Separate Obligation. Each Subsidiary Guarantor acknowledges and agrees that: (i) the Guaranteed Obligations are separate and distinct from any Debt arising under or in connection with any other document, including under any provision of this Agreement other than this Section 10.14, executed at any time by such Subsidiary Guarantor in favor of Administrative Agent or any Lending Party; and (ii) such Subsidiary Guarantor shall pay and perform all of the Guaranteed Obligations as required under this Section 10.14, and Administrative Agent and Lending Parties may enforce any and all of their respective rights and remedies hereunder, without regard to any other document, including any provision of this Agreement other than this Section 10.14, at any time executed by such Subsidiary Guarantor in favor of Administrative Agent or any Lending Party, irrespective of whether any such other document, or any provision thereof or hereof, shall for any reason become unenforceable or any of the Debt thereunder shall have been discharged, whether by performance, avoidance or otherwise. Each Subsidiary Guarantor acknowledges that, in providing benefits to Borrower, Administrative Agent and Lending Parties are relying upon the enforceability of this Section 10.14 and the Guaranteed Obligations as separate and distinct Debt of such Subsidiary Guarantor, and each Subsidiary Guarantor agrees that Administrative Agent and Lending Parties would be denied the full benefit of their bargain if at any time this Section 10.14 or the Guaranteed Obligations were treated any differently. The fact that the guaranty is set forth in this Agreement rather than in a separate guaranty document is for the convenience of Borrower and Subsidiary Guarantors and shall in no way impair or adversely affect the rights or benefits of Administrative Agent and Lending Parties under this Section 10.14. Each Subsidiary Guarantor agrees to execute and deliver a separate document, immediately upon request at any time of Administrative Agent or any Lending Party, evidencing such Subsidiary Guarantor’s obligations under this Section 10.14. Upon the occurrence of any Event of Default, a separate action or actions may be brought against such Subsidiary Guarantor, whether or not Borrower, any other Subsidiary Guarantor or any other Person is joined therein or a separate action or actions are brought against Borrower, any such other Subsidiary Guarantor or any such other Person.
Separate Obligation. The obligation of each Lender to make its Commitment available to the Borrower is a separate obligation between each Lender and the Borrower, and that obligation is not the several or joint and several obligation of any other Lender.
Separate Obligation. The agreement provided for in this Section 3.7 shall constitute an obligation separate and independent from all other obligations contained in this Agreement, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by the Issuers, Lenders or the Agents or any of them from time to time, and shall continue in full force and effect notwithstanding any judgment or order for a liquidated sum in respect of an amount due hereunder or under any judgment or order. The agreements and obligations of the Borrower in this Section 3.7 shall survive the payment of all other Obligations.
Separate Obligation. 83 (c) Limitation of Guaranty................................... 83 (d) Liability of Guarantor................................... 84 (e) Consents of Guarantor.................................... 85 (f) Guarantor's Waivers...................................... 85 (g) Financial Condition of Borrowers......................... 86 (h) Subrogation.............................................. 86 (i)
Separate Obligation. Each and every obligation in this Article 16 shall be treated as a separate obligation and shall be severally enforceable as such, and in the event of any obligation or obligations being or becoming unenforceable in whole or in part, such part or parts as are unenforceable shall be deleted from this Article 16 and any such deletion shall not affect the enforceability of all such parts of this Article 16 as remain not so deleted.
Separate Obligation. The obligation of each Credit Facility Lender to make its Commitment available to the Revolving Facility Borrowers or Term Facility Borrowers, as applicable, is a separate obligation between each Credit Facility Lender and the Revolving Facility Borrowers or Term Facility Borrowers, as applicable, and that obligation is not the several or joint and several obligation of any other Credit Facility Lender.
Separate Obligation. Each Guarantor acknowledges and agrees (i) that the Guaranteed Obligations are separate and distinct from any indebtedness, obligations or liabilities arising under or in connection with any other agreement, instrument or guaranty, including under any provision of this Agreement other than this Section 9.17, executed at any time by such Guarantor in favor of the Administrative Agent or any of the Banks, and (ii) such Guarantor shall pay and perform all of the Guaranteed Obligations as required under this Section 9.17, and the Administrative Agent and the Banks may enforce any and all of their rights and remedies hereunder, without regard to any other agreement, instrument or guaranty, including any provision of this Agreement other than this Section 9.17, at any time executed by such Guarantor in favor of the Administrative Agent or any of the Banks, regardless of whether or not any such other agreement, instrument or guaranty, or any provision thereof or hereof, shall for any reason become unenforceable or any of the indebtedness, obligations or liabilities thereunder shall have been discharged, whether by
Separate Obligation. Guarantor hereby expressly agrees that this -------------------- Guaranty is independent of, and in addition to, all collateral granted, pledged or assigned under the Note, Mortgage and other documents and instruments given to evidence or secure the Loan, and Guarantor hereby consents that from time to time, before or after any default by the Borrower, with or without further notice to or assent from Guarantor:
Separate Obligation. The obligations of the Developer (and all parties claiming rights hereunder through the Developer) under this Section are independent of, and shall not be measured or affected by, (i) any other amounts at any time owing pursuant to this Agreement, (ii) any other obligations of the Developer (and all parties claiming rights hereunder through the Developer) hereunder, including to holder(s) of the TIF Note, or any other agreements delivered in connection therewith, whether they relate to compliance with Environmental Laws or the use or discharge of Hazardous Substances or otherwise, (iii) the consideration given to any party in order to acquire the property subject to this Agreement, or any portion thereof, (iv) the modification, expiration or termination of the Developer's obligations under any other document or instrument relating thereto, or
Separate Obligation. Each Subsidiary Guarantor acknowledges and agrees that (i) the Guaranteed Obligations are separate and distinct from any Indebtedness arising under or in connection with any other document, including under any provision of this Agreement other than this Section 10.15 or any Bank Product, executed at any time by such Subsidiary Guarantor in favor of Administrative Agent, any Lending Party or any Bank Product Provider; and (ii) such Subsidiary Guarantor will pay and perform all of the Guaranteed Obligations as required under this Section 10.15, and Administrative Agent, Lending Parties and Bank Product Providers may enforce any and all of their respective rights and remedies hereunder, without regard to any other document, including any provision of this Agreement other than this Section 10.15 and Section 10.03, at any time executed by such Subsidiary Guarantor in favor of Administrative Agent, any Lending Party or any Bank Product Provider, irrespective of whether any such other document, or any provision thereof or hereof, will for any reason become unenforceable or any of the Indebtedness thereunder will have been discharged, whether by performance, avoidance or otherwise. Each Subsidiary Guarantor acknowledges that, in providing benefits to the Borrowers, Administrative Agent, Lending Parties and Bank Product Providers are relying upon the enforceability of unsecured, may be subject to the write-down and conversion powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:
