Independence of Covenants. All covenants 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 such covenant, the fact that it would be permitted by an exception to, or would be otherwise allowed by, another covenant shall not avoid the occurrence of a Default if such action is taken or such condition exists.
Appears in 34 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 under contained in this Agreement and the each other Loan Documents 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 covenantcovenants, the fact that it would be permitted by an exception to, or would be otherwise allowed bywithin 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 (Associated Materials Inc), Credit Agreement (Dri I Inc)
Independence of Covenants. All of the covenants under contained in this Agreement and the other Loan 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 covenantcovenants, the fact that it would be permitted by an exception to, or would otherwise be otherwise allowed byin compliance within the provisions of, another covenant shall not avoid the occurrence of a Default or 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 (Schiff Nutrition International, Inc.)
Independence of Covenants. All covenants 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 such one covenant, the fact that it would be permitted by an exception toanother covenant, or would be otherwise allowed by, another covenant shall not avoid the occurrence of a an Event of Default or Unmatured Event of Default if such action is taken or such condition exists.
Appears in 23 contracts
Samples: Credit Agreement (P10, Inc.), Amendment and Restatement Agreement (Silvercrest Asset Management Group Inc.), Increase Joinder and First Amendment (P10, Inc.)
Independence of Covenants. All covenants under 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 covenantcovenants, the fact that it such action or condition would be permitted by an exception to, or would otherwise be otherwise allowed bywithin 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 such condition exists.
Appears in 16 contracts
Samples: Senior Secured Debtor in Possession Credit Agreement (Weatherford International PLC), Credit Agreement (Weatherford International PLC), 364 Day Revolving Credit Agreement (Weatherford International PLC)
Independence of Covenants. All covenants under this Agreement and the other Loan Documents Financing Agreements shall be given independent effect so that if a particular action or condition is not permitted by any of such covenantcovenants, the fact that it would be permitted by an exception to, or would be otherwise allowed bywithin the limitations of, another covenant shall not avoid the occurrence of a Default or a Matured Default if such action is taken or such condition exists.
Appears in 14 contracts
Samples: Loan and Security Agreement, Loan Agreement (Andersons, Inc.), Loan Agreement (Andersons Inc)
Independence of Covenants. All covenants under and other agreements contained in this Agreement and the or any other Loan Documents Document shall be given independent effect so that that, if a particular action or condition is not permitted by any of such covenantcovenants or other agreements, the fact that it such action or condition would be permitted by an exception to, or would otherwise be otherwise allowed bywithin the limitations of, another covenant or other agreement shall not avoid the occurrence of a 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 under this Agreement and contained 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 covenantcovenants, the fact that it such action or condition would be permitted by an exception to, or would otherwise be otherwise allowed bywithin 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 8 contracts
Samples: Credit Agreement (Kirby Corp), Second Amended and Restated Credit Agreement (Kirby Corp), Credit Agreement (Kirby Corp)
Independence of Covenants. All covenants 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 such one covenant, the fact that it would be permitted by an exception to, or would be otherwise allowed by, another covenant shall not avoid the occurrence of a an Event of Default or Unmatured Event of Default if such action is taken or such condition exists.
Appears in 5 contracts
Samples: Credit Agreement (Ares Commercial Real Estate Corp), Credit Agreement (Ares Commercial Real Estate Corp), Credit Agreement (Ares Commercial Real Estate Corp)
Independence of Covenants. All covenants 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 covenantcovenants, the fact that it would be permitted by an exception to, or would be otherwise allowed bywithin the limitations of, another covenant shall not avoid the occurrence of a Default if such action is taken or such condition exists.
Appears in 5 contracts
Samples: Credit Agreement (Imperial Financial Group Inc), Credit Agreement (Renaissance Worldwide Inc), Credit Agreement (Renaissance Worldwide Inc)
Independence of Covenants. All covenants Each covenant and agreement of Borrower under this Agreement and the other each Loan Documents Document shall be given independent effect so that that, if a particular action or condition is not permitted prohibited or required by any such covenant, the fact that it would be permitted by an exception to, or would be otherwise allowed bywithin the limitations of, another covenant shall not avoid the occurrence of a Default or Event of Default if such action is taken or such condition exists.
Appears in 4 contracts
Samples: Credit Agreement (Hastings Entertainment Inc), Credit Agreement (Billing Information Concepts Corp), Credit Agreement (Hastings Entertainment Inc)
Independence of Covenants. All covenants 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 such one covenant, the fact that it would be permitted by an exception to, or would be otherwise allowed by, another covenant shall not avoid the occurrence of a an Event of Default or Default if such action is taken or such condition exists.
Appears in 4 contracts
Samples: Credit and Guaranty Agreement (Ares Commercial Real Estate Corp), Credit and Guaranty Agreement (Hunt Companies Finance Trust, Inc.), Credit and Guaranty Agreement (Ares Commercial Real Estate Corp)
Independence of Covenants. All of the covenants under contained in this Agreement and the other Loan 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 covenantcovenants, the fact that it would be permitted by an exception to, or would otherwise be otherwise allowed byin compliance within the provisions of, another covenant shall not avoid the occurrence of a Default or Event of Default if such action is taken taken, such event occurs or such condition exists.
Appears in 4 contracts
Samples: Revolving Credit Agreement (Accentia Biopharmaceuticals Inc), Revolving Credit Agreement (Accentia Biopharmaceuticals Inc), Revolving Credit Agreement (Accentia Biopharmaceuticals Inc)
Independence of Covenants. All covenants 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 covenantcovenants, the fact that it would be permitted by an exception to, or would be otherwise allowed bywithin the limitations of, another covenant shall not avoid the occurrence of a Default if such action is taken or such condition existstaken.
Appears in 3 contracts
Samples: Credit Agreement (Elizabeth Arden Inc), Credit Agreement (Elizabeth Arden Inc), Credit Agreement (Elizabeth Arden Inc)
Independence of Covenants. All covenants under contained in this Agreement and the each other Loan Documents 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 covenantcovenants, the fact that it would be permitted by an exception to, or would be otherwise allowed bywithin 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 3 contracts
Samples: Credit Agreement (Railamerica Inc /De), Credit Agreement (Railamerica Inc /De), Credit Agreement (Railamerica Inc /De)
Independence of Covenants. All covenants under 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 covenantcovenants, the fact that it such action or condition would be permitted by an exception to, or would otherwise be otherwise allowed bywithin 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 such condition exists.
Appears in 3 contracts
Samples: Lc Credit Agreement (Weatherford International PLC), Lc Credit Agreement and u.s. Security Agreement (Weatherford International PLC), Lc Credit Agreement (Weatherford International PLC)
Independence of Covenants. All covenants 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 covenantcovenants, the fact that it would be permitted by an exception to, or would be otherwise allowed bywithin the limitations of, another covenant shall not avoid the occurrence of a Default or Event of Default if such action is taken or such condition exists.
Appears in 3 contracts
Samples: Term Loan Agreement (Smithfield Foods Inc), Term Loan Agreement (Smithfield Foods Inc), Term Loan Agreement (Smithfield Foods Inc)
Independence of Covenants. All covenants 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 such covenantcovenant (a “Restrictive Covenant”), the fact that it such action or condition would be permitted by an exception to, or would be otherwise allowed by, another covenant covenant, shall not avoid the occurrence prevent a violation of a Default such Restrictive Covenant if such action is taken or such condition exists.
Appears in 3 contracts
Samples: Credit Agreement (Trex Co Inc), Credit Agreement (Trex Co Inc), Credit Agreement (Trex Co Inc)
Independence of Covenants. All covenants 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 covenantcovenants, the fact that it would be permitted by an exception to, or would otherwise be otherwise allowed bywithin the limitations of, another covenant shall not avoid the occurrence of a Potential Event of Default or an Event of Default if such action is taken or such condition exists.
Appears in 2 contracts
Samples: Loan Agreement (Mbia Inc), Security Agreement (Mbia Inc)
Independence of Covenants. All covenants Each covenant and agreement of each Borrower under this Agreement and the other each Loan Documents Document shall be given independent effect so that if a particular action or condition is not permitted prohibited or required by any such covenant, the fact that it would be permitted by an exception to, or would be otherwise allowed bywithin the limitations of, another covenant shall not avoid the occurrence of a Default or Event of Default if such action is taken or such condition exists.
Appears in 2 contracts
Samples: Credit Agreement (Lancer Corp /Tx/), Credit Agreement (Lancer Corp /Tx/)
Independence of Covenants. All covenants 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 such one covenant, the fact that it would be permitted by an exception toanother covenant, or would be otherwise allowed by, another covenant shall not avoid the occurrence of a an Event of Default or Unmatured Event of Default if such action is taken or such condition existsexists and otherwise constitutes or would constitute an Event of Default or Unmatured Event of Default under this Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Kayne DL 2021, Inc.), Credit Agreement (Kayne Anderson BDC, Inc.)
Independence of Covenants. All covenants 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 covenantcovenants, the fact that it would be permitted by an exception to, or would otherwise be otherwise allowed bywithin 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 2 contracts
Samples: Loan Arrangement and Reimbursement Agreement (Tesla Motors Inc), Pledge and Security Agreement (Tesla Motors Inc)
Independence of Covenants. All covenants under contained in this Agreement and the or any other Loan Documents 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 covenantcovenants, the fact that it would be permitted by an exception to, or would be otherwise allowed bywithin 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 2 contracts
Samples: Credit Agreement (Stillwater Mining Co /De/), Credit Agreement (Stillwater Mining Co /De/)
Independence of Covenants. All covenants under contained in this Agreement and the or any other Loan Documents 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 covenantcovenants, the fact that it would be permitted by an exception to, or would be otherwise allowed bywithin 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 2 contracts
Samples: Credit Agreement (Adt Limited), Credit Agreement (Adt Limited)
Independence of Covenants. All covenants and agreements hereunder and 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 covenantcovenants or agreements, the fact that it would be permitted by an exception to, or would otherwise be otherwise allowed bywithin 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 2 contracts
Samples: Credit Agreement (Sanders Morris Harris Group Inc), Credit Agreement (Sanders Morris Harris Group Inc)
Independence of Covenants. All covenants under 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 covenantcovenants, the fact that it would be permitted by an exception to, or would be otherwise allowed by, another covenant shall not avoid the occurrence of a Default if such action is taken or such condition exists.condition
Appears in 1 contract
Samples: Credit Agreement (Weatherford International Inc /New/)
Independence of Covenants. All covenants 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 covenantcovenants, the fact that it would be permitted by an exception to, or would be otherwise allowed bywithin the limitations CHAR1\1991350v2 of, another covenant shall not avoid the occurrence of a Default if such action is taken or such condition exists.
Appears in 1 contract
Independence of Covenants. All of the covenants under contained in this Agreement and the other Loan 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 covenantcovenants, the fact that it would be permitted by an exception to, or would otherwise be otherwise allowed byin compliance within the provisions of, another covenant shall not avoid the occurrence of a Default if such action is taken taken, such event occurs or such condition exists.
Appears in 1 contract
Samples: Loan Agreement (Torch Offshore Inc)
Independence of Covenants. All covenants under this Agreement contained in the Loan Documents and the other Revolving Loan Documents shall be given independent effect so that if a particular action or condition is not permitted by any of such covenantcovenants, the fact that it such action or condition would be permitted by an exception to, or would otherwise be otherwise allowed bywithin the limitations of, another covenant shall not avoid the occurrence of a Default or an Event of Default hereunder or a "Default" or an "Event of Default" under the Revolving Credit Agreement if such action is taken or such condition exists.
Appears in 1 contract
Independence of Covenants. All covenants under this Agreement and the other Loan Financing Documents shall be given independent effect so that if a particular action or condition is not permitted by any of such covenantcovenants, the fact that it would be permitted by an exception to, or would otherwise be otherwise allowed bywithin 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 1 contract
Independence of Covenants. All covenants under 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 covenantcovenants, the fact that it such action or condition would be permitted by an exception to, or would otherwise be otherwise allowed bywithin the limitations of, -114- 122 another covenant 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 1 contract
Samples: Credit Agreement (Evi Inc)
Independence of Covenants. All covenants under this Agreement and the other Loan Documents loan documents shall be given independent effect so that if a particular action or condition is not permitted by any of such covenantcovenants, the fact that it would be permitted by an exception to, or would be otherwise allowed bywithin the limitations of, another covenant shall not avoid the occurrence of a Default default if such action is taken or such condition exists.
Appears in 1 contract
Independence of Covenants. All covenants under this Agreement and the other Loan Financing Documents shall be given independent effect so that if a particular action or condition is not permitted by any of such covenantcovenants, the fact that it would be permitted by an exception to, or would otherwise be otherwise allowed bywithin 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 1 contract
Independence of Covenants. All covenants under this Agreement and the other Loan Documents shall each be given independent effect so that if a particular action or condition is not permitted by any such covenant, the fact that it would be permitted by another covenant, by an exception tothereto, or would be otherwise allowed bywithin the limitations thereof, another covenant shall not avoid the occurrence of a Default or an Event of Default if such action is taken or such condition exists.. Amended and Restated Revolving Loan Agreement
Appears in 1 contract
Samples: Revolving Loan Agreement (Burnham Pacific Properties Inc)
Independence of Covenants. All covenants under this Agreement Guarantee 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 covenantcovenants, the fact that it would be permitted by an exception to, or would otherwise be otherwise allowed bywithin 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 1 contract
Samples: Guarantee (Tesla Motors Inc)
Independence of Covenants. All of the covenants under contained in this Agreement and the other Loan 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 covenantcovenants, the fact that it would be permitted by an exception to, or would otherwise be otherwise allowed byin compliance within the provisions of, another covenant shall not avoid the occurrence of a an Event of Default if such action is taken taken, such event occurs or such condition exists.
Appears in 1 contract
Samples: Secured Senior Lending Agreement (Pioneer Financial Services Inc)
Independence of Covenants. All covenants 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 such covenant, the fact that it would be permitted by an exception to, or would be otherwise allowed by, another covenant shall not avoid the occurrence of a Default if such action is taken or such condition exists.. (Remainder of this page intentionally left blank)
Appears in 1 contract
Independence of Covenants. All covenants under contained in this -------------------------- Agreement and the or any other Loan Documents 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 covenantcovenants, the fact that it would be permitted by an exception to, or would be otherwise allowed bywithin 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 1 contract
Independence of Covenants. All covenants Each covenant and agreement of Borrower under this Agreement and the other each Loan Documents Paper shall be given independent effect so that that, if a particular action or condition is not permitted prohibited or required by any such covenant, the fact that it would be permitted by an exception to, or would be otherwise allowed bywithin the limitations of, another covenant shall not avoid the occurrence of a Default or Event of Default if such action is taken or such condition exists.
Appears in 1 contract
Samples: Credit Agreement (Packaged Ice Inc)
Independence of Covenants. All covenants under in this Agreement and the other Loan Documents shall are to be given independent effect so that if a particular action or condition is not permitted by any such a covenant, the fact that it would be permitted by an exception to, or would be otherwise allowed bywithin the limitations of, another covenant shall does not avoid the occurrence of a Default or an Event of Default if such action is taken or such condition exists.
Appears in 1 contract
Samples: Revolving Credit and Loan Agreement (Universal Standard Medical Laboratories Inc)
Independence of Covenants. All covenants under contained in this Agreement and the each other Loan Documents Credit 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 covenantcovenants, the fact that it would be permitted by an exception to, or would be otherwise allowed bywithin 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 1 contract
Independence of Covenants. All covenants 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 such covenant, the fact that it would be permitted by an exception to, or would be otherwise allowed by, another covenant shall not avoid the occurrence of a Default or Event of Default if such action is taken or such condition exists.
Appears in 1 contract
Independence of Covenants. All Except as expressly stated herein, all covenants hereunder and 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 covenantcovenants, the fact that it would be permitted by an exception to, or would otherwise be otherwise allowed bywithin 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 1 contract
Samples: Loan Arrangement and Reimbursement Agreement (Ford Motor Co)
Independence of Covenants. All covenants Each covenant and agreement of the Borrower under this Agreement and the other each Loan Documents Document shall be given independent effect so that that, if a particular action or condition is not permitted prohibited or required by any such covenant, the fact that it would be permitted by an exception to, or would be otherwise allowed bywithin the limitations of, another covenant shall not avoid the occurrence of a Default or Event of Default if such action is taken or such condition exists.
Appears in 1 contract
Independence of Covenants. All covenants hereunder and 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 covenantcovenants, the fact that it would be permitted by an exception to, or would otherwise be otherwise allowed bywithin 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 1 contract
Samples: Loan Arrangement and Reimbursement Agreement (Tesla Motors Inc)
Independence of Covenants. All covenants under this Agreement and the other Loan Documents shall be given independent effect so that that, if a particular action or condition is not permitted by any of such covenantcovenants, the fact that it would be permitted by an exception to, or would be otherwise allowed bywithin the permissions of, another covenant shall not avoid the occurrence of a Default if such action is taken or such condition exists.
Appears in 1 contract
Independence of Covenants. All covenants under this Agreement contained in the Loan Documents and the other Acquisition Loan Documents shall be given independent effect so that if a particular action or condition is not permitted by any of such covenantcovenants, the fact that it such action or condition would be permitted by an exception to, or would otherwise be otherwise allowed bywithin the limitations of, another covenant shall not avoid the occurrence of a Default hereunder of a "Default" or an "Event of Default" under the Acquisition Credit Agreement or an Event of Default if such action is taken or such condition exists.
Appears in 1 contract
Independence of Covenants. All covenants 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 covenantcovenants, the fact that it would be permitted by an exception to, or would be otherwise allowed bywithin the limitations of, another covenant shall not avoid the occurrence of a Default if such action is taken or such condition exists.. SECOND AMENDED AND RESTATED REVOLVING CREDIT FACILITY AGREEMENT, Page — 88
Appears in 1 contract
Samples: Revolving Credit Facility Agreement (Lennox International Inc)
Independence of Covenants. All covenants under contained in this Agreement and the Guarantee or any other Loan Documents Finance 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 covenantcovenants, the fact that it would be permitted by an exception to, or would be otherwise allowed bywithin the limitations of, another covenant shall not not, unless expressly so provided in such first covenant, avoid the occurrence of a an Event of Default if such action is taken or such condition exists.
Appears in 1 contract
Samples: Guarantee (Adt Limited)