Independent Effect of Covenants. The Borrower expressly acknowledges and agrees that each covenant contained in Articles VIII or IX hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII or IX, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII or IX.
Appears in 43 contracts
Samples: Credit Agreement (Chuy's Holdings, Inc.), Credit Agreement (SYNAPTICS Inc), Credit Agreement (SYNAPTICS Inc)
Independent Effect of Covenants. The Borrower expressly acknowledges and agrees that each covenant contained in Articles VII, VIII or IX hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VII, VIII or IXIX if, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VII, VIII or IX.
Appears in 19 contracts
Samples: Credit Agreement (Cooper River Properties LLC), Credit Agreement (Broad River Properties L L C), Credit Agreement (Cooper River Properties LLC)
Independent Effect of Covenants. The Borrower expressly acknowledges and agrees that each covenant contained in Articles VIII VI or IX VII hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII VI or IXVII, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII VI or IXVII.
Appears in 8 contracts
Samples: Credit Agreement (Macquarie Infrastructure Corp), Credit Agreement (National Health Investors Inc), Term Loan Credit Agreement (Belden Inc.)
Independent Effect of Covenants. The Borrower Borrowers expressly acknowledges acknowledge and agrees agree that each covenant contained in Articles VIII or IX hereof shall be given independent effect. Accordingly, the Borrower Borrowers shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII or IX, before or after giving effect to such transaction or act, the Borrower Borrowers shall or would be in breach of any other covenant contained in Articles VIII or IX.
Appears in 6 contracts
Samples: Credit Agreement (Centuri Holdings, Inc.), Credit Agreement (Southwest Gas Corp), Credit Agreement (Southwest Gas Corp)
Independent Effect of Covenants. The Borrower expressly acknowledges and agrees that each covenant contained in Articles VIII or IX Article V hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII or IXArticle V, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII or IX.Article V.
Appears in 6 contracts
Samples: Credit Agreement (Cracker Barrel Old Country Store, Inc), Credit Agreement (Cracker Barrel Old Country Store, Inc), Credit Agreement (Cracker Barrel Old Country Store, Inc)
Independent Effect of Covenants. The Borrower Borrowers expressly acknowledges and agrees that each covenant contained in Articles VIII IX, or IX X hereof shall be given independent effect. Accordingly, the Borrower Borrowers shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII IX, or IXX if, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII IX, or IX.X.
Appears in 5 contracts
Samples: 364 Day Credit Agreement (Family Dollar Stores Inc), 364 Day Credit Agreement (Family Dollar Stores Inc), 364 Day Credit Agreement (Family Dollar Stores Inc)
Independent Effect of Covenants. The Borrower expressly acknowledges and agrees that each covenant contained in Articles VII or VIII or IX hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII VII or IXVIII, before or if after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII VII or IXVIII.
Appears in 5 contracts
Samples: Term Loan Agreement (DCP Midstream Partners, LP), Term Loan Agreement (DCP Midstream Partners, LP), Credit Agreement (DCP Midstream Partners, LP)
Independent Effect of Covenants. The Each of the Borrower and the other Credit Parties expressly acknowledges and agrees that each covenant contained in Articles VIII Article VIII, IX, X or IX XI hereof shall be given independent effect. Accordingly, each of the Borrower and the other Credit Parties shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII Article VIII, IX, X or IXXI if, before or after giving effect to such transaction or act, the Borrower or such other Credit Party shall or would be in breach of any other covenant contained in Articles VIII Article VIII, IX, X or IXXI.
Appears in 5 contracts
Samples: Credit Agreement (Fossil Group, Inc.), Credit Agreement (Fossil Group, Inc.), Credit Agreement (Fossil Group, Inc.)
Independent Effect of Covenants. The Borrower expressly acknowledges and agrees that each covenant contained in Articles VII or VIII or IX hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII VII or IXVIII, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII VII or IXVIII.
Appears in 5 contracts
Samples: Credit Agreement (Macquarie Infrastructure Corp), Credit Agreement (Buffalo Wild Wings Inc), Credit Agreement (Fastenal Co)
Independent Effect of Covenants. The Borrower expressly acknowledges and agrees that each covenant contained in Articles VIII IX, X, or IX XI hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII IX, X, or IXXI if, before or after giving effect to such transaction or act, if as a result of such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII IX, X, or IXXI.
Appears in 4 contracts
Samples: Credit Agreement (Jack in the Box Inc /New/), Credit Agreement (Jack in the Box Inc /New/), Credit Agreement (Jack in the Box Inc /New/)
Independent Effect of Covenants. The Borrower expressly acknowledges and agrees that each covenant contained in Articles VII or VIII or IX hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII VII or IXVIII, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII VII or IXVIII.
Appears in 4 contracts
Samples: Credit Agreement (MGP Ingredients Inc), Credit Agreement (MGP Ingredients Inc), Credit Agreement (MGP Ingredients Inc)
Independent Effect of Covenants. The Borrower expressly acknowledges and agrees that each covenant contained in Articles VI, VII, VIII or IX hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VI, VII, VIII or IX, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VI, VII, VIII or IX.
Appears in 4 contracts
Samples: Credit Agreement (Allegiance Bancshares, Inc.), Credit Agreement (Allegiance Bancshares, Inc.), Credit Agreement (Bok Financial Corp Et Al)
Independent Effect of Covenants. The Borrower Borrowers expressly acknowledges acknowledge and agrees agree that each covenant contained in Articles VIII or Article IX hereof shall be given independent effect. Accordingly, the Borrower Borrowers shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII or Article IX, before or after giving effect to such transaction or act, the Borrower Borrowers shall or would be in breach of any other covenant contained in Articles VIII or Article IX.
Appears in 3 contracts
Samples: Credit Agreement (DXP Enterprises Inc), Credit Agreement (DXP Enterprises Inc), Credit Agreement (DXP Enterprises Inc)
Independent Effect of Covenants. The Borrower expressly acknowledges and agrees that each covenant contained in Articles VIII or IX IX, X and XI hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII or IX, X and XI, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII or IX, X and XI.
Appears in 3 contracts
Samples: Credit Agreement (Aci Worldwide, Inc.), Credit Agreement (Aci Worldwide, Inc.), Credit Agreement (Aci Worldwide, Inc.)
Independent Effect of Covenants. The Borrower expressly acknowledges and agrees that each covenant contained in Articles VIII VI or IX VII hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII VI or IXVII if, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII VI or IXVII.
Appears in 3 contracts
Samples: First Lien Term Loan Credit Agreement (Turning Point Brands, Inc.), Second Lien Term Loan Credit Agreement (Turning Point Brands, Inc.), Revolving Credit Agreement (Turning Point Brands, Inc.)
Independent Effect of Covenants. The Borrower expressly acknowledges and agrees that each covenant contained in Articles VIII VI or IX hereof VII shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII VI or IXVII, if before or after giving effect to such transaction or act, act the Borrower shall or would be in breach of any other covenant contained in Articles VIII VI or IXVII.
Appears in 3 contracts
Samples: Credit Agreement (Nobilis Health Corp.), Credit Agreement (Nobilis Health Corp.), Credit Agreement (Nobilis Health Corp.)
Independent Effect of Covenants. The Borrower Borrowers expressly acknowledges acknowledge and agrees agree that each covenant contained in Articles VII or VIII or IX hereof shall be given independent effect. Accordingly, the Borrower Borrowers shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII VII or IXVIII, if before or after giving effect to such transaction or act, the Borrower Borrowers shall or would be in breach of any other covenant contained in Articles VIII VII or IXVIII.
Appears in 3 contracts
Samples: Credit Agreement (Ubiquiti Networks, Inc.), Credit Agreement (Ubiquiti Networks, Inc.), Credit Agreement (Ubiquiti Networks, Inc.)
Independent Effect of Covenants. The Borrower expressly acknowledges and agrees that each covenant contained in Articles VIII IX or IX X hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII IX or IXX, if before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII IX or IX.X.
Appears in 3 contracts
Samples: Term Loan Credit Agreement (Beacon Roofing Supply Inc), Term Loan Credit Agreement (Beacon Roofing Supply Inc), Term Loan Credit Agreement (Beacon Roofing Supply Inc)
Independent Effect of Covenants. The Borrower expressly acknowledges and agrees that each covenant contained in Articles VIII VIII, IX or IX X hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII VIII, IX or IXX if, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII VIII, IX or IX.X.
Appears in 3 contracts
Samples: Credit Agreement (Insignia Esg Holdings Inc), Credit Agreement (Insignia Financial Group Inc /De/), Credit Agreement (Northland Cable Properties Six LTD Partnership)
Independent Effect of Covenants. The Borrower Borrowers expressly acknowledges acknowledge and agrees that each covenant contained in Articles VIII or IX IX, X and XI hereof shall be given independent effect. Accordingly, the Borrower Borrowers shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII or IX, X and XI, before or after giving effect to such transaction or act, the Borrower Borrowers shall or would be in breach of any other covenant contained in Articles VIII or IX, X and XI.
Appears in 3 contracts
Samples: Credit Agreement (Aci Worldwide, Inc.), Amendment Agreement (Aci Worldwide, Inc.), Credit Agreement (Aci Worldwide, Inc.)
Independent Effect of Covenants. The Borrower expressly acknowledges and agrees that each covenant contained in Articles VIII IX, or IX X hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII IX, or IXX if, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII IX, or IX.X.
Appears in 3 contracts
Samples: Credit Agreement (Family Dollar Stores Inc), Credit Agreement (Family Dollar Stores Inc), Credit Agreement (Family Dollar Stores Inc)
Independent Effect of Covenants. The Borrower expressly acknowledges and agrees that each covenant contained in Articles VIII or IX hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII or IX, if before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII or IX.
Appears in 3 contracts
Samples: Credit Agreement (Patrick Industries Inc), Credit Agreement (Patrick Industries Inc), Credit Agreement (Patrick Industries Inc)
Independent Effect of Covenants. The Borrower expressly acknowledges and agrees that each covenant contained in Articles VII or VIII or IX hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII VII or IXVIII, if before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII VII or IXVIII.
Appears in 3 contracts
Samples: Credit Agreement (Ubiquiti Inc.), Credit Agreement (Ubiquiti Inc.), Credit Agreement (Zoe's Kitchen, Inc.)
Independent Effect of Covenants. The Borrower expressly acknowledges and agrees that each covenant contained in Articles VIII or IX hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII or IX, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII or IX.
Appears in 3 contracts
Samples: Credit Agreement (Kforce Inc), Credit Agreement (Kforce Inc), Credit Agreement (Kforce Inc)
Independent Effect of Covenants. The Borrower expressly acknowledges and agrees that each covenant contained in Articles VIII VI or IX VII hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII VI or IXVII, if, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII VI or IXVII.
Appears in 2 contracts
Samples: Loan and Security Agreement (RumbleOn, Inc.), Loan and Security Agreement (Enova International, Inc.)
Independent Effect of Covenants. The Borrower Borrowers expressly acknowledges acknowledge and agrees agree that each covenant contained in Articles VIII Sections 6 or IX 7 hereof shall be given independent effect. Accordingly, the Borrower Borrowers shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII Sections 6 or IX7 if, before or after giving effect to such transaction or act, the Borrower Borrowers shall or would be in breach of any other covenant contained in Articles VIII Sections 6 or IX7.
Appears in 2 contracts
Samples: First Lien Credit Agreement (Turning Point Brands, Inc.), Second Lien Credit Agreement (Turning Point Brands, Inc.)
Independent Effect of Covenants. The Borrower expressly acknowledges and agrees that each covenant contained in Articles VIII Section 5 or IX 6 hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII Section 5 or IX6, if before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII Section 5 or IX6.
Appears in 2 contracts
Samples: Credit Agreement (Jones Financial Companies LLLP), Credit Agreement (Jones Financial Companies LLLP)
Independent Effect of Covenants. The Borrower expressly acknowledges and agrees that each covenant contained in Articles Article VII or VIII or IX hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII Article VII or IXVIII, before or if after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII Article VII or IXVIII.
Appears in 2 contracts
Samples: Credit Agreement (DCP Midstream, LP), Credit Agreement (DCP Midstream, LP)
Independent Effect of Covenants. The Borrower expressly acknowledges and agrees that each covenant contained in Articles VIII IX or IX X hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII IX or IXX, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII IX or IX.X.
Appears in 2 contracts
Samples: Term Loan Credit Agreement (Beacon Roofing Supply Inc), Term Loan Credit Agreement (Beacon Roofing Supply Inc)
Independent Effect of Covenants. The Borrower Borrowers and the other Loan Parties expressly acknowledges acknowledge and agrees agree that each covenant contained in Articles VII or VIII or IX hereof shall be given independent effect. Accordingly, the Borrower Borrowers and the other Loan Parties shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII VII or IXVIII, if before or after giving effect to such transaction or act, the any Borrower or any other Loan Party shall or would be in breach of any other covenant contained in Articles VIII VII or IXVIII.
Appears in 2 contracts
Samples: Loan Agreement (Omega Protein Corp), Loan Agreement (Omega Protein Corp)
Independent Effect of Covenants. The Each Borrower expressly acknowledges and agrees that each covenant contained in Articles VIII Article V or IX hereof Article VI shall be given independent effect. Accordingly, the Borrower Borrowers shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII Article V or IXArticle VI, before or after giving effect to such transaction or act, the Borrower Borrowers shall or would be in breach of any other covenant contained in Articles VIII Article V or IXArticle VI.
Appears in 2 contracts
Samples: Credit Agreement (Stonemor Partners Lp), Credit Agreement (Stonemor Partners Lp)
Independent Effect of Covenants. The Borrower expressly acknowledges and agrees that each covenant contained in Articles Article VII or Article VIII or IX hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII Article VII or IXArticle VIII, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII Article VII or IXArticle VIII.
Appears in 2 contracts
Samples: Credit Agreement (Fastenal Co), Credit Agreement (OMNICELL, Inc)
Independent Effect of Covenants. The Borrower Each of the Borrowers and the other Credit Parties expressly acknowledges and agrees that each covenant contained in Articles VIII Article VIII, IX, X or IX XI hereof shall be given independent effect. Accordingly, each of the Borrower Borrowers and the other Credit Parties shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII Article VIII, IX, X or IXXI if, before or after giving effect to such transaction or act, the any Borrower or such other Credit Party shall or would be in breach of any other covenant contained in Articles VIII Article VIII, IX, X or IXXI.
Appears in 2 contracts
Samples: Credit Agreement (Alon Brands, Inc.), Credit Agreement (Alon USA Energy, Inc.)
Independent Effect of Covenants. The Borrower expressly acknowledges and agrees that each covenant contained in Articles VIII Sections 6 or IX 7 hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII Sections 6 or IX7 if, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII Sections 6 or IX7.
Appears in 2 contracts
Samples: Second Lien Credit Agreement (Turning Point Brands, Inc.), First Lien Credit Agreement (Turning Point Brands, Inc.)
Independent Effect of Covenants. The Borrower expressly acknowledges and agrees that each covenant contained in Articles Article VIII or IX hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII Article VI or IXVII, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII Article VI or IXVII.
Appears in 2 contracts
Samples: Credit Agreement (Kronos Worldwide Inc), Credit Agreement (Kronos Worldwide Inc)
Independent Effect of Covenants. The Borrower expressly acknowledges and agrees that each covenant contained in Articles Article VII or VIII or IX hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII Article VII or IXVIII, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII Article VII or IXVIII.
Appears in 1 contract
Samples: Credit Agreement (Global Power Equipment Group Inc.)
Independent Effect of Covenants. The Borrower Borrowers expressly acknowledges acknowledge and agrees agree that each covenant contained in Articles VIII VI or IX VII hereof shall be given independent effect. Accordingly, the Borrower Borrowers shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII VI or IXVII, before or after giving effect to such transaction or act, the if as a result such Borrower shall or would be in breach of any other covenant contained in Articles VIII VI or IXVII.
Appears in 1 contract
Independent Effect of Covenants. The Borrower expressly acknowledges and agrees that each covenant contained in Articles Article VII or VIII or IX hereof shall will be given independent effect. Accordingly, the Borrower shall will not engage in any transaction or other act otherwise permitted under pursuant to any covenant contained in Articles Article VII or VIII or IXif, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII Article VII or IXVIII.
Appears in 1 contract
Samples: Credit Agreement (Opentable Inc)
Independent Effect of Covenants. The Borrower expressly acknowledges and agrees that each covenant contained in Articles VIII V or IX VI hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII V or IXVI, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII V or IXVI.
Appears in 1 contract
Samples: Credit Agreement (LHC Group, Inc)
Independent Effect of Covenants. The Borrower Borrowers expressly acknowledges acknowledge and agrees that each covenant contained in Articles VIII or IX hereof shall be given independent effect. Accordingly, the Borrower Borrowers shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII or IX, before or after giving effect to such transaction or act, the Borrower Borrowers shall or would be in breach of any other covenant contained in Articles VIII or IX.
Appears in 1 contract
Independent Effect of Covenants. The Borrower expressly acknowledges and agrees that each covenant contained in Articles VIII IX, or IX X hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII IX, or IXX if, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII IX, or IX.X. CHL:40759.7
Appears in 1 contract
Independent Effect of Covenants. The Borrower Borrowers expressly acknowledges acknowledge and agrees agree that each covenant contained in Articles VIII IX or IX X hereof shall be given independent effect. Accordingly, the Borrower Borrowers shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII IX or IXX, before or after giving effect to such transaction or act, the Borrower Borrowers shall or would be in breach of any other covenant contained in Articles VIII IX or IX.X.
Appears in 1 contract
Independent Effect of Covenants. The Each Borrower expressly acknowledges and agrees that each covenant contained in Articles VIII VI or IX VII hereof shall be given independent effect. Accordingly, the no Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII VI or IXVII, before or after giving effect to such transaction or act, the Borrower Borrowers shall or would be in breach of any other covenant contained in Articles VIII VI or IXVII.
Appears in 1 contract
Samples: Credit Agreement (Copart Inc)
Independent Effect of Covenants. The Borrower expressly acknowledges and agrees that each covenant contained in Articles VIII or IX hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII or IXIX if, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII or IX.
Appears in 1 contract
Samples: Credit Agreement (Wingstop Inc.)
Independent Effect of Covenants. The Borrower expressly acknowledges and agrees that each covenant contained in Articles VIII or VIII, IX and X hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII or IXVIII, IX and X if, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII VIII, IX or IX.X.
Appears in 1 contract
Independent Effect of Covenants. The Borrower expressly acknowledges and agrees that each covenant contained in Articles VIII or VIII, IX and X hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII or IXVIII, IX and X, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII or IX.VIII, IX and X.
Appears in 1 contract
Independent Effect of Covenants. The Borrower expressly acknowledges and agrees that each covenant contained in Articles VIII VIII, IX, or IX hereof X shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII VIII, IX, or IXX if, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII VIII, IX, or IX.X.
Appears in 1 contract
Independent Effect of Covenants. The Each Borrower expressly acknowledges and agrees that each covenant contained in Articles VIII or IX hereof shall be given independent effect. Accordingly, the Borrower Borrowers shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII or IX, before or after giving effect to Article IX if such transaction or act, the Borrower shall or other act would be result in breach of any other covenant contained in Articles VIII or IX.
Appears in 1 contract
Independent Effect of Covenants. The Borrower Borrowers expressly acknowledges acknowledge and agrees agree that each covenant contained in Articles Article VIII or Article IX hereof shall be given independent effect. Accordingly, the Borrower Borrowers shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles Article VIII or Article IX, before or after giving effect to such transaction or act, the Borrower Borrowers shall or would be in breach of any other covenant contained in Articles Article VIII or Article IX.
Appears in 1 contract
Samples: Credit Agreement (KMG Chemicals Inc)
Independent Effect of Covenants. The Borrower expressly acknowledges and agrees that each covenant contained in Articles VII, VIII or IX hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VII, VIII or IX, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VII, VIII or IX.. [Signature pages to follow]
Appears in 1 contract
Independent Effect of Covenants. The Borrower Borrowers expressly acknowledges acknowledge and agrees agree that each covenant contained in Articles VIII or IX hereof shall be given independent effect. Accordingly, the Borrower Borrowers shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII ArticlesVIII or IX, before or after giving effect to such transaction or act, the Borrower Borrowers shall or would be in breach of any other covenant contained in Articles VIII or IX.
Appears in 1 contract
Independent Effect of Covenants. The Borrower expressly acknowledges and agrees that each covenant contained in Articles VI, VII or VIII or IX hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII VI, VII or IXVIII, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII VI, VII or IXVIII.
Appears in 1 contract
Independent Effect of Covenants. The Borrower expressly acknowledges and agrees that each covenant contained in Articles VIII Article 5 or IX Article 6 hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII Article 5 or IXArticle 6, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII Article 5 or IXArticle 6.
Appears in 1 contract
Independent Effect of Covenants. The Borrower expressly acknowledges and agrees that each covenant contained in Articles Article VIII or Article IX hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles Article VIII or Article IX, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles Article VIII or Article IX.
Appears in 1 contract
Samples: Credit Agreement (KMG Chemicals Inc)
Independent Effect of Covenants. The Borrower expressly acknowledges and agrees that each covenant contained in Articles VIII Sections 6 or IX 7 hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII Sections 6 or IX7 if, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII Sections 6 or IX7. Section 11.23.
Appears in 1 contract
Samples: Second Lien Credit Agreement
Independent Effect of Covenants. The Borrower expressly acknowledges and agrees that each covenant contained in Articles Article VIII or IX hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles Article VIII or IXIX if, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles Article VIII or IX.
Appears in 1 contract
Samples: Credit Agreement (Orbital Atk, Inc.)
Independent Effect of Covenants. The Borrower BorrowersBorrower expressly acknowledges acknowledgeacknowledges and agrees agreeagrees that each covenant contained in Articles VII or VIII or IX hereof shall be given independent effect. Accordingly, the Borrower BorrowersBorrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII VII or IXVIII, if before or after giving effect to such transaction or act, the Borrower BorrowersBorrower shall or would be in breach of any other covenant contained in Articles VIII VII or IXVIII.
Appears in 1 contract
Samples: Credit Agreement (Ubiquiti Inc.)
Independent Effect of Covenants. The Borrower expressly acknowledges and agrees that each covenant contained in Articles VIII or VIII, IX and X hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII VIII, IX or IXX if, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII VIII, IX or IX.X. [SIGNATURE PAGES TO FOLLOW]
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Independent Effect of Covenants. The Borrower expressly acknowledges and agrees that each covenant contained in Articles Article VII or VIII or IX hereof shall be given independent effect. Accordingly, the Borrower shall not engage in any transaction or other act otherwise permitted under any covenant contained in Articles VIII Article VII or IXVIII, before or after giving effect to such transaction or act, the Borrower shall or would be in breach of any other covenant contained in Articles VIII Article VII or IXVIII.
Appears in 1 contract
Samples: Credit Agreement (SolarWinds, Inc.)
