Common use of Joint and Several Liability, Etc Clause in Contracts

Joint and Several Liability, Etc. The Borrowers shall be jointly and severally liable for the payment and performance of the Obligations. The Lender may, without notice to or consent of any of the Borrowers and with or without consideration, release, discharge, compromise or settle with, waive, grant indulgences to, proceed against or otherwise deal with, any of the Borrowers without in any way affecting, limiting, modifying, discharging or releasing any of the obligations and liabilities under this Agreement or any other Financing Documents of the other Borrowers. Each of the Borrowers consents and agrees that (a) the Lender shall be under no obligation to xxxxxxxx any assets in favor of such Borrower or against or in payment of any or all of the obligations and liabilities of such Borrower under this Agreement or any of the other Financing Documents, (b) any rights such Borrower may have against the other Borrowers for contribution, exoneration from payment or otherwise, in respect of any amounts paid by such Borrower pursuant to any of the Financing Documents or which continue to be owing pursuant to any of the Financing Documents, shall be postponed until the Obligations have been indefeasibly paid in full and no commitments therefor are outstanding and (c) the Lender may enforce and collect the obligations and liabilities of such Borrower hereunder or under the other Financing Documents irrespective of any attempt, pursuit, enforcement or exhaustion of any rights and remedies the Lender may at any time have to collect the obligations and liabilities hereunder or under the other Financing Documents of the other Borrowers.

Joint and Several Liability, Etc. The Borrowers shall be jointly and severally liable for the payment and performance of the Obligations. The Lender Agent and the Lenders may, without notice to or consent of any of the Borrowers and with or without consideration, release, discharge, compromise or settle with, waive, grant indulgences to, proceed against or otherwise deal with, any of the Borrowers without in any way affecting, limiting, modifying, discharging or releasing any of the obligations and liabilities under this Agreement or any other Financing Loan Documents of the other Borrowers. Each of the Borrowers consents and agrees that (a) the Lender Agent shall be under no obligation to xxxxxxxx any assets in favor of such Borrower or against or in payment of any or all of the obligations and liabilities of such Borrower under this Agreement or any of the other Financing Loan Documents, (b) any rights such Borrower may have against the other Borrowers for contribution, exoneration from payment or otherwise, in respect of any amounts paid by such Borrower pursuant to any of the Financing Loan Documents or which continue to be owing pursuant to any of the Financing Loan Documents, shall be postponed until the Obligations have been indefeasibly paid in full and no commitments therefor are outstanding and (c) the Lender Agent or the Lenders, as applicable, may enforce and collect the obligations and liabilities of such Borrower hereunder or under the other Financing Loan Documents irrespective of any attempt, pursuit, enforcement or exhaustion of any rights and remedies the Lender Agent or the Lenders may at any time have to collect the obligations and liabilities hereunder or under the other Financing Loan Documents of the other Borrowers.

Joint and Several Liability, Etc. The Each of the Borrowers shall be jointly and severally liable for the payment and performance of the Obligations. The Lender Agent may, except as otherwise expressly provided in this Agreement, without notice to or consent of any of the Borrowers and with or without consideration, release, discharge, compromise or settle with, waive, grant indulgences to, proceed against or otherwise deal with, any of the Borrowers without in any way affecting, limiting, modifying, discharging or releasing any of the obligations and liabilities under this Agreement or any the other Financing Operative Documents of the any other Borrowers. Each of the Borrowers Borrower consents and agrees that (a) the Lender Agent shall not be under no any obligation to xxxxxxxx marshall any assets in favor of such Borrower or against or in payment of any paymexx xx xxy or all of the obligations and liabilities of such Borrower under this Agreement or any of the other Financing DocumentsOperative Document, (b) any rights such Borrower may have against the any other Borrowers for contribution, exoneration from payment or otherwise, in respect of any amounts paid by such Borrower pursuant to any of the Financing Operative Documents or which continue to be owing pursuant to any of the Financing Operative Documents, shall be postponed until the Obligations have been indefeasibly paid in full and no commitments Commitments therefor are outstanding and (c) the Lender Agent may enforce and collect the obligations and liabilities of such Borrower hereunder or under the other Financing Operative Documents irrespective of any attempt, pursuit, enforcement or exhaustion of any rights and remedies the Lender may at any time have to collect the obligations and liabilities hereunder or under the other Financing Operative Documents of the any other Borrowers.Borrower. [SIGNATURES BEGIN NEXT PAGE]

Joint and Several Liability, Etc. The Borrowers shall be jointly and severally liable for the payment and performance of the Obligations. The Lender Agent and the Lenders may, without notice to or consent of any of the Borrowers and with or without consideration, release, discharge, compromise or settle with, waive, grant indulgences to, proceed against or otherwise deal with, any of the Borrowers or any collateral for any of the Obligations without in any way affecting, limiting, modifying, discharging or releasing any of the obligations and liabilities under this Agreement or any other Financing Loan Documents of the other Borrowers. Each of the Borrowers consents and agrees that (a) the Lender Agent shall be under no obligation to xxxxxxxx any assets in favor of such Borrower or against or in payment of any or all of the obligations and liabilities of such Borrower under this Agreement or any of the other Financing Loan Documents, (b) any rights such Borrower may have against the other Borrowers for contribution, exoneration from payment or otherwise, in respect of any amounts paid by such Borrower pursuant to any of the Financing Loan Documents or which continue to be owing pursuant to any of the Financing Loan Documents, shall be postponed until the Obligations have been indefeasibly paid in full and no commitments therefor are outstanding and (c) the Lender Agent or the Lenders, as applicable, may enforce and collect the obligations and liabilities of such Borrower hereunder or under the other Financing Loan Documents irrespective of any attempt, pursuit, enforcement or exhaustion of any rights and remedies the Lender Agent or the Lenders may at any time have to collect the obligations and liabilities hereunder or under the other Financing Loan Documents of the other Borrowers.

Joint and Several Liability, Etc. The Each of the Borrowers shall be jointly and severally liable for the payment and performance of the Obligations. The Lender may, without notice to or consent of any of the Borrowers and with or without consideration, release, discharge, compromise or settle with, waive, grant indulgences to, proceed against or otherwise deal with, any of the Borrowers without in any way affecting, limiting, modifying, discharging or releasing any of the obligations and liabilities under this Agreement or any the other Financing Loan Documents of the any other Borrowers. Each of the Borrowers Borrower consents and agrees that (a) the Lender shall not be under no any obligation to xxxxxxxx any assets in favor of such Borrower or against or in payment of any or all of the obligations and liabilities of such Borrower under this Agreement or any of the other Financing Loan Documents, (b) any rights such <PAGE> Borrower may have against the any other Borrowers for contribution, exoneration from payment or otherwise, in respect of any amounts paid by such Borrower pursuant to any of the Financing Loan Documents or which continue to be owing pursuant to any of the Financing Loan Documents, shall be postponed until the Obligations have been indefeasibly paid in full and no commitments therefor are outstanding and (c) the Lender may enforce and collect the obligations and liabilities of such Borrower hereunder or under the other Financing Loan Documents irrespective of any attempt, pursuit, enforcement or exhaustion of any rights and remedies the Lender may at any time have to collect the obligations and liabilities hereunder or under the other Financing Loan Documents of the any other Borrowers.

Joint and Several Liability, Etc. The Borrowers Each of the entities comprising the Borrower shall be jointly and severally liable for the payment and performance of the Obligations. The Lender may, without notice to or consent of any of the Borrowers such entities and with or without consideration, release, discharge, compromise or settle with, waive, grant indulgences to, proceed against or otherwise deal with, any of the Borrowers such party without in any way affecting, limiting, modifying, discharging or releasing any of the obligations and liabilities under this Agreement or any other Financing Documents of the other Borrowersparties comprising the Borrower. Each of the Borrowers The Borrower consents and agrees that (a) the Lender shall be under no obligation to xxxxxxxx any assets in favor of such Borrower party or against or in payment of any or all of the obligations and liabilities of such Borrower party under this Agreement or any of the other Financing Documents, (b) any rights such Borrower party may have against the other Borrowers Borrower for contribution, exoneration from payment or otherwise, in respect of any amounts paid by such Borrower party pursuant to any of the Financing Documents or which continue to be owing pursuant to any of the Financing Documents, shall be postponed until the Obligations have been indefeasibly paid in full and no commitments therefor are outstanding and (c) the Lender may enforce and collect the obligations and liabilities of such Borrower party hereunder or under the other Financing Documents irrespective of any attempt, pursuit, enforcement or exhaustion of any rights and remedies the Lender may at any time have to collect the obligations and liabilities hereunder or under the other Financing Documents of the other Borrowersparties comprising the Borrower.

Joint and Several Liability, Etc. The Each of the Borrowers shall be jointly and severally liable for the payment and performance of the Obligations. The Lender may, without notice to or consent of any of the Borrowers and with or without consideration, release, discharge, compromise or settle with, waive, grant indulgences to, proceed against or otherwise deal with, any of the Borrowers without in any way affecting, limiting, modifying, discharging or releasing any of the obligations and liabilities under this Agreement or any the other Financing Loan Documents of the any other Borrowers. Each of the Borrowers Borrower consents and agrees that (a) the Lender shall not be under no any obligation to xxxxxxxx any assets in favor of such Borrower or against or in payment of any or all of the obligations and liabilities of such Borrower under this Agreement or any of the other Financing Loan Documents, (b) any rights such Borrower may have against the any other Borrowers for contribution, exoneration from payment or otherwise, in respect of any amounts paid by such Borrower pursuant to any of the Financing Loan Documents or which continue to be owing pursuant to any of the Financing Loan Documents, shall be postponed until the Obligations have been indefeasibly paid in full and no commitments therefor are outstanding and (c) the Lender may enforce and collect the obligations and liabilities of such Borrower hereunder or under the other Financing Loan Documents irrespective of any attempt, pursuit, enforcement or exhaustion of any rights and remedies the Lender may at any time have to collect the obligations and liabilities hereunder or under the other Financing Loan Documents of the any other Borrowers.

Joint and Several Liability, Etc. The Each of the Borrowers shall be jointly and severally liable for the payment and performance of the Obligations. The Lender DIP Lenders may, without notice to or consent of any of the Borrowers and with or without consideration, release, discharge, compromise or settle with, waive, grant indulgences to, proceed against or otherwise deal with, any of the Borrowers and any DIP Collateral given by such Borrower without in any way affecting, limiting, modifying, discharging or releasing any of the obligations and liabilities under this Agreement or any the other Financing DIP Loan Documents of the any other Borrowers. Each of the Borrowers Borrower consents and agrees that (a) none of the Lender DIP Agents or the DIP Lenders shall be under no any obligation to xxxxxxxx any marsxxxx xxx assets in favor of such Borrower or against or in payment of any or all of the obligations and liabilities of such Borrower under this Agreement or any of the other Financing DIP Loan Documents, (b) any rights such Borrower may have against the any other Borrowers for contribution, exoneration from payment or otherwise, in respect of any amounts paid by such Borrower pursuant to any of the Financing DIP Loan Documents or which continue to be owing pursuant to any of the Financing Documents, shall be postponed until the Obligations have been indefeasibly paid in full and no commitments therefor are outstanding and (c) the Lender DIP Agents and the DIP Lenders may enforce and collect the obligations and liabilities of such Borrower hereunder or under the other Financing Documents irrespective of any attempt, pursuit, enforcement or exhaustion of any rights and remedies the Lender DIP Lenders may at any time have to collect the obligations and liabilities hereunder or under the other Financing DIP Loan Documents of the any other Borrowers.

Joint and Several Liability, Etc. The Borrowers shall be jointly and severally liable for the payment and performance of the Obligations. The Lender Bank may, without notice to or consent of any of the Borrowers and with or without consideration, release, discharge, compromise or settle with, waive, grant indulgences to, proceed against or otherwise deal with, any of the Borrowers and any Collateral given by such Borrower without in any way affecting, limiting, modifying, discharging or releasing any of the obligations and liabilities under this Agreement or any the other Financing Documents of the other Borrowers. Each of the Borrowers consents and agrees that (a) the Lender Bank shall be under no obligation to xxxxxxxx any assets in favor of such Borrower or against or in payment of any or all of the obligations and liabilities of such Borrower under this Agreement or any of the other Financing Documents, (b) any rights such Borrower may have against the other Borrowers for contribution, exoneration from payment or otherwise, in respect of any amounts paid by such Borrower pursuant to any of the Financing Documents or which continue to be owing pursuant to any of the Financing Documents, shall be postponed until the Obligations have been indefeasibly paid in full and no commitments therefor are outstanding and (c) the Lender Bank may enforce and collect the obligations and liabilities of such Borrower hereunder or under the other Financing Documents irrespective of any attempt, pursuit, enforcement or exhaustion of any rights and remedies the Lender Bank may at any time have to collect the obligations and liabilities hereunder or under the other Financing Documents of the other Borrowers.