Banks' Obligations Several Sample Clauses
The 'Banks' Obligations Several' clause establishes that each bank involved in a syndicated loan or financing arrangement is responsible only for its own commitments and obligations, not for those of the other banks. In practice, this means that if one bank fails to provide its share of the loan or defaults on its obligations, the other banks are not required to cover the shortfall or assume additional liability. This clause ensures that risk is allocated individually among the participating banks, preventing joint liability and clarifying the extent of each bank's responsibility in the transaction.
Banks' Obligations Several. The obligations of each Bank are several and the failure by a Bank to perform its obligations hereunder shall not affect the obligations of an Obligor towards any other party hereto nor shall any other party be liable for the failure by such Bank to perform its obligations hereunder.
Banks' Obligations Several. The failure of any Bank to make the Loan to be made by it as part of any Borrowing shall not relieve any other Bank of its obligation hereunder to make its Loan on the date of such Borrowing, but no Bank shall be responsible for the failure of any other Bank to make the Loan to be made by such other Bank on the date of any Borrowing.
Banks' Obligations Several. The failure of any Bank to make the Revolving Loan to be made by it as part of any Revolving Loan Borrowing shall not relieve any other Bank of its obligation hereunder to make its Revolving Loan on the date of such Revolving Loan Borrowing, but no Bank shall be responsible for the failure of any other Bank to make the Revolving Loan to be made by such other Bank on the date of any Revolving Loan Borrowing.
Banks' Obligations Several. The Banks' obligations hereunder shall be several and not joint, and no Bank's obligations to lend shall be affected by any other Bank's failure to make any Loan hereunder.
Banks' Obligations Several. The obligations of the Banks hereunder are several. The failure of a Bank to perform its obligations hereunder shall not affect the obligations of the Borrower towards the Agent or any other Bank; neither the Agent nor any other Bank shall be liable for the failure of such Bank to perform its obligations hereunder, nor shall such failure release any other Bank from performing its obligations hereunder upon the terms and subject to the conditions hereof. If any Bank fails to perform its obligations hereunder, the Agent and such Bank shall (without any liability on its part to take over any or all of such Bank's commitment or obligations hereunder) use its reasonable efforts for a period of up to 28 days to replace such Bank with another Qualifying Issuer willing to perform such Bank's obligations hereunder.
Banks' Obligations Several. The obligations of each Bank hereunder are several and the failure by any Bank to perform its obligations hereunder shall not affect the obligations of the Company towards any other party hereto nor shall any other party be liable for the failure by such Bank to perform its obligations hereunder. The failure of any Bank (the "Failing Bank") to make its portion of a Payment available shall not relieve the other Banks of the obligation to make their portion of the Payment. The aggregate of the amounts due to each Bank at any time is a separate and independent debt and each Bank shall have the right to protect and enforce its rights hereunder and it shall not be necessary (except as otherwise provided herein) for any other Bank or the Agent to be joined as an additional party to any proceedings to this end.
Banks' Obligations Several. The obligations of the Banks hereunder are several and not joint. Nothing contained in this Agreement and no action taken by the Banks pursuant hereto shall be deemed to constitute the Banks a partnership, association, joint venture or other entity.
Banks' Obligations Several. The obligations of each Bank under this Agreement are several. Neither the Agent nor any Bank shall be liable for the failure of any other Bank to perform its obligations under this Agreement. The failure of any Bank to make all or any part of the proceeds of any Advance, Competitive Bid Advance or Swing Line Advance available to the Agent for the benefit of Borrower pursuant to this Agreement shall not relieve any other Bank from the performance of its obligations under this Agreement.
Banks' Obligations Several. The obligation of each Bank -------------------------- to make any Advance is several, and not joint or joint and several, and is not conditioned upon the performance by all other Banks of their obligations to make Advances.
Banks' Obligations Several. The obligations of each of the Banks under this Agreement shall be several; accordingly, the failure of a Bank to perform its obligations under this Agreement shall not result in:
(1) the obligations of any other Bank being increased; nor
(2) the Borrower being discharged (in whole or in part) from its obligations under this Agreement towards a Bank (without derogating from rights and remedies the Borrower may have against the Bank in breach) and in no circumstances shall a Bank have any responsibility for a failure of another Bank to perform its obligations under this Agreement.