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 802 contracts
Samples: Credit Agreement (Abacus Life, Inc.), Credit Agreement (Healthpeak Properties, Inc.), Credit and Guaranty Agreement (PLBY 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 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 296 contracts
Samples: Credit Agreement (U.S. Silica Holdings, Inc.), Credit Agreement (U.S. Silica Holdings, Inc.), Credit Agreement (Ferroglobe PLC)
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 281 contracts
Samples: Credit Agreement (RLJ Lodging Trust), Credit Agreement (Elme Communities), Credit Agreement (American Homes 4 Rent, L.P.)
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 146 contracts
Samples: Credit Agreement (Direct Digital Holdings, Inc.), Credit Agreement (LandBridge Co LLC), Credit Agreement (Bgsf, 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 existsDefault.
Appears in 111 contracts
Samples: Credit Agreement (National Beverage Corp), Credit Agreement (National Beverage Corp), Credit Agreement (Warby Parker 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 107 contracts
Samples: Indenture (Qwest Corp), Indenture (Qwest Corp), Indenture (Qwest Corp)
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 99 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 93 contracts
Samples: Modification Agreement (Century Communities, Inc.), Credit Agreement (ArrowMark Financial Corp.), Credit Agreement (Carlisle Companies 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 (Geo MCF Lp, LLC), Indenture (Sonic Automotive 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 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), 364 Day Term Loan Credit Agreement (Textron Inc), Credit Agreement (Textron Inc)
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 51 contracts
Samples: Indenture (Chaparral Energy, Inc.), Supplemental Indenture (GMX Resources Inc), Indenture (GMX Resources Inc)
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 50 contracts
Samples: Warehouse Loan Agreement (Trinity Industries Inc), Credit Agreement (NGL Energy Partners LP), Credit Agreement (KLX Energy Services 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 if such action is taken or condition exists.
Appears in 49 contracts
Samples: Credit Agreement, Note Purchase Agreement (Nevada Geothermal Power Inc), Credit Agreement (Lauder Ronald S)
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 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 (Learning Care Group, Inc)
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), Note Purchase and Private Shelf Agreement (DREW INDUSTRIES Inc), Note Purchase and Private Shelf Agreement (Drew 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 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 26 contracts
Samples: Credit Agreement (Owens-Illinois Group Inc), Credit Agreement (7 Eleven Inc), Secured Credit Agreement (Owens Illinois Inc /De/)
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.), Intercreditor and Subordination Agreement (Frederick's of Hollywood Group Inc /Ny/), Credit Agreement (Styling Technology 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 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 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 18 contracts
Samples: Indenture (Town Sports International Inc), Indenture (Perry-Judds Inc), Indenture (Hawk Motors Inc)
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 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 (Vertis Inc), Indenture (Webcraft 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 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: Subordinated Indenture (Mapco Inc), Senior Indenture (Allied Waste Industries Inc), Senior Indenture (Allied Waste 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 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 17 contracts
Samples: Credit Agreement (EngageSmart, LLC), Credit Agreement (EngageSmart, LLC), Note Purchase Agreement (OTG EXP, 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 15 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 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 (Aaron's Company, Inc.), Loan Facility Agreement and Guaranty (Aaron's Company, Inc.), Loan Facility Agreement (Aaron's Company, 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 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: Revolving Loan Facility Credit Agreement (Central European Media Enterprises LTD), Credit Agreement (Bloom Energy Corp), Credit 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: Reimbursement Agreement (Williams Sonoma Inc), Reimbursement Agreement (Williams Sonoma Inc), Reimbursement 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), Global Credit Agreement (Comdisco Inc), Loan Agreement (Equity Lifestyle Properties 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), 364 Day Bridge Term Loan Agreement (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 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 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, Term Loan Credit Agreement (Isramco Inc), Pledge and Security Agreement (Prolong International Corp)
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: Security Agreement (Idleaire Technologies Corp), Credit and Guaranty Agreement (Macerich Co), Revolving Credit Agreement (Ps Business Parks Inc/Ca)
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 Worldwide Holdings Inc), Credit Agreement (Atlas Air 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 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 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), Third Lien Subordinated Exchange Agreement (NextWave Wireless Inc.), Purchase Agreement (NextWave Wireless 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 10 contracts
Samples: Credit Agreement (Real Mex Restaurants, Inc.), Credit Agreement (Real Mex Restaurants, Inc.), Credit 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 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 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 Agreement (Bethlehem Corp), Loan and Security Agreement (Landair 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 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 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 8 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 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 8 contracts
Samples: Loan Agreement, Loan Agreement (Summit Hotel Properties, Inc.), Loan Agreement (Summit Hotel Properties, Inc.)
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: Amended and Restated Note Purchase and Private Shelf 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 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 (Mueller 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 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: Credit Agreement (Arbor Realty Trust Inc), Master Repurchase Agreement (Northstar Realty), 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 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 (Symbion Inc/Tn), Credit Agreement (I Trax 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), Credit Agreement (Clearlake Capital Partners, LLC), 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 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 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 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 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.), Credit 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 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 (MSX International Inc), Credit Agreement (Key Plastics Inc), Credit Agreement (MSX International Business Services 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 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 5 contracts
Samples: Credit Agreement (Ruths Hospitality Group, Inc.), Credit Agreement (Ruths Chris Steak House, Inc.), Credit Agreement (Ruths Chris Steak House, 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 (New Century Financial Corp), Credit Agreement (New Century Financial Corp), Credit Agreement (New Century 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 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: Short Term Revolving Credit Agreement (Ag-Chem Equipment Co Inc), Revolving Credit Agreement (Ag-Chem Equipment Co Inc), Revolving 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 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 (Mail Well Inc), Credit Agreement (Ipcs Inc)
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), Credit Agreement (Lunn Industries Inc /De/)
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: Loan Agreement (Intercept Group Inc), Revolving Credit and Line of Credit Agreement (Rotech Medical Corp), Revolving Credit and Line of Credit Agreement (Rotech Medical 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: Revolving 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 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: Note Purchase and Private Shelf Agreement (Stanley Furniture Co Inc.), Note Purchase and Private Shelf Agreement (Stanley Furniture Co Inc.), Private Shelf Facility Agreement (Stanley Furniture Co Inc/)
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 (I/Omagic Corp), Loan and Security Agreement (Transcat 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 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 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 and under the other Financing 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 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: Loan Guarantee Agreement (EVgo Inc.), Loan Guarantee Agreement (Eos Energy Enterprises, Inc.), Sponsor Support and Subordination Agreement (Li-Cycle Holdings 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 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: Loan and Security Agreement (Tower Air Inc), Loan and Security Agreement (Right Start Inc /Ca), Loan and Security Agreement (Valhi Inc /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 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 4 contracts
Samples: Credit Agreement (Saul Centers Inc), Credit Agreement (Saul Centers Inc), Term Loan Agreement (Post Apartment Homes Lp)
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 (General Inspection Laboratories Inc), Credit Agreement (General Inspection Laboratories Inc), Credit Agreement (Donna Karan International 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 Note (Talentpoint Inc)
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: Stock Purchase Agreement (Ness Technologies Inc), Stock Purchase 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 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 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 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: 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 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 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 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 (TWC Holding Corp.), Security Agreement (155 East Tropicana, LLC), Security Agreement (Oasis Interval Ownership, LLC)
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: Securities Purchase Agreement (General Finance CORP), Securities Purchase Agreement (General Finance CORP), Securities Purchase Agreement (Levine Leichtman Capital Partners Ii Lp)
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 (Overhill Farms Inc), Securities Purchase Agreement (Levine Leichtman Capital Partners Ii Lp), Securities Purchase Agreement (Overhill Farms Inc)
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 will not avoid the occurrence of a Default default or an Event of Default if such the action is taken or the condition exists.
Appears in 3 contracts
Samples: Loan and Security Agreement (Hightimes Holding Corp.), Loan and Security Agreement (Origo Acquisition Corp), Loan and Security Agreement (Electronic Cigarettes International Group, 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 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 3 contracts
Samples: Third Secured Term Loan Agreement (MSX International Inc), Secured Term Loan Agreement (MSX International Inc), Secured Credit Agreement (Talkpoint Communications 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 breach hereunder if such action is taken or condition exists.
Appears in 3 contracts
Samples: Credit Agreement, Bluestem Letter Agreement (Bluestem Brands, Inc.), Credit Agreement (Bluestem Brands, Inc.)
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 Black Hawk Inc), Security Agreement (Riviera Holdings Corp), Stock Pledge Agreement (BSR Investments LTD)
Independence of Covenants. All covenants hereunder and agreements in this Indenture, the Notes, the Subordinated Guarantee and the 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: Indenture (Williams Scotsman Inc), Indenture (Williams Scotsman of Canada Inc), Indenture (Mobile Field Office Co)
Independence of Covenants. All covenants hereunder and other agreements contained in this Agreement or any other Basic 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 3 contracts
Samples: Credit Agreement (Empire Resources Inc /New/), Credit Agreement (Empire Resources Inc /New/), Credit Agreement (Empire Resources Inc /New/)
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, 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: Loan and Security Agreement (Widepoint Corp), Loan and Security Agreement (Versar Inc), Loan and Security Agreement (Hadron 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, 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 3 contracts
Samples: Credit Agreement (Standard Parking Corp), Credit Agreement (Ap Holdings Inc), Credit Agreement (Apcoa Standard Parking Inc /De/)
Independence of Covenants. All Except as otherwise expressly provided herein, 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 3 contracts
Samples: Indenture (Rhythms Net Connections Inc), Indenture (Rhythms Net Connections Inc), Indenture (Rhythms Net Connections 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: Indenture (Navistar Financial Corp), Indenture (Navistar International Corp /De/New), Indenture (Navistar International Corp /De/New)
Independence of Covenants. All covenants hereunder and agreements in this Indenture and the Securities 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: Indenture (Aes Corporation), Indenture (Aes Corporation), Indenture (Cadmus Communications Corp/New)
Independence of Covenants. All covenants hereunder Each covenant under this Agreement shall be given independent effect so that if a particular action or condition is not permitted by any of such covenantsthat covenant, 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 any Event of Default if such action is taken or condition existsDefault.
Appears in 3 contracts
Samples: Construction Loan Agreement, Construction Loan Agreement (CNL Growth Properties, Inc.), Construction Loan Agreement (Global Growth 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 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. Lender and Borrower are executing this Agreement as of the date first above written.
Appears in 3 contracts
Samples: Loan Agreement (Pebblebrook Hotel Trust), Loan Agreement (Pebblebrook Hotel Trust), Loan Agreement (Glimcher Realty Trust)
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 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 Unmatured Default if such action is taken or condition exists.
Appears in 3 contracts
Samples: Credit Agreement (Omnicare Inc), Credit Agreement (Omnicare Inc), Credit Agreement (Omnicare Inc)
