Common use of Joint and Several Obligation Clause in Contracts

Joint and Several Obligation. Guarantor agrees that Administrative Agent and Lenders, in their sole discretion, may (a) bring suit against all guarantors or other Persons liable or obligated to Administrative Agent or any Lender or against any one or more of them, for interest, penalties, expenses, fees, indebtedness, liabilities and obligations owed to Administrative Agent or any Lender and apply any amounts obtained by Administrative Agent or any Lender in such a manner as Administrative Agent or any Lender may elect, (b) bring suit against all guarantors of the Guaranteed Obligations jointly and severally or against any one or more of them, (c) settle fully or in part with any one or more of such guarantors for such consideration as Administrative Agent or any Lender may deem proper, and (d) partially or fully release one or more of such guarantors from liability under any guaranty agreement, and that no such action shall impair the rights of Administrative Agent or any Lender to collect the Guaranteed Obligations (or the unpaid balance thereof) from other guarantors (including, without limitation, Guarantor), or any of them, not so sued, settled with or released.

Appears in 5 contracts

Samples: Guaranty Agreement (Savvis Communications Corp), Guaranty Agreement (Savvis Communications Corp), Guaranty Agreement (Savvis Communications Corp)

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Joint and Several Obligation. Guarantor agrees that Administrative Agent GE Capital and LendersLessors, in their sole discretion, may (a) bring suit against all guarantors or other Persons liable or obligated to Administrative Agent GE Capital or any Lender Lessor or against any one or more of them, for interest, penalties, expenses, fees, indebtedness, liabilities and obligations owed to Administrative Agent GE Capital or any Lender Lessor and apply any amounts obtained by Administrative Agent GE Capital or any Lender Lessor in such a manner as Administrative Agent GE Capital or any Lender Lessor may elect, (b) bring suit against all guarantors of the Guaranteed Obligations jointly and severally or against any one or more of them, (c) settle fully or in part with any one or more of such guarantors for such consideration as Administrative Agent GE Capital or any Lender Lessor may deem proper, and (d) partially or fully release one or more of such guarantors from liability under any guaranty agreement, and that no such action shall impair the rights of Administrative Agent GE Capital or any Lender Lessor to collect the Guaranteed Obligations (or the unpaid balance thereof) from other guarantors (including, without limitation, Guarantor), or any of them, not so sued, settled with or released.

Appears in 4 contracts

Samples: Guaranty Agreement (Savvis Communications Corp), Guaranty Agreement (Savvis Communications Corp), Guaranty Agreement (Savvis Communications Corp)

Joint and Several Obligation. Guarantor agrees that Administrative ---------------------------- Agent and Lenders, in their sole discretion, may (a) bring suit against all guarantors or other Persons liable or obligated to Administrative Agent or any Lender or against any one or more of them, for interest, penalties, expenses, fees, indebtedness, liabilities and obligations owed to Administrative Agent or any Lender and apply any amounts obtained by Administrative Agent or any Lender in such a manner as Administrative Agent or any Lender may elect, (b) bring suit against all guarantors of the Guaranteed Obligations jointly and severally or against any one or more of them, (c) settle fully or in part with any one or more of such guarantors for such consideration as Administrative Agent or any Lender may deem proper, and (d) partially or fully release one or more of such guarantors from liability under any guaranty agreement, and that no such action shall impair the rights of Administrative Agent or any Lender to collect the Guaranteed Obligations (or the unpaid balance thereof) from other guarantors (including, without limitation, Guarantor), or any of them, not so sued, settled with or released.

Appears in 2 contracts

Samples: Guaranty Agreement (Cais Internet Inc), Guaranty Agreement (Nettel Communications Inc)

Joint and Several Obligation. Each Guarantor agrees that the Administrative Agent and LendersAgent, in their its sole discretion, may (a) bring suit against all Guarantors, other guarantors or any other Persons liable or obligated to the Administrative Agent or any Lender or against any one or more of them, for interest, penalties, expenses, fees, indebtedness, liabilities liabilities, and obligations owed to the Administrative Agent or any Lender and apply any amounts obtained by the Administrative Agent or any such Lender in such a manner as the Administrative Agent or any Lender may elect, whether or not applied to the Guaranteed Obligations, (b) bring suit against all Guarantors and other guarantors of the Guaranteed Obligations jointly and severally or against any one or more of them, (c) settle fully or in part with any one or more of such Guarantors or other guarantors for such consideration as the Administrative Agent or any Lender may deem proper, and (d) partially or fully release one or more of such Guarantors or other guarantors from liability under any guaranty agreement, and that no such action shall impair the rights of the Administrative Agent or any Lender to collect the Guaranteed Obligations (or the unpaid balance thereof) from other guarantors (including, without limitation, Guarantor)Guarantors or guarantors, or any of them, not so sued, settled with with, or released.

Appears in 2 contracts

Samples: Credit Agreement (Sourcecorp Inc), Master Guaranty Agreement (Fyi Inc)

Joint and Several Obligation. Guarantor agrees that Administrative Agent and Lenders, in their sole discretion, may (a) bring suit against all guarantors or other Persons liable or obligated to Administrative Agent or any Lender or against any one or more of them, for interest, penalties, expenses, fees, indebtedness, liabilities and obligations owed to Administrative Agent or any Lender and apply any amounts obtained by Administrative Agent or any Lender in such a manner as Administrative Agent or any Lender may elect, (b) bring suit against all guarantors of the Guaranteed Obligations jointly and severally or against any one or more of them, (c) settle fully or in part with any one or more of such guarantors for such consideration as Administrative Agent or any Lender may deem proper, and (d) partially or fully release one or more of such guarantors from liability under any guaranty agreement, and that no such action shall impair the rights of Administrative Agent or any Lender to collect the Guaranteed Obligations (or the unpaid balance thereof) from other guarantors (including, without limitation, Guarantor), or any of them, not so sued, settled with with, or released.

Appears in 1 contract

Samples: Security Agreement (Old America Stores Inc)

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Joint and Several Obligation. Guarantor agrees that Administrative Agent and Lenders, in their sole discretion, may (a) bring suit against all guarantors or other Persons liable or obligated to Administrative Agent or any Lender or against any one or more of them, for interest, penalties, expenses, fees, indebtedness, liabilities and obligations owed to Administrative Agent or any Lender and apply any amounts obtained by Administrative Agent or any Lender in such a manner as Administrative Agent or any Lender may elect, (b) bring suit against all guarantors of the Guaranteed Obligations jointly and severally or against any one or more of them, (c) settle fully or in part with any one or more of such guarantors for such consideration as Administrative Agent or any Lender may deem proper, and (d) partially or fully release one or more of such guarantors from liability under any guaranty agreement, and that no such action shall impair the rights of Administrative Agent or any Lender to collect the Guaranteed Obligations (or the unpaid balance thereof) from other guarantors (including, without limitation, Guarantor), or any of them, not so sued, settled with or released.balance

Appears in 1 contract

Samples: Guaranty Agreement (Savvis Communications Corp)

Joint and Several Obligation. Guarantor agrees that Administrative Agent and the Lenders, in their sole discretion, may (a) bring suit against all guarantors or other Persons liable or obligated to Administrative Agent or any Lender or against any one or more of them, for interest, penalties, expenses, fees, indebtedness, liabilities and obligations owed to Administrative Agent or any Lender and apply any amounts obtained by Administrative Agent or any Lender in such a manner as Administrative Agent or any Lender may elect, (b) bring suit against all guarantors of the Guaranteed Obligations jointly and severally or against any one or more of them, (c) settle fully or in part with any one or more of such guarantors for such consideration as Administrative Agent or any Lender may deem proper, and (d) partially or fully release one or more of such guarantors from liability under any guaranty agreement, and that no such action shall impair the rights of Administrative Agent or any Lender to collect the Guaranteed Obligations (or the unpaid balance thereof) from other guarantors (including, without limitation, Guarantor), or any of them, not so sued, settled with with, or released.

Appears in 1 contract

Samples: Guaranty Agreement (Physician Reliance Network Inc)

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