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.
Independence of Covenants. All covenants contained in this Agreement and each other Loan Document shall be given independent effect such that, in the event a particular action or condition is not permitted by any of such covenants, the fact that it would be permitted by an exception to, or be otherwise within the limitations of, another covenant shall 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.
Independence of Covenants. 103 10.8. Survival of Representations, Warranties and Agreements.................................103 10.9. No Waiver; Remedies Cumulative.........................................................103 10.10. Marshalling; Payments Set Aide........................................................103 10.11. Severability..........................................................................103 10.12. Obligations Several; Independent Nature of Lenders' Rights............................104 (iv)
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.
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 be otherwise within the limitations of, another covenant shall not avoid the occurrence of an Event of Default or Unmatured Event of Default if such action is taken or condition exists, and if a particular action or condition is expressly permitted under any covenant, unless expressly limited to such covenant, the fact that it would not be permitted under the general provisions of another covenant shall not constitute an Event of Default or Unmatured Event of Default if such action is taken or condition exists.
Independence of Covenants. 67 Section 13.21
Independence of Covenants. 63 Section 10.13. Change in Accounting Principles, Fiscal Year or Tax Laws.........63 Section 10.14. Headings Descriptive; Entire Agreement...........................63 SCHEDULES --------- SCHEDULE 5.01(a) Lack of Qualification SCHEDULE 5.01(b) Organization and Ownership of Subsidiaries SCHEDULE 5.05 Certain Pending and Threatened Litigation SCHEDULE 5.08 Environmental Matters SCHEDULE 5.11 Tax Filings and Payments SCHEDULE 5.14 Employee Benefit Matters SCHEDULE 5.15 Patent, Trademark, License, and Other Intellectual Property Matters SCHEDULE 5.16 Ownership of Properties SCHEDULE 5.19 Dividend Restrictions EXHIBITS -------- EXHIBIT A - Form of Revolving Note EXHIBIT B - Form of Bid Facility Note EXHIBIT C - Form of Swing Line Note EXHIBIT D - Bid Request EXHIBIT E - Bid Request Invite EXHIBIT F - Bid Rate Bid iv 161 EXHIBIT G - Bid Rate Acceptance/Rejection EXHIBIT H - Form of Guaranty Agreement EXHIBIT I - Form of Closing Certificate EXHIBIT J - Form of Opinion of Smitx, Xxmbxxxx & Xussxxx, XXP EXHIBIT K - Form of Assignment and Acceptance Agreement THIS CREDIT AGREEMENT made and entered into as of March 31, 1998, by and among HAVERTYS CREDIT SERVICES, INC., a corporation organized and existing under the laws of the State of Tennessee (the "Borrower"), SUNTRUST BANK, ATLANTA, a banking corporation organized under the laws of the State of Georgia ("SunTrust"), the other banks and lending institutions listed on the signature pages hereof, and any assignees of SunTrust, or such other banks and lending institutions which become "Lenders" as provided herein (SunTrust, and such other banks, lending institutions, and assignees referred to collectively herein as the "Lenders"), SUNTRUST BANK, ATLANTA, in its capacity as agent for the Lenders and each successor agent for such Lenders as may be appointed from time to time pursuant to Article IX hereof (the "Agent"), FIRST UNION NATIONAL BANK and NATIONSBANK, N.A., in their respective capacities as co-agents for the Lenders (the "Co-Agents");
Independence of Covenants. Each covenant contained in this Indenture shall be construed (absent an express provision to the contrary) as being independent of each other covenant, so that compliance with any one covenant shall not (absent such an express contrary provision) be deemed to excuse compliance with any other covenant.
Independence of Covenants. 168 10.8 Notices....................................................... 169 10.9 Survival of Representations, Warranties and Agreements.....
Independence of Covenants. 187 11.17. Currency Indemnity.........................................187 Annex I - List of Banks Annex II - Bank Addresses Annex III - Agreement relating to U.K. Swingline Loans Schedule 1.08(b) - Calculation of MLA Cost Schedule 1.16 - Acceptances Provisions Schedule 4.01(u)(i) - List of Mortgaged Real Property Schedule 5.04 - Litigation Schedule 5.06 - Governmental Approvals Schedule 5.13 - Tax Returns Schedule 5.15 - Subsidiaries Schedule 5.19 - Securities Schedule 5.20 - Schedule of Collective Bargaining Agreements Schedule 5.21(a) - Schedule of Existing Debt Schedule 5.21(b) - Prior Liens Schedule 5.22 - Environmental Schedule 6.01(i) - Summary of Corporate Insurance Policies Schedule 7.06(j) - Joint Venture Commitments Schedule 7.18(viii) - Schedule of Existing Guarantees and Letters of Credit Exhibit A-1 - Form of A Term Note Exhibit A-2 - Form of B Term Note Exhibit A-3 - Form of Acquisition Term Note Exhibit B-1 - Form of Revolving Note Exhibit B-2 - Form of U.S. Swingline Note Exhibit B-3 - Form of U.K. Swingline Note Exhibit B-4 - Form of Canadian Swingline Note Exhibit C-1 - Form of Opinion of Akin, Gump, Strauss, Xxxxx & Xxxx, L.L.P. Exhibit C-2 - Form of Opinion of Linklater & Paines Exhibit C-3(a) - Form of Opinion of XxXxxxxx Xxxxxxxx Exhibit C-3(b) - Form of Opinion of Patterson, Palmer, Hunt, Murphy Exhibit C-4 - Form of Local Counsel Opinions Exhibit D - Form of Mortgage Exhibit E-1 - Form of Holdings Guarantee Exhibit E-2 - Form of U.S. Subsidiary Guarantee Exhibit E-3 - Form of Canadian Guarantee Exhibit F-1 - Form of U.S. Security Agreement Exhibit G-1 - Form of U.K. Security Document and Guarantee Exhibit G-2 - Form of Canadian Security Agreement Exhibit G-3 - Form of Scotland Instrument of Change and Guarantee Exhibit H-1 - Form of Canadian Securities Pledge Agreement Exhibit H-2 - Form of Mexican Stock Pledge Agreement Exhibit H-3 - Form of U.K. Deed of Pledge Exhibit I-1 - Form of Notice of Assignment Exhibit I-2 - Form of Assignment and Assumption Agreement Exhibit J - Form of Notice of Borrowing Exhibit K - Form of Notice of Continuation/Conversion Exhibit L - Form of Borrowing Base Certificate Exhibit M - Form of Officers' Certificate Regarding Environmental Review Exhibit N - Form of Officers' Solvency Certificate Exhibit O - Form of Officers' Certificate Regarding Satisfaction of Conditions Precedent Exhibit P - Form of Section 3.04 Certificate Exhibit Q - Form of Intercreditor Agreement CREDIT AGREEMENT, dated as of March 3...
