INDEPENDENT NATURE OF LENDERS' RIGHTS. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and each Lender shall be entitled to protect and enforce its rights pursuant to this Agreement and its Notes, and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
INDEPENDENT NATURE OF LENDERS' RIGHTS. The amounts payable at any time hereunder to each Lender under such Lender's Note or Notes shall be a separate and independent debt.
INDEPENDENT NATURE OF LENDERS' RIGHTS. Nothing contained herein or in any other Credit Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and each Lender shall be entitled to protect and enforce its rights arising hereunder and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
INDEPENDENT NATURE OF LENDERS' RIGHTS. The amounts payable at any time under this Agreement to each Agent and each Lender shall be separate and independent debts; each Lender shall be entitled to protect and enforce its rights arising out of this Agreement; and it shall not be necessary for any Agent or any other Lender to be joined as an additional party in any proceeding for such purpose.
INDEPENDENT NATURE OF LENDERS' RIGHTS. Nothing contained in any Loan Document and no action taken by Administrative Agent or any Lender or the Borrower or any Loan Party pursuant hereto or thereto shall be deemed to constitute Lenders and/or the Administrative Agent and/or any Loan Party to be a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and each Lender shall be entitled to protect and enforce its 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.
INDEPENDENT NATURE OF LENDERS' RIGHTS. Nothing contained in any Loan Document and no action taken by the Lender or the Borrower or any Loan Party pursuant hereto or thereto shall be deemed to constitute the Lender and/or any Loan Party to be a partnership, an association, a joint venture or any other kind of entity.
INDEPENDENT NATURE OF LENDERS' RIGHTS. The obligations of Lenders hereunder are several and no Lender shall be responsible for the obligations or Commitments of any other Lender hereunder. Nothing contained herein or in any other Loan Document, and no action taken by Lenders pursuant hereto or thereto, shall be deemed to constitute Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and each Lender shall be entitled to protect and enforce its 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. o HEADINGS.
INDEPENDENT NATURE OF LENDERS' RIGHTS. The amounts payable ------------------------------------- at any time hereunder to each Lender shall be a separate and independent debt, and each Lender shall be entitled to protect and enforce its 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.
INDEPENDENT NATURE OF LENDERS' RIGHTS. The amounts payable at any time hereunder to each Lender under such Lender's Note or Notes shall be a separate and independent debt. Each of the parties hereto has caused a counterpart of this Credit Agreement to be duly executed and delivered as of the date first above written. COMPANY: XXXXXXXX BEACH/XXXXXXX-SILEX, INC., By: /s/ Xxxxx X. Xxxxxx ----------------------------------------- Name: Xxxxx X. Xxxxxx Title: Vice President and Treasurer U.S. SUBSIDIARY BORROWERS: [NONE] CANADIAN BORROWER: XXXXXXX-SILEX CANADA INC. By: /s/ Xxxxx X. Xxxxxx ----------------------------------------- Name: Xxxxx X. Xxxxxx Title: Treasurer AGENTS AND LENDERS: WACHOVIA BANK, NATIONAL ASSOCIATION, in its capacity as Administrative Agent and as a Lender By: /s/ Xxxxxx X. Xxxx ----------------------------------------- Name: Xxxxxx X. Xxxx Title: Director ABN AMRO BANK N.V., CANADA BRANCH, in its capacity as Canadian Agent and as a Lender By: /s/ Xxxxx Xxxx /s/ D. Xxxxx Xxxxxx ----------------------------------------- Name: Xxxxx Xxxx D. Xxxxx Xxxxxx Title: V.P., Asset Based Lending S.V.P., Asset Based Lending KEY BANK, NATIONAL ASSOCIATION, in its capacity as Syndication Agent and as a Lender By: /s/ Xxxxxxx X. Xxxxxxx ----------------------------------------- Name: Xxxxxxx X. Xxxxxxx Title: Assistant Vice President FLEET CAPITAL CORPORATION, in its capacity as Documentation Agent and as a Lender By: /s/ Xxxxxxxxxxx X. Xxxxxx ----------------------------------------- Name: Xxxxxxxxxxx X. Xxxxxx Title: Vice President LASALLE BUSINESS CREDIT, INC., in its capacity as Documentation Agent and as a Lender By: /s/ Xxxx X. XxXxxxxx ----------------------------------------- Name: Xxxx X. XxXxxxxx Title: First Vice President NATIONAL CITY COMMERCIAL FINANCE, INC., in its capacity as Documentation Agent and as a Lender By: /s/ Xxxxx X. Xxxxxxx ----------------------------------------- Name: Xxxxx X. Xxxxxxx Title: Vice President WASHINGTON MUTUAL BANK, as a Lender By: /s/ Xxxxx X. Xxxx ----------------------------------------- Name: Xxxxx X. Xxxx Title: Vice President SUNTRUST BANK, as a Lender By: /s/ Xxxxxxxxx X. Xxxxxx ----------------------------------------- Name: Xxxxxxxxx X. Xxxxxx Title: Vice President SOVEREIGN BANK, as a Lender By: /s/ Xxxxxx X. Xxxx ----------------------------------------- Name: Xxxxxx X. Xxxx Title: V.P. THE PROVIDENT BANK, as a Lender By: /s/ Xxxxxxxx X. Xxxxxx ----------------------------------------- Name: Xxxxxxxx Xxxxxx Title: Vice President EXHIBIT ...
INDEPENDENT NATURE OF LENDERS' RIGHTS. The obligations of the Lenders hereunder are several and not joint and no Lender shall be responsible for the obligations or
