Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor, any other party or any Borrower, and a separate action or actions may be brought and prosecuted against such Guarantor whether or not action is brought against any other guarantor, any other party or any Borrower and whether or not any other guarantor, any other party or any Borrower be joined in any such action or actions. Each Guarantor 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 the Guarantors.
Appears in 9 contracts
Samples: Omnibus Incremental Term Loan and Seventh Amendment to Credit Agreement (Global Eagle Entertainment Inc.), Credit Agreement (Global Eagle Entertainment Inc.), Second Lien Credit Agreement (Global Eagle Entertainment Inc.)
Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor, any other party or any the Borrower, and a separate action or actions may be brought and prosecuted against such Guarantor whether or not action is brought against any other guarantor, any other party or any the Borrower and whether or not any other guarantor, any other party or any the Borrower be joined in any such action or actions. Each Guarantor 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 the Guarantors.
Appears in 9 contracts
Samples: Credit Agreement (Playa Hotels & Resorts N.V.), Abl Credit and Guarantee Agreement (ATI Intermediate Holdings, LLC), Credit Agreement (Playa Hotels & Resorts N.V.)
Independent Obligation. The obligations of each Guarantor the Guarantors hereunder are independent of the obligations of any other Guarantorguarantor, any other party or any the Borrower, and a separate action or actions may be brought and prosecuted against such Guarantor the Guarantors whether or not action is brought against any other guarantor, any other party or any the Borrower and whether or not any other guarantor, any other party or any the Borrower be joined in any such action or actions. Each Guarantor waivesThe Guarantors waive, 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 the Guarantors.
Appears in 4 contracts
Samples: Senior Secured, Super Priority Debtor in Possession Credit Agreement (Trico Marine Services Inc), Credit Agreement (Trico Marine Services Inc), Credit Agreement (Trico Marine Services Inc)
Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor, any other party guarantor or any the Borrower, and a separate action or actions may be brought and prosecuted against such each Guarantor whether or not action is brought against any other guarantor, any other party guarantor or any the Borrower and whether or not any other guarantor, any other party Guarantor or any the Borrower be joined in any such action or actions. Each Guarantor 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 the Guarantorseach Guarantor.
Appears in 4 contracts
Samples: Short Term Revolving Credit Agreement (Foster Wheeler Corp), Short Term Revolving Credit Agreement (Foster Wheeler Corp), Revolving Credit Agreement (Foster Wheeler Corp)
Independent Obligation. The obligations of each Parent Guarantor hereunder are independent of the obligations of any other Guarantorguarantor, any other party or any the Borrower, and a separate action or actions may be brought and prosecuted against such each Parent Guarantor whether or not action is brought against any other guarantor, any other party or any the Borrower and whether or not any other guarantor, any other party or any the Borrower be joined in any such action or actions. Each Parent Guarantor 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 the Guarantorseach Parent Guarantor.
Appears in 3 contracts
Samples: Credit Agreement (Maple Leaf Aerospace Inc), Credit Agreement (Generac Portable Products Inc), Credit Agreement (R&b Falcon Corp)
Independent Obligation. The obligations of each the Parent Guarantor hereunder are independent of the obligations of any other Guarantorguarantor, any other party or any the Borrower, and a separate action or actions may be brought and prosecuted against such the Parent Guarantor whether or not action is brought against any other guarantor, any other party or any the Borrower and whether or not any other guarantor, any other party or any the Borrower be joined in any such action or actions. Each The Parent Guarantor 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 the GuarantorsParent Guarantor.
Appears in 3 contracts
Samples: Credit Agreement (Athena Spinco Inc.), Credit Agreement (Athena Spinco Inc.), Credit Agreement (Athena Spinco Inc.)
Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor, any other party or any Borrower, and a separate action or actions may be brought and prosecuted against such Guarantor whether or not action is brought against any other guarantor, any other party or any Borrower and whether or not any other guarantor, any other party or any Borrower be joined in any such action or actions. Each Guarantor 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 that operates to toll any statute of limitations as to the Borrower shall operate to toll the statute of limitations as to the Guarantors.
Appears in 2 contracts
Samples: Intercreditor Agreement (Alden Global Capital LLC), First Lien Term Loan Credit and Guarantee Agreement (Alden Global Capital LLC)
Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor, any other party guarantor or any Borrowerother party, and a separate action or actions may be brought and prosecuted against such each Guarantor whether or not action is brought against any other guarantorGuarantor, any other party guarantor or any Borrower other party and whether or not any other guarantorGuarantor, any other party guarantor or any Borrower other party be joined in any such action or actions. Each Guarantor waives, to the fullest extent permitted by applicable law, the benefit benefits of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the Borrower Guarantors or other circumstance which operates to toll any statute of limitations as to the Borrower Guarantors shall operate to toll the statute of limitations as to the Guarantorseach Guarantor.
Appears in 2 contracts
Samples: Secured Debtor in Possession Credit Agreement, Secured Debtor in Possession Credit Agreement
Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor, any other guarantor, any other party or any Borrowerthe Company, and a separate action or actions may be brought and prosecuted against such each Guarantor whether or not action is brought against any other Guarantor, any other guarantor, any other party or any Borrower the Company and whether or not any other guarantor, any other party or any Borrower be the Company is joined in any such action or actions. Each Guarantor 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 Company or other circumstance which operates to toll any statute of limitations as to the Borrower Company shall operate to toll the statute of limitations as to the Guarantorsany Guarantor.
Appears in 2 contracts
Samples: Credit Agreement (Superior Telecom Inc), Revolving Credit Agreement (Superior Telecom Inc)
Independent Obligation. The obligations of each Parent Guarantor hereunder are independent of the obligations of any other Guarantorguarantor, any other party or any the Borrower, and a separate action or actions may be brought and prosecuted against such Parent Guarantor whether or not action is brought against any other guarantor, any other party or any the Borrower and whether or not any other guarantor, any other party or any the Borrower be joined in any such action or actions. Each Parent Guarantor 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 the Guarantorssuch Parent Guarantor.
Appears in 1 contract
Samples: Credit Agreement (Howmet Corp /New/)
Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantorguarantor, any other party or any Borrowerthe Company, and a separate action or actions may be brought and prosecuted against such each Guarantor whether or not action is brought against any other guarantor, any other party or any Borrower the Company and whether or not any other guarantor, any other party or any Borrower the Company be joined in any such action or actions. Each Guarantor 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 Company or other circumstance which operates to toll any statute of limitations as to the Borrower Company shall operate to toll the statute of limitations as to the Guarantorseach Guarantor.
Appears in 1 contract
Samples: Unit Purchase Agreement (GPPW Inc)
Independent Obligation. The obligations of each Guarantor of the Guarantors hereunder are independent of the obligations of any other Guarantor, any guarantor or the other party or any BorrowerCredit Parties, and a separate action or actions may be brought and prosecuted against such Guarantor any of the Credit Parties whether or not action is brought against any other guarantor, any guarantor or the other party or any Borrower Credit Parties and whether or not any other guarantor, any guarantor or the other party or any Borrower Credit Parties be joined in any such action or actions. Each Guarantor of the Guarantors 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 other Credit Parties or other circumstance which operates to toll any statute of limitations as to the Borrower shall other Credit Parties shall, to the fullest extent permitted by law, operate to toll the statute of limitations as to the GuarantorsCredit Parties.
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Independent Obligation. The obligations of each Parent Guarantor hereunder are independent of the obligations of any other Guarantorguarantor, any other party or any Borrowerthe Borrowers, and a separate action or actions may be brought and prosecuted against such Parent Guarantor whether or not action is brought against any other guarantor, any other party or any Borrower the Borrowers and whether or not any other guarantor, any other party or any Borrower the Borrowers be joined in any such action or actions. Each Parent Guarantor 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 any Borrowers or other circumstance which operates to toll any statute of limitations as to the Borrower any Borrowers shall operate to toll the statute of limitations as to the GuarantorsParent Guarantor.
Appears in 1 contract
Samples: Credit Agreement (Keane Group, Inc.)
Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantorguarantor, any other party or any Borrower, and a separate action or actions may be brought and prosecuted against such Guarantor one or both Guarantors whether or not action is brought against any other guarantor, any other party or any Borrower and whether or not any other guarantor, any other party or any Borrower be is joined in any such action or actions. Each Guarantor waives, to the fullest extent permitted by lawLaw, 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 that operates to toll any statute of limitations as to the such Borrower shall operate to toll the statute of limitations as to the Guarantors.each Guarantor’s obligations under this Article XV. 128 Prologis, L.P. Term Loan Agreement
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Independent Obligation. The obligations of each the Corporate Guarantor hereunder are independent of the obligations of any other Guarantorguarantor, any other party or any the Borrower, and a separate action or actions may be brought and prosecuted against such the Corporate Guarantor whether or not action is brought against any other guarantor, any other party or any the Borrower and whether or not any other guarantor, any other party or any the Borrower be joined in any such action or actions. Each The Corporate Guarantor 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 the GuarantorsCorporate Guarantor.
Appears in 1 contract
Independent Obligation. The obligations of each the Guarantor hereunder are independent of the obligations of any other Guarantorguarantor, any other party or any the Borrower, and a separate action or actions may be brought and prosecuted against such the Guarantor whether or not action is brought against any other guarantor, any other party or any the Borrower and whether or not any other guarantor, any other party or any either of the Borrower be joined in any such action or actions. Each The Guarantor 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 the GuarantorsGuarantor.
Appears in 1 contract
Samples: Credit Agreement (Pine Holdings Inc)
Independent Obligation. The obligations of each the Parent Guarantor hereunder are independent of the obligations of any other Guarantorguarantor, any other party or any the Borrower, and a separate action or actions may be brought and prosecuted against such the Parent Guarantor whether or not action is brought against any other guarantor, any other party or any the Borrower and whether or not any other guarantor, any other party or any the Borrower be joined in any such action or actions. Each The Parent Guarantor 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 shall, to the fullest extent permitted by law, operate to toll the statute of limitations as to the GuarantorsParent Guarantor.
Appears in 1 contract
Samples: Credit Agreement (Acg Holdings Inc)
Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantorguarantor, any other party or any Borrower, and a separate action or actions may be brought and prosecuted against such Guarantor one or both Guarantors whether or not action is brought against any other guarantor, any other party or any Borrower and whether or not any other guarantor, any other party or any Borrower be is joined in any such action or actions. Each Guarantor waives, to the fullest extent permitted by lawLaw, 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 that operates to toll any statute of limitations as to the such Borrower shall operate to toll the statute of limitations as to the Guarantorseach Guarantor’s obligations under this Article XV.
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Independent Obligation. The obligations of each Payment Guarantor hereunder are independent of the obligations of any other Guarantorguarantor, any other party or any the Borrower, and a separate action or actions may be brought and prosecuted against such Payment Guarantor whether or not action is brought against any other guarantor, any other party or any the Borrower and whether or not any other guarantor, any other party or any the Borrower be joined in any such action or actions. Each Payment Guarantor 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 the GuarantorsPayment Guarantor.
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Independent Obligation. The obligations of each ---------------------- Guarantor hereunder are independent of the obligations of any other Guarantorguarantor, any other party or any Borrowerthe Borrowers, and a separate action or actions may be brought and prosecuted against such Guarantor whether or not action is brought against any other guarantor, any other party or any a Borrower and whether or not any other guarantor, any other party or any either Borrower be joined in any such action or actions. Each Guarantor 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 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 the Guarantorsany Guarantor.
Appears in 1 contract
Samples: Credit Agreement (Ocih LLC)
Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantorguarantor, any other party or any Borrower, and a separate action or actions may be brought and prosecuted against such Guarantor one or both Guarantors whether or not action is brought against any other guarantor, any other party or any Borrower and whether or not any other guarantor, any other party or any Borrower be is joined in any such action or actions. Each Guarantor waives, to the fullest extent permitted by lawLaw, 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 that operates to toll any statute of limitations as to the such Borrower shall operate to toll the statute of limitations as to the Guarantorseach Guarantor’s obligations under this Article XII.
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