Common use of Joint and Several Obligation; Independent Obligation Clause in Contracts

Joint and Several Obligation; Independent Obligation. Each Guarantor is directly, jointly and severally with all other guarantors of the Guaranteed Obligations or any portion thereof, liable to the Guaranteed Parties. The obligations of each Guarantor hereunder are direct and primary and are independent of the obligations of the Company or any other such guarantor, and a separate action may be brought against each Guarantor irrespective of whether an action is brought against the Company or any other such other guarantor or whether the Company or any such other guarantor is joined in such action. Each Guarantor's liability hereunder shall not be contingent upon the exercise or enforcement by the Guaranteed Parties of any remedies they may have against the Company or any other guarantor or the enforcement of any Lien or realization upon any security the Guaranteed Parties may at any time possess. Any release that may be given by the Guaranteed Parties to the Company or any other guarantor shall not release any Guarantor hereunder unless such release expressly so provides.

Appears in 4 contracts

Samples: Credit Agreement (Granite Construction Inc), Assignment and Assumption Agreement (Granite Construction Inc), Continuing Guaranty Agreement (Granite Construction Inc)

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Joint and Several Obligation; Independent Obligation. Each Guarantor is directly, jointly and severally with all other guarantors of the Guaranteed Obligations or any portion thereof, liable to the Guaranteed Parties. The obligations of each Guarantor hereunder are direct and primary and are independent of the obligations of the Company or any other such guarantor, and a separate action may be brought against each Guarantor irrespective of whether an action is brought against the Company or any other such other guarantor or whether the Company or any such other guarantor is joined in such action. Each Guarantor's ’s liability hereunder shall not be contingent upon the exercise or enforcement by the Guaranteed Parties of any remedies they may have against the Company or any other guarantor or the enforcement of any Lien or realization upon any security the Guaranteed Parties may at any time possess. Any release that may be given by the Guaranteed Parties to the Company or any other guarantor shall not release any Guarantor hereunder unless such release expressly so provides.

Appears in 4 contracts

Samples: Assignment and Assumption Agreement (Arthrocare Corp), Assignment and Assumption Agreement (Arthrocare Corp), Assignment and Assumption Agreement (Arthrocare Corp)

Joint and Several Obligation; Independent Obligation. Each Guarantor is directly, jointly jointly, and severally with all other guarantors of the Guaranteed Obligations or any portion thereof, liable to the Guaranteed PartiesParty. The obligations of each Guarantor hereunder are direct and primary and are independent of the obligations of the Company Debtor or any other such guarantor, and a separate action may be brought against each such Guarantor irrespective of whether an action is brought against the Company Debtor or any other such other guarantor or whether the Company Debtor or any such other guarantor is joined in such action. Each Guarantor's liability hereunder shall not be contingent upon the exercise or enforcement by the Guaranteed Parties Party of any remedies they it may have against the Company Debtor or any other guarantor or the enforcement of any Lien lien or realization upon any security the Guaranteed Parties Party may at any time possess. Any release that may be given by the Guaranteed Parties Party to the Company Debtor or any other guarantor shall not release any Guarantor hereunder unless such release expressly so providesGuarantor.

Appears in 3 contracts

Samples: Practicexpert Inc, Practicexpert Inc, Practicexpert Inc

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Joint and Several Obligation; Independent Obligation. Each Guarantor is directly, jointly jointly, and severally with all other guarantors of the Guaranteed Obligations or any portion thereof, liable to the Guaranteed PartiesParty. The obligations of each Guarantor hereunder are direct and primary and are independent of the obligations of the Company Borrower or any other such guarantor, and a separate action may be brought against each Guarantor irrespective of whether an action is brought against the Company Borrower or any other such other guarantor or whether the Company Borrower or any such other guarantor is joined in such action. Each Guarantor's ’s liability hereunder shall not be contingent upon the exercise or enforcement by the Guaranteed Parties Party of any remedies they it may have against the Company Borrower or any other guarantor or the enforcement of any Lien or realization upon any security the Guaranteed Parties Party may at any time possess. Any release that may be given by the Guaranteed Parties Party to the Company Borrower or any other guarantor shall not release any Guarantor hereunder unless such release expressly so providesGuarantor.

Appears in 1 contract

Samples: Guaranty Agreement (Tri-S Security Corp)

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