Common use of Additional and Independent Obligations Clause in Contracts

Additional and Independent Obligations. Each Guarantor’s obligations under this Guaranty are in addition to its obligations under any other existing or future guaranties, each of which shall remain in full force and effect until it is expressly modified or released in a writing signed by the beneficiary of such other guaranty or guaranties. Each Guarantor’s obligations under this Guaranty are independent of those of a Borrower on the Guaranteed Obligations. The Guaranteed and Secured Parties may bring a separate action, or commence a separate reference or arbitration proceeding against a Guarantor without first proceeding against a Borrower, any other Person or any security that Agent or any Lender may hold, and without pursuing any other remedy. The Guaranteed and Secured Parties rights under this Guaranty shall not be exhausted by any action by the Guaranteed and Secured Parties until the Guaranteed Obligations have been paid and performed in full.

Appears in 2 contracts

Samples: Credit Agreement (American Vanguard Corp), Credit Agreement (American Vanguard Corp)

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Additional and Independent Obligations. Each Guarantor’s 's obligations under this Guaranty are in addition to its obligations under any other existing or future guaranties, each of which shall remain in full force and effect until it is expressly modified or released in a writing signed by Agent and consented to by the beneficiary of such other guaranty or guarantiesLenders. Each Guarantor’s 's obligations under this Guaranty are independent of those of a Borrower Acquisition Sub on the Guaranteed ObligationsGuarantied Indebtedness. The Guaranteed and Secured Parties Except as provided in Section 2.01(b)(i), Agent or the Lenders may bring a separate action, or commence a separate reference or arbitration proceeding proceeding, against a Guarantor without first proceeding against a BorrowerAcquisition Sub, any other Person Guarantor or person or any security that Agent or any Lender may hold, and without pursuing any other remedy. The Guaranteed and Secured Parties None of Agent's or any Lender's rights under this Guaranty shall not be exhausted by any action by the Guaranteed and Secured Parties Agent or any Lender until the Guaranteed Obligations have Guarantied Indebtedness has been paid and performed in fullfull in cash.

Appears in 2 contracts

Samples: Credit Agreement (Apartment Investment & Management Co), Payment Guaranty (Apartment Investment & Management Co)

Additional and Independent Obligations. Each The Guarantor’s 's obligations under this Guaranty are in addition to its obligations under any other existing or future guaranties, each of which shall remain in full force and effect until it is expressly modified or released in a writing signed by the beneficiary of such other guaranty or guaranties. Each The Guarantor’s 's obligations under this Guaranty are independent of those of a the Borrower on the Guaranteed Obligations. The Guaranteed Administrative Agent and Secured Parties the Lenders may bring a separate action, or commence a separate reference or arbitration proceeding against a the Guarantor without first proceeding against a the Borrower, any other Person or any security that the Administrative Agent or any Lender may hold, and without pursuing any other remedy. The Guaranteed and Secured Parties Neither the Administrative Agent's nor any Lender's rights under this Guaranty shall not be exhausted by any action by the Guaranteed and Secured Parties Administrative Agent or any Lender until the Guaranteed Obligations have been paid and performed in full.

Appears in 1 contract

Samples: Credit Agreement (Callaway Golf Co /Ca)

Additional and Independent Obligations. Each Guarantor’s 's obligations under this Guaranty are in addition to its obligations under any other existing or future guaranties, each of which shall remain in full force and effect until it is expressly modified or released in a writing signed by Administrative Agent and consented to by the beneficiary of such other guaranty or guarantiesLenders. Each Guarantor’s 's obligations under this Guaranty are independent of those of a Borrower Borrowers on the Guaranteed ObligationsIndebtedness. The Guaranteed and Secured Parties Subject to SECTION 8.02 of the Credit Agreement, Administrative Agent or the Lenders may bring a separate action, or commence a separate reference or arbitration proceeding against a each Guarantor without first proceeding against a BorrowerBorrowers, any other Person person or any security that Administrative Agent or any Lender may hold, and without pursuing any other remedy. The Guaranteed and Secured Parties None of Administrative Agent's or any Lender's rights under this Guaranty shall not be exhausted by any action by the Guaranteed and Secured Parties Administrative Agent or any Lender until the Guaranteed Obligations have Indebtedness has been paid and performed in fullfull in cash.

Appears in 1 contract

Samples: Payment Guaranty (Apartment Investment & Management Co)

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Additional and Independent Obligations. Each Completion Guarantor’s 's obligations under this Completion Guaranty are in addition to its obligations under any other existing or future guarantiesguaranties given in connection with the Loan Agreement, each of which and they shall remain in full force and effect until it is expressly modified (a) they are performed in full or released (b) they terminate in a writing signed by accordance with the beneficiary of such other guaranty or guarantiesterms hereof. Each Completion Guarantor’s 's obligations under this Completion Guaranty are independent of those of a Borrower on under the Guaranteed Obligationsother Loan Documents. The Guaranteed and Secured Parties Administrative Agent may bring a separate action, or commence a separate reference or arbitration proceeding against a Completion Guarantor without first proceeding against a Borrower, any other Person person or any security that the Administrative Agent or any Lender the Creditors may hold, and without pursuing any other remedy. The Guaranteed and Secured Parties rights under this Completion Guaranty shall not be exhausted by any action by the Guaranteed and Secured Parties Administrative Agent or any Lender or Creditor until the Guaranteed Obligations Loans have been paid and performed in full.

Appears in 1 contract

Samples: Completion Guaranty (Station Casinos Inc)

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