be within the limitations ofthereof, another covenant shall not avoid the occurrence of a Default or an Event breach of Default this Agreement if such action is taken or condition exists.
Appears in 4 contracts
Samples: Counterpart Stock Purchase Agreement (Ness Technologies Inc), Consultant Agreement (New Century Equity Holdings Corp), Purchase and Option Agreement (Fieldworks Inc)
Independence of Covenants. 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 otherwise 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.
Appears in 4 contracts
Samples: Credit Agreement (America Service Group Inc /De), Credit Agreement (America Service Group Inc /De), Credit Agreement (America Service Group Inc /De)
Independence of Covenants. All covenants hereunder in this Agreement or any other Investment Document shall each be given independent effect so that if a particular action or condition is not permitted by any of such covenantscovenant, the fact that it would be permitted by another covenant, by an exception tothereto, or would be otherwise be within the limitations ofthereof, another covenant shall not avoid the occurrence of a Default or an Event of Default if such action is taken or condition exists.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Levine Leichtman Capital Partners Ii Lp), Securities Purchase Agreement (Overhill Farms Inc), Securities Purchase Agreement (Levine Leichtman Capital Partners Ii Lp)
Independence of Covenants. All covenants hereunder and agreements under this Agreement shall each be given independent effect so that if a particular action or condition is not permitted by any of such covenantscovenant, the fact that it would be permitted by another covenant, by an exception tothereto, or would be otherwise be within the limitations ofthereof, another covenant shall not avoid the occurrence of a Default or an Event of Default if such action is taken or condition exists.
Appears in 4 contracts
Samples: Pledge and Security Agreement (General Finance CORP), Securities Purchase Agreement (General Finance CORP), Securities Purchase Agreement (Levine Leichtman Capital Partners Ii Lp)
Independence of Covenants. All covenants and agreements hereunder shall be given independent effect so that if a particular action or condition is not permitted by any of such covenantscovenants or agreements, the fact that it would be permitted by an exception to, or would otherwise be within the limitations of, another covenant or agreement, shall not avoid the occurrence of a Default or an Event of Default if such action is taken or such condition exists.
Appears in 3 contracts
Samples: Credit Agreement (Sanders Morris Harris Group Inc), Credit Agreement (Sanders Morris Harris Group Inc), Credit Agreement (Sanders Morris Harris Group Inc)
Independence of Covenants. All covenants hereunder shall be given in any jurisdiction independent effect so that if a particular action or condition is not permitted prohibited by any of such covenants, the fact that it would be permitted by an exception to, or would be 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 existsexists contrary to such prohibition.
Appears in 3 contracts
Samples: Credit Agreement (Saul Centers Inc), Term Loan Agreement (Post Apartment Homes Lp), Credit Agreement (Post Apartment Homes Lp)
Independence of Covenants. All covenants hereunder shall be given independent effect so that 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.
Appears in 3 contracts
Samples: Credit Agreement (Heritage Insurance Holdings, Inc.), Credit Agreement (Heritage Insurance Holdings, Inc.), Credit Agreement (Heritage Insurance Holdings, Inc.)
Independence of Covenants. 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 be otherwise be within the limitations of, another covenant shall not avoid the occurrence of a Default or an Event of Default default if such action is taken or condition exists.
Appears in 3 contracts
Samples: Security Agreement (Riviera Holdings Corp), Security Agreement (Riviera Black Hawk Inc), Exhibit 4 Stock Pledge Agreement (BSR Investments LTD)
Independence of Covenants. 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 be otherwise be within the limitations of, another covenant shall not avoid the occurrence of a Default or an Event of Default or Default if such action is taken or condition exists.
Appears in 3 contracts
Samples: Credit Agreement (Mattel Inc /De/), Credit Agreement (Watson Pharmaceuticals Inc), Master Repurchase Agreement (New Century Financial Corp)
Independence of Covenants. All of the covenants hereunder contained in this ------------------------- Agreement and the other Transaction Documents shall be given independent effect so that if a particular action action, event or condition is not permitted prohibited by any one of such covenants, the fact that it would be permitted by an exception to, or would otherwise be in compliance within the limitations provisions of, another covenant shall not avoid the occurrence of a Default or an Event of Default if such action is taken taken, such event occurs or such condition exists.
Appears in 3 contracts
Samples: Loan Agreement (Amrep Corp), Loan Agreement (Air Methods Corp), Loan Agreement (Hennessy Advisors Inc)
Independence of Covenants. All covenants hereunder and agreements in this Indenture, the Securities and the Subsidiary Guarantees shall be given independent effect so that if a any 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.
Appears in 3 contracts
Samples: Navistar International Corp /De/New, Navistar International Corp /De/New, Navistar Financial Corp
Independence of Covenants. 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. 10.8.
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (QualTek Services Inc.), Credit and Guaranty Agreement (Lifecore Biomedical, Inc. \De\), Credit and Guaranty Agreement (Newtek Business Services Corp.)
Independence of Covenants. 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 not result in a default under subsection 7.6 shall not avoid the occurrence of a an Event of Default or an Potential Event of Default if such action is taken or condition exists.
Appears in 3 contracts
Samples: Credit Agreement (Ruths Hospitality Group, Inc.), Credit Agreement (Ruths Chris Steak House, Inc.), Credit Agreement (Ruths Chris Steak House, Inc.)
