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.
Appears in 38 contracts
Samples: Abl Credit and Guaranty Agreement (PetIQ, Inc.), Term Credit and Guaranty Agreement (QualTek Services Inc.), Restructuring Support Agreement (QualTek Services Inc.)
INDEPENDENT NATURE OF LENDERS' RIGHTS. Nothing contained herein or in any other Credit Loan 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 out hereof and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 11 contracts
Samples: Credit Agreement (Peabody Energy Corp), Credit Agreement (Peabody Energy Corp), Credit Agreement (Peabody Energy Corp)
INDEPENDENT NATURE OF LENDERS' RIGHTS. Nothing contained herein or in any other Credit Loan 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 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 out hereof and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 4 contracts
Samples: Credit Agreement (Contura Energy, Inc.), Credit Agreement (Contura Energy, Inc.), Credit Agreement (Contura Energy, Inc.)
INDEPENDENT NATURE OF LENDERS' RIGHTS. Nothing contained herein or in any other Credit Security 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 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.
Appears in 2 contracts
Samples: Loan and Security Agreement (American Skiing Co /Me), Loan and Security Agreement (Asc Holdings Inc)
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.. DMFIRM #406105327 v2 216
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