Independent Obligation. The obligations of Holdings hereunder are independent of the obligations of any other guarantor, any other party or the Borrower, and a separate action or actions may be brought and prosecuted against Holdings whether or not action is brought against any other guarantor, any other party or the Borrower and whether or not any other guarantor, any other party or the Borrower be joined in any such action or actions. Holdings waives, to the fullest extent permitted by law, the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the Borrower or other circumstance which operates to toll any statute of limitations as to the Borrower shall operate to toll the statute of limitations as to Holdings.
Appears in 18 contracts
Samples: Security Agreement (CURO Group Holdings Corp.), Intercreditor Agreement (Capella Healthcare, Inc.), Patent Security Agreement
Independent Obligation. The obligations of Holdings the Parent hereunder are independent of the obligations of any other guarantor, any other party or the Borrower, and a separate action or actions may be brought and prosecuted against Holdings the Parent whether or not action is brought against any other guarantor, any other party or the Borrower and whether or not any other guarantor, any other party or the Borrower be joined in any such action or actions. Holdings The Parent waives, to the fullest extent permitted by law, the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the Borrower or other circumstance which operates to toll any statute of limitations as to the Borrower shall operate to toll the statute of limitations as to Holdingsthe Parent.
Appears in 9 contracts
Samples: Credit Agreement (Atwood Oceanics Inc), Credit Agreement (Auxilium Pharmaceuticals Inc), Credit Agreement (Atwood Oceanics Inc)
Independent Obligation. The obligations of Holdings hereunder are independent of the obligations of any other guarantor, any other party or the Borrower, and a separate action or actions may be brought and prosecuted against Holdings whether or not action is brought against any other guarantor, any other party or the Borrower and whether or not any other guarantor, any other party or the Borrower be joined in any such action or actions. Holdings waives, to the fullest full extent permitted by law, the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the Borrower or other circumstance which operates to toll any statute of limitations as to the Borrower shall operate to toll the statute of limitations as to Holdings.
Appears in 7 contracts
Samples: Credit Agreement (Intelsat LTD), Security Agreement (Marathon Power Technologies Co), Credit Agreement (Dominicks Supermarkets Inc)
Independent Obligation. The obligations of Holdings the Company hereunder are independent of the obligations of any other guarantor, any other party or the any Borrower, and a separate action or actions may be brought and prosecuted against Holdings the Company whether or not action is brought against any other guarantor, any other party or the any Borrower and whether or not any other guarantor, any other party or the any Borrower be is joined in any such action or actions. Holdings The Company waives, to the fullest full extent permitted by law, the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the a Borrower or other circumstance which operates to toll any statute of limitations as to the such Borrower shall operate to toll the statute of limitations as to Holdingsthe Company’s obligations under this Section 15.
Appears in 6 contracts
Samples: Credit Agreement (Regal Beloit Corp), Credit Agreement (Regal Beloit Corp), Credit Agreement (Regal Beloit Corp)
Independent Obligation. The obligations of Holdings hereunder are independent of the obligations of any other guarantor, any other party or the any Borrower, and a separate action or actions may be brought and prosecuted against Holdings whether or not action is brought against any other guarantor, any other party or the any Borrower and whether or not any other guarantor, any other party or the any Borrower be joined in any such action or actions. Holdings waives, to the fullest extent permitted by law, the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the any Borrower or other circumstance which operates to toll any statute of limitations as to the such Borrower shall operate to toll the statute of limitations as to Holdings.
Appears in 6 contracts
Samples: Credit Agreement (RSC Equipment Rental, Inc.), The Credit Agreement (RSC Holdings Inc.), Term Loan Credit Agreement (RSC Holdings Inc.)
Independent Obligation. The obligations of Holdings Company hereunder are independent of the obligations of any other guarantor, any other party or the any Borrower, and a separate action or actions may be brought and prosecuted against Holdings Company whether or not action is brought against any other guarantor, any other party or the any Borrower and whether or not any other guarantor, any other party or the any Borrower be joined in any such action or actions. Holdings Company waives, to the fullest full extent permitted by law, the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the any Borrower or other circumstance which operates to toll any statute of limitations as to the any Borrower shall operate to toll the statute of limitations as to HoldingsCompany or any guarantor.
Appears in 4 contracts
Samples: Credit Agreement (Ball Corp), Credit Agreement (Ball Corp), Credit Agreement (Greif Inc)
Independent Obligation. The obligations of Holdings the Company hereunder are independent of the obligations of any other guarantor, any other party or the any Borrower, and a separate action or actions may be brought and prosecuted against Holdings the Company whether or not action is brought against any other guarantor, any other party or the any Borrower and whether or not any other guarantor, any other party or the any Borrower be is joined in any such action or actions. Holdings The Company waives, to the fullest full extent permitted by law, the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the a Borrower or other circumstance which operates to toll any statute of limitations as to the such Borrower shall operate to toll the statute of limitations as to Holdingsthe Company’s obligations under this Article XII.
Appears in 3 contracts
Samples: Credit Agreement (Oshkosh Corp), Credit Agreement (Oshkosh Truck Corp), Credit Agreement (Oshkosh Truck Corp)
Independent Obligation. The obligations of Holdings hereunder are independent of the obligations of any other guarantor, any other party or the Borrower, and a separate action or actions may be brought and prosecuted against Holdings whether or not action is brought against any other guarantor, any other party or the Borrower and whether or not any other guarantor, any other party or the Borrower be joined in any such action or actions. Holdings waives, to the fullest full extent permitted by law, the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereofhereof. Any payment by the Borrower or other circumstance which operates to toll any statute of limitations as to the Borrower shall operate to toll the statute of limitations as to Holdings.
Appears in 3 contracts
Samples: Credit Agreement (RBS Global Inc), Credit Agreement (Amtrol Inc /Ri/), Credit Agreement (Winfred Berg Licensco Inc)
Independent Obligation. The obligations of Holdings hereunder are independent of the obligations of any other guarantor, any other party or the Borrower, and a separate action or actions may be brought and prosecuted against Holdings whether or not action is brought against any other guarantor, any other party or the Borrower and whether or not any other guarantor, any other party or the Borrower be joined in any such action or actions. Holdings waives, to the fullest full extent permitted by law, the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the Borrower or other circumstance which operates to toll any statute of limitations as to the Borrower shall operate to toll the statute of limitations as to Holdingsany Guarantor.
Appears in 3 contracts
Samples: Credit Agreement (Nutraceutical International Corp), Credit Agreement (Nutraceutical International Corp), Credit Agreement (Nutraceutical International Corp)
Independent Obligation. The obligations of Holdings hereunder are independent of the obligations of any other guarantor, any other party or the Borrower, and a separate action or actions may be brought and prosecuted against Holdings whether or not action is brought against any other guarantor, any other party or the Borrower and whether or not any other guarantor, any other party or the Borrower be joined in any such action or actions. Holdings waives, to the fullest extent permitted by law, the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the Borrower or other circumstance which operates to toll any statute of limitations as to the Borrower shall operate to toll the statute of limitations as to Holdings.
Appears in 2 contracts
Samples: Credit Agreement (Nextmedia Operating Inc), Credit Agreement (Dominos Inc)
Independent Obligation. The obligations of Holdings ---------------------- hereunder are independent of the obligations of any other guarantor, any other party guarantor or the Borrower, and a separate action or actions may be brought and prosecuted against Holdings whether or not action is brought against any other guarantor, any other party guarantor or the Borrower and whether or not any other guarantor, any other party guarantor or the Borrower be joined in any such action or actions. Holdings waives, to the fullest extent permitted by law, the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the Borrower or other circumstance which operates to toll any statute of limitations as to the Borrower shall operate to toll the statute of limitations as to Holdings.
Appears in 2 contracts
Samples: Credit Agreement (Graphic Controls Corp), Credit Agreement (Graphic Controls Corp)
Independent Obligation. The obligations of Holdings hereunder are independent of the obligations of any other guarantor, any other party or the Borrower, and a separate action or actions may be brought and prosecuted against Holdings whether or not action is brought against any other guarantor, any other party or the Borrower and whether or not any other guarantor, any other party or the Borrower be joined in any such action or actions. Holdings waives, to the fullest full extent permitted by law, the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the Borrower or other circumstance which operates to toll any statute of limitations as to the Borrower shall operate to toll the statute of limitations as to Holdingsany Guarantor.
Appears in 1 contract
Samples: Credit Agreement (Noveon Inc)
Independent Obligation. The obligations of Holdings hereunder are independent of the obligations of any other guarantor, any other party or the either Borrower, and a separate action or actions may be brought and prosecuted against Holdings whether or not action is brought against any other guarantor, any other party or the either Borrower and whether or not any other guarantor, any other party or the either Borrower be joined in any such action or actions. Holdings waives, to the fullest extent permitted by law, the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the either Borrower or other circumstance which operates to toll any statute of limitations as to the such Borrower shall operate to toll the statute of limitations as to Holdings.
Appears in 1 contract
Samples: Credit Agreement (Dominos Inc)
Independent Obligation. The obligations of Holdings hereunder ---------------------- are independent of the obligations of any other guarantor, any other party guarantor or the Borrower, and a separate action or actions may be brought and prosecuted against Holdings whether or not action is brought against any other guarantor, any other party guarantor or the Borrower and whether or not any other guarantor, any other party or guarantor the Borrower be joined in any such action or actions. Holdings waives, to the fullest extent permitted by law, law the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the Borrower or other circumstance which operates to toll any statute of limitations as to the Borrower shall operate to toll the statute of limitations as to Holdings.
Appears in 1 contract
Samples: Agreement (Physician Health Corp)
Independent Obligation. The obligations of Holdings hereunder are independent of the obligations of any other guarantor, any other party or the any Borrower, and a separate action or actions may be brought and prosecuted against Holdings whether or not action is brought against any other guarantor, any other party or the any Borrower and whether or not any other guarantor, any other party or the any Borrower be joined in any such action or actions. Holdings waives, to the fullest extent permitted by law, the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the any Borrower or other circumstance which operates to toll any statute of limitations as to the any Borrower shall operate to toll the statute of limitations as to Holdings.
Appears in 1 contract
Samples: Credit Agreement (STG Group, Inc.)
Independent Obligation. The obligations of Holdings hereunder are independent of the obligations of any other guarantor, any other party guarantor or the Borrower, and a separate action or actions may be brought and prosecuted against Holdings whether or not action is brought against any other guarantor, any other party guar antor or the Borrower and whether or not any other guarantor, any other party guarantor or the Borrower be joined in any such action or actions. Holdings waives, to the fullest extent permitted by law, the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the Borrower or other circumstance which operates to toll any statute of limitations as to the Borrower shall operate to toll the statute of limitations as to Holdings.
Appears in 1 contract
Samples: Credit Agreement (R&b Falcon Corp)
Independent Obligation. The obligations of Holdings hereunder ---------------------- are independent of the obligations of any other guarantor, any other party guarantor or the Borrower, and a separate action or actions may be brought and prosecuted against Holdings whether or not action is brought against any other guarantor, any other party guarantor or the Borrower and whether or not any other guarantor, any other party guarantor or the Borrower be joined in any such action or actions. Holdings waives, to the fullest extent permitted by law, the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the Borrower or other circumstance which operates to toll any statute of limitations as to the Borrower shall operate to toll the statute of limitations as to Holdings.
Appears in 1 contract
Samples: Warrant Agreement (Autotote Corp)
Independent Obligation. The obligations of Holdings hereunder are several and are independent of the obligations of any other guarantor, any other party or the Borrower, and a separate action or actions may be brought and prosecuted against Holdings whether or not action is brought against any other guarantor, any other party or the Borrower and whether or not any other guarantor, any other party or the Borrower be joined in any such action or actions. Holdings waives, to the fullest extent permitted by law, the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the Borrower or other circumstance which operates to toll any statute of limitations as to the Borrower shall operate to toll the statute of limitations as to Holdings.
Appears in 1 contract
Samples: Priority Credit Agreement (Trico Marine Services Inc)
Independent Obligation. The obligations of Holdings hereunder ---------------------- are independent of the obligations of any other guarantor, any other party guarantor or the Borrower, and a separate action or actions may be brought and prosecuted against Holdings whether or not action is brought against any other guarantor, any other party guarantor or the Borrower and whether or not any other guarantor, any other party guarantor or the Borrower be joined in any such action or actions. Holdings waives, to the fullest extent permitted by law, the benefit of any statute statue of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the Borrower or other circumstance which operates to toll any statute of limitations as to the Borrower shall operate to toll the statute of limitations as to Holdings.
Appears in 1 contract
Independent Obligation. The obligations of Holdings hereunder are independent of the obligations of any other guarantor, any other party or the Borrower, and a separate action or actions may be brought and prosecuted against Holdings whether or not action is brought against any other guarantor, any other party or the Borrower and whether or not any other guarantor, any other party or the Borrower be joined in any such action or actions. Holdings waives, to the fullest extent permitted by law, the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the Borrower or other circumstance which operates to toll any statute of limitations as to the Borrower shall operate to toll the statute of limitations as to Holdings.. 104
Appears in 1 contract
Independent Obligation. The obligations of Holdings the Company hereunder are independent of the obligations of any other guarantor, guarantor or any other party or the Borrower, and a separate action or actions may be brought bought and prosecuted against Holdings the Company whether or not action is brought against any other guarantor, guarantor or any other party or the Borrower and whether or not any other guarantor, guarantor or any other party or the Borrower be joined in any such action or actions. Holdings The Company waives, to the fullest extent permitted by law, the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the any Borrower or other circumstance which operates to toll any statute of limitations as to the such Borrower shall operate to toll the statute of limitations as to Holdingsthe Company.
Appears in 1 contract
Samples: Alternative Living Services Inc
Independent Obligation. The obligations of Holdings hereunder are independent of the obligations of any other guarantor, any other party or the BorrowerPayer, and a separate action or actions may be brought and prosecuted against Holdings whether or not action is brought against any other guarantor, any other party or the Borrower Payer and whether or not any other guarantor, any other party or the Borrower Payer be joined in any such action or actions. Holdings waives, to the fullest extent permitted by law, the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the Borrower Payer or other circumstance which operates to toll any statute of limitations as to the Borrower Payer shall operate to toll the statute of limitations as to Holdings.
Appears in 1 contract
Samples: Reimbursement Agreement (Endeavour International Corp)
Independent Obligation. The obligations of Holdings hereunder are independent of the obligations of any other guarantor, any other party guarantor or the Borrower, and a separate action 110 or actions may be brought and prosecuted against Holdings whether or not action is brought against any other guarantor, any other party guarantor or the Borrower and whether or not any other guarantor, any other party guarantor or the Borrower be joined in any such action or actions. Holdings waives, to the fullest extent permitted by law, the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the Borrower or other circumstance which operates to toll any statute of limitations as to the Borrower shall operate to toll the statute of limitations as to Holdings.
Appears in 1 contract
Samples: And (Interstate Hotels Co)
