Common use of Independent Nature of Lenders’ Obligations and Rights Clause in Contracts

Independent Nature of Lenders’ Obligations and Rights. The obligations of each Lender hereunder are several and not joint with the obligations of any other Lenders hereunder, and no Lender shall be responsible in any way for the performance of the obligations of any other Lender hereunder. Nothing contained herein or in any other agreement or document delivered at any closing, and no action taken by any Lender pursuant hereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Lenders are in any way acting in concert with respect to such obligations or the transactions contemplated by this Agreement. Each Lender shall be entitled to protect and enforce its rights, including without limitation the rights arising out of this Agreement, and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose. Each Lender has been represented by its own separate legal counsel in their review and negotiation of the Credit Documents. The Company has elected to provide all Lenders with the same terms and Credit Documents for the convenience of the Company and not because it was required or requested to do so by the Lenders.

Independent Nature of Lenders’ Obligations and Rights. The obligations of each Lender hereunder under this Agreement are several and not joint with the obligations of any the other Lenders hereunderLender, and no neither Lender shall be responsible in any way for the performance or non- performance of the obligations of any the other Lender hereunderunder this Agreement. Nothing contained herein or in any other agreement or document delivered at any closingherein, and no action taken by any Lender pursuant heretohereof or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity, or create a presumption that the Lenders are in any way acting in concert or as a group with respect to such obligations or the transactions contemplated by this Agreement. Each Lender shall be entitled to independently protect and enforce its rights, including including, without limitation limitation, the rights arising out of this Agreement, and it shall not be necessary for any the other Lender to be joined as an additional party in any proceeding for such purpose. Each Lender has been represented by its own separate legal counsel in their its review and negotiation of the Credit Documentsthis Agreement. The Company has elected to provide all the Lenders with the same terms and Credit Documents for the convenience of the Company and not because it was required or requested to do so by the Lenders.any Lender. ​