Independence of Covenants. All covenants hereunder shall be given independent effect so that if a particular action or condition is prohibited by any one of such covenants, the fact that it would be permitted by an exception to, or otherwise be in compliance within the limitations of, another covenant shall not (i) avoid the occurrence of an Event of Default or Default if such action is taken or such condition exists or (ii) in any way prejudice an attempt by the holders to prohibit (through equitable action or otherwise) the taking of any action by the Company or a Subsidiary which would result in an Event of Default or Default.
Appears in 19 contracts
Samples: Note Purchase and Private Shelf Agreement (Tractor Supply Co /De/), Private Shelf Agreement (Saia Inc), Note Purchase and Private Shelf Agreement (Old Dominion Freight Line, Inc.)
Independence of Covenants. All covenants hereunder shall be given independent effect so that if a particular action or condition is prohibited by any one of such covenants, the fact that it would be permitted by an exception to, or otherwise be in compliance within the limitations of, another covenant shall not avoid (i) avoid the occurrence of an a Default or Event of Default or Default if such action is taken or such condition exists or (ii) in any way prejudice an attempt by the holders holder of any Note to prohibit (through equitable action or otherwise) otherwise the taking of any action by the Company or a any Subsidiary which would result in an a Default or Event of Default or Default.
Appears in 18 contracts
Samples: Exhibit Agreement (Applied Industrial Technologies Inc), Amendment to Agreement (Applied Industrial Technologies Inc), Agreement (Applied Industrial Technologies Inc)
Independence of Covenants. All covenants hereunder shall be given independent effect so that if a particular action or condition is prohibited by any one of such covenants, the fact that it would be permitted by an exception to, or otherwise be in compliance within the limitations of, another covenant shall not (i) avoid the occurrence of an a Default or Event of Default or Default if such action is taken or such condition exists or (ii) in any way prejudice an attempt by the holders holder of any Note to prohibit (through equitable action or otherwise) otherwise the taking of any action by the Company or a any Subsidiary which would result in an a Default or Event of Default or Default.
Appears in 11 contracts
Samples: Master Note Purchase Agreement (Nordson Corp), Master Note Purchase Agreement (Nordson Corp), Master Note Purchase Agreement (Nordson Corp)
Independence of Covenants. All covenants hereunder and in the other Transaction Documents shall be given independent effect so that if a particular action or condition is prohibited by any one of such covenants, the fact that it would be permitted by an exception to, or otherwise be in compliance within the limitations of, another covenant shall not (i) avoid the occurrence of an a Default or Event of Default or Default if such action is taken or such condition exists or (ii) in any way prejudice an attempt by the holders holder of any Note to prohibit (prohibit, through equitable action or otherwise) , the taking of any action by the Company or a any Subsidiary which would result in an a Default or Event of Default or Default.
Appears in 4 contracts
Samples: Note Purchase Agreement (Matson, Inc.), Third Amended and Restated Note Purchase and Private Shelf Agreement (Matson, Inc.), Note Agreement (Alexander & Baldwin Holdings, Inc.)
Independence of Covenants. All covenants hereunder shall be given independent effect so that if a particular action or condition is prohibited by any one of such covenants, the fact that it would be permitted by an exception to, or otherwise be in compliance within the limitations of, another covenant shall not (i) avoid the occurrence of an a Default or Event of Default or Default if such action is taken or such condition exists or (ii) in any way prejudice an attempt by the holders holder of any Note to prohibit (prohibit, through equitable action or otherwise) otherwise the taking of any action by the Company or a any Subsidiary which would result in an a Default or Event of Default or Default.
Appears in 3 contracts
Samples: Private Shelf Agreement (Alexander & Baldwin Inc), Senior Promissory Note Agreement (Alexander & Baldwin Inc), Private Shelf Agreement (Alexander & Baldwin Inc)
Independence of Covenants. All covenants hereunder shall be given independent effect so that if a particular action or condition is prohibited by any one of such covenants, the fact that it would be permitted by an exception to, or otherwise be in compliance within the limitations of, another covenant shall not (i) avoid the occurrence of an a Default or Event of Default or Default if such action is taken or such condition exists or (ii) in any way prejudice an attempt by the holders any Holder to prohibit (through equitable action or otherwise) otherwise the taking of any action by the Company or a any Subsidiary which would result in an a Default or Event of Default or Default.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Language Line Services Holdings, Inc.), Securities Purchase Agreement (LL Services Inc.), Securities Purchase Agreement (Language Line Holdings, Inc.)
Independence of Covenants. All covenants hereunder shall be given independent effect so that if a particular action or condition is prohibited by any one of such covenants, the fact that it would be permitted by an exception to, or otherwise be in compliance within the limitations of, another covenant shall not (i) avoid the occurrence of an a Default or Event of Default or Default if such action is taken or such condition exists or (ii) in any way prejudice an attempt by the holders holder of any Note to prohibit (through equitable action or otherwise) the taking of any action by the Company or a Subsidiary which would result in an Event of Default or Default.
Appears in 2 contracts
Samples: Note Purchase Agreement (Franklin Electric Co Inc), Note Purchase Agreement (Franklin Electric Co Inc)
Independence of Covenants. All covenants hereunder and in the other Transaction Documents shall be given independent effect so that if a particular action or condition is prohibited by any one of such covenants, the fact that it would be permitted by an exception to, or otherwise be in compliance within the limitations of, another covenant shall not not
(i) avoid the occurrence of an a Default or Event of Default or Default if such action is taken or such condition exists or (ii) in any way prejudice an attempt by the holders holder of any Note to prohibit (prohibit, through equitable action or otherwise) , the taking of any action by the Company or a any Subsidiary which would result in an a Default or Event of Default or Default.
Appears in 1 contract
Independence of Covenants. All covenants hereunder shall be given independent effect so that if a particular action or condition is prohibited by any one of such covenants, the fact that it would be permitted by an exception to, or otherwise be in compliance within the limitations of, another covenant shall not avoid (i) avoid the occurrence of an a Default or Event of Default or Default if such action is taken or such condition exists or (ii) in any way prejudice an attempt by the holders Holder of any Project Bond to prohibit (through equitable action or otherwise) otherwise the taking of any action by the Company Holdings or a any Subsidiary which would result in an a Default or Event of Default or Default.
Appears in 1 contract
Samples: Inducement Agreement (Brush Engineered Materials Inc)
Independence of Covenants. All covenants hereunder shall be given independent effect so that if a particular action or condition is prohibited by any one of such covenants, the fact that it would be permitted by an exception to, or otherwise be in compliance within the limitations of, another covenant shall not (i) avoid the occurrence of an Event of Default or Default if such action is taken or such condition exists or (ii) in any way prejudice an attempt by a holder or the holders of the Notes to prohibit (through equitable action or otherwise) the taking of any action by the Company or a Subsidiary which would result in an Event of Default or Default.
Appears in 1 contract
Samples: Note Purchase and Revolving Credit Agreement (Corinthian Colleges Inc)
Independence of Covenants. All covenants hereunder shall be given independent effect so that if a particular action or condition is prohibited by any one of such covenants, the fact that it would be permitted by an exception to, or otherwise be in compliance within the limitations of, another covenant shall not (i) avoid the occurrence of an a Default or Event of Default or Default if such action is taken or such condition exists or (ii) in any way prejudice an attempt by the holders holder of any Subordinated Note to prohibit (through equitable action or otherwise) otherwise the taking of any action by the Company or a any Subsidiary which would result in an a Default or Event of Default or Default.
Appears in 1 contract
Independence of Covenants. All covenants hereunder shall be given independent effect so that if a particular action or condition is prohibited by any one of such covenants, the fact that it would be permitted by an exception to, or otherwise be in compliance within the limitations of, another covenant shall not (i) avoid the occurrence of an Event of Default or Default if such action is taken or such condition exists or (ii) in any way prejudice an attempt by the holders to prohibit (through equitable action or otherwise) the taking of any action by the Company or a Subsidiary any Subsidiaries which would result in an Event of Default or Default.. 50
Appears in 1 contract
Samples: Note Agreement and Guaranty (Albany International Corp /De/)
Independence of Covenants. All covenants hereunder and in the other Transaction Documents shall be given independent effect so that if a particular action or condition is prohibited by any one of such covenants, the fact that it would be permitted by an exception to, or otherwise be in compliance within the limitations of, another covenant shall not (i) avoid the occurrence of an a Default or Event of Default or Default if such action is taken or such condition exists or (ii) in any way prejudice an attempt by the holders holder of any Shelf Note to prohibit (through equitable action or otherwise) otherwise the taking of any action by the Company or a any Subsidiary which would result in an a Default or Event of Default or Default.
Appears in 1 contract
Samples: Private Shelf Agreement (Tennant Co)
Independence of Covenants. All covenants hereunder shall be given independent effect so that if a particular action or condition is prohibited by any one of such covenants, the fact that it would be permitted by an exception to, or otherwise be in compliance within the limitations of, another covenant shall not (i) avoid the occurrence of an Event of Table of Contents Default or Default if such action is taken or such condition exists or (ii) in any way prejudice an attempt by the holders of Notes to prohibit (through equitable action or otherwise) the taking of any action by the Company Guarantor or a Subsidiary which would result in an Event of Default or Default.
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Independence of Covenants. All covenants hereunder shall be given independent effect so that if a particular action or condition is prohibited by any one anyone of such covenants, the fact that it would be permitted by an exception to, or otherwise be in compliance within the limitations of, another covenant shall not avoid (i) avoid the occurrence of an a Default or Event of Default or Default if such action is taken or such condition exists or (ii) in any way prejudice an attempt by the holders holder of any Note to prohibit (through equitable action or otherwise) otherwise the taking of any action by the Company or a any Subsidiary which would result in an a Default or Event of Default or Default.
Appears in 1 contract
Samples: Note Purchase and Private Shelf Agreement (Applied Industrial Technologies Inc)
Independence of Covenants. All Except to the extent the context specifically requires otherwise, all covenants hereunder shall be given independent effect so that if a particular action or condition is prohibited by any one of such covenants, the fact that it would be permitted by an exception to, or otherwise be in compliance within the limitations of, ' another covenant shall not (i) avoid the occurrence of an a Default or Event of Default or Default if such action is taken or such condition exists or (ii) in any way prejudice an attempt by the holders holder of any Note to prohibit (prohibit, through equitable action or otherwise) , the taking of any action by the Company or a any Subsidiary which would result in an a Default or Event of Default or Default.
Appears in 1 contract
Samples: Note Purchase and Private Shelf Agreement (Varian Medical Systems Inc)
Independence of Covenants. All covenants hereunder shall be given independent effect so that if a particular action or condition is prohibited by any one of such covenants, the fact that it would be permitted by an exception to, or otherwise be in compliance within the limitations of, another covenant shall not (i) avoid the occurrence of an Event of Default or Default if such action is taken or such condition exists or (ii) in any way prejudice an attempt by the holders to prohibit (through equitable action or otherwise) the taking of any action by the Company an Obligor or a Subsidiary which would result in an Event of Default or Default.
Appears in 1 contract
Independence of Covenants. All covenants hereunder shall be given independent effect so that if a particular action or condition is prohibited by any one of such covenants, the fact that it would be permitted by an exception to, or otherwise be in compliance within the limitations of, another covenant shall not (i) avoid the occurrence of an a Default or Event of Default or Default if such action is taken or such condition exists or (ii) in any way prejudice an attempt by the holders holder of any Note to prohibit (through equitable action or otherwise) otherwise the taking of any action by the Company Issuers or a any Subsidiary which would result in an a Default or Event of Default or Default.
Appears in 1 contract
Samples: Note Purchase and Private Shelf Agreement (Nordson Corp)
Independence of Covenants. All covenants hereunder shall be given independent effect so that if a particular action or condition is prohibited by any one of such covenants, the fact that it would be permitted by an exception to, or otherwise be in compliance within the limitations of, another covenant shall not (i) avoid the occurrence of an a Default or Event of Default or Default if such action is taken or such condition exists or (ii) in any way prejudice an attempt by the holders to prohibit (through equitable action or otherwise) the taking of any action by the Company Partnership, the REIT or a an Subsidiary of either which would result in an a Default or Event of Default or Default.
Appears in 1 contract
Samples: Note Purchase Agreement (Mid America Apartment Communities Inc)
Independence of Covenants. All Except to the extent the context specifically requires otherwise, all covenants hereunder shall be given independent effect so that if a particular action or condition is prohibited by any one of such covenants, the fact that it would be permitted by an exception to, or otherwise be in compliance within the limitations of, ' another covenant shall not (i) avoid the occurrence of an a Default or Event of Default or Default if such action is taken or such condition exists or (ii) in any way prejudice an attempt by the holders holder of any Note to prohibit (prohibit, through equitable action or otherwise) , the taking of any action by the Company or a any Subsidiary which would result in an a Default or Event of Default or Default.
Appears in 1 contract
Samples: Note Purchase and Private Shelf Agreement (Varian Inc)
Independence of Covenants. All covenants hereunder shall be given independent effect so that if a particular action or condition is prohibited by any one of such covenants, the fact that it would be permitted by an exception to, or otherwise be in compliance within the limitations of, another covenant shall not (i) avoid the occurrence of an a Default or Event of Default or Default if such action is taken or such condition exists or (ii) in any way prejudice an attempt by the holders holder of any Note to prohibit (prohibit, through equitable action or otherwise) , the taking of any action by the Company or a any Subsidiary which would result in an a Default or Event of Default or Default.
Appears in 1 contract
Samples: Note Purchase and Private Shelf Agreement (Wyle Electronics)
Independence of Covenants. All covenants hereunder shall be given independent effect so that if a particular action or condition is prohibited by any one of such covenants, the fact that it would be permitted by an exception to, or otherwise be in compliance within the limitations of, another covenant shall not (i) avoid the occurrence of an Event of Default or Default if such action is taken or such condition exists or (ii) in any way prejudice an attempt by the holders to prohibit (through equitable action or otherwise) the taking of any action by the Company or a Subsidiary any Subsidiaries which would result in an Event of Default or Default.
Appears in 1 contract