Nature of a Finance Party’s rights and obligations. Unless all the Finance Parties agree otherwise:
(a) the obligations of a Finance Party under the Finance Documents are several;
(b) failure by a Finance Party to perform its obligations does not affect the obligations of any other Party under the Finance Documents;
(c) no Finance Party is responsible for the obligations of any other Finance Party under the Finance Documents;
(d) the rights of a Finance Party under the Finance Documents are separate and independent rights;
(e) a Finance Party may, except as otherwise stated in the Finance Documents, separately enforce those rights; and
(f) a debt arising under the Finance Documents to a Finance Party is a separate and independent debt.
Nature of a Finance Party’s rights and obligations. (a) The obligations of a Finance Party under the Finance Documents are several. Failure of a Finance Party to carry out those obligations does not relieve any other Party of its obligations under the Finance Documents. No Finance Party is responsible for the obligations of any other Finance Party under the Finance Documents.
(b) The rights of a Finance Party under the Finance Documents are divided rights. A Finance Party may, except as otherwise stated in the Finance Documents, separately enforce those rights.
Nature of a Finance Party’s rights and obligations. (a) The obligations of a Finance Party under the Finance Documents are several. Failure of a Finance Party to carry out those obligations does not relieve any other Party of its obligations under the Finance Documents. No Finance Party is responsible for the obligations of any other Finance Party under the Finance Documents.
(b) The rights of a Finance Party under the Finance Documents are divided rights. A Finance Party may, except as otherwise stated in the Finance Documents, separately enforce those rights.
(c) Each of the Obligors and each of the Finance Parties agrees that the Security Agent shall be the joint and several creditor (hoofdelijk crediteur) of each and every obligation of any Obligor towards each of the Finance Parties under any Finance Document, and that accordingly the Security Agent will have its own independent claim as creditor and not as agent against each Obligor to demand performance by the relevant Obligor of those obligations. However, any discharge of any such obligation to either of the Security Agent or the relevant Finance Party shall, to the same extent, discharge the corresponding obligation owing to the other.
(d) Without limiting or affecting the Security Agent’s rights against any Obligor (whether under this paragraph or under any other provision of the Finance Documents), the Security Agent agrees with each other Finance Party (on a several and divided basis) that, subject as set out in the next sentence, it will not exercise its rights as a joint and several creditor with a Finance Party except with the prior written consent of the relevant Finance Party. However, for the avoidance of doubt, nothing in the previous sentence shall in any way limit the Agent’s right to act in the protection or preservation of rights under or to enforce any Security Document or the Security Deed as contemplated by the Finance Documents (or to do any act reasonably incidental to any of the foregoing).
Nature of a Finance Party’s rights and obligations. (a) Unless otherwise agreed in writing by all the Finance Parties:
(i) the obligations of a Finance Party under the Finance Documents are several;
(ii) failure by a Finance Party to perform its obligations does not affect the obligations of any other Party under the Finance Documents;
(iii) no Finance Party is responsible for the obligations of any other Finance Party under the Finance Documents;
(iv) the rights of a Finance Party under the Finance Documents are separate and independent rights;
(v) a Finance Party may, except as otherwise stated in the Finance Documents, separately enforce those rights; and
(vi) a debt arising under the Finance Documents to a Finance Party is a separate and independent debt.
(b) If at any time a Finance Party fails to pay when due its share of any Loan amount when required to do so, the Mandated Lead Arranger agrees that it shall consult with the Owner for a reasonable period of time and act in good faith to assist the Owner in resolving the matter, but at all times without any liability on the part of the Mandated Lead Arranger.
(c) Each Swap Bank is a Party to this Agreement only in order to take the benefit of the rights given to the Finance Parties by this Agreement.
Nature of a Finance Party’s rights and obligations. Unless all the Finance Parties agree otherwise:
(a) the obligations of a Finance Party under the Bridge Finance Documents are several;
(b) failure by a Finance Party to perform its obligations does not affect the obligations of any other Party under the Bridge Finance Documents;
(c) no Finance Party is responsible for the obligations of any other Finance Party under the Bridge Finance Documents;
(d) the rights of a Finance Party under the Bridge Finance Documents are separate and independent rights and any debt arising under the Bridge Finance Documents to a Finance Party from an Obligor is a separate and independent debt in respect of which a Finance Party shall be entitled to enforce its rights in accordance with paragraph (e) below. The rights of each Finance Party include any debt owing to that Finance Party under the Bridge Finance Documents and, for the avoidance of doubt, any part of the Notes or any other amount owed by an Obligor which relates to a Finance Party’s holding of the Notes or its role under a Bridge Finance Document (including any such amount payable to the Trustee on its behalf) is a debt owing to that Finance Party by that Obligor; and
(e) a Finance Party may, except as specifically provided in the Bridge Finance Documents, separately enforce its rights under or in connection with the Bridge Finance Documents.
Nature of a Finance Party’s rights and obligations. 2.2.1 The obligations of a Finance Party under the Finance Documents are several ("conjointes et non solidaires"). Failure of a Finance Party to carry out those obligations does not relieve any other Party of its obligations under the Finance Documents. No Finance Party is responsible for the obligations of any other Finance Party under the Finance Documents.
2.2.2 The rights of each Finance Party under or in connection with the Finance Documents are separate and independent rights and any debt arising under the Finance Documents to a Finance Party from the Borrowers is a separate and independent debt in respect of which a Finance Party shall be entitled to enforce its rights in accordance with paragraph 2.2.3
Nature of a Finance Party’s rights and obligations. (A) The obligations of a Finance Party under the Finance Documents are several. Failure by a Finance Party to carry out those obligations does not relieve any other Party of its obligations under the Finance Documents. No Finance Party is responsible for the obligations of any other Finance Party under the Finance Documents.
(B) The rights of a Finance Party under the Finance Documents are divided rights. A Finance Party may, except as otherwise stated in the Finance Documents, separately enforce those rights.
Nature of a Finance Party’s rights and obligations. Unless all the Finance Parties agree otherwise:
(a) the obligations of a Finance Party under the Finance Documents are several;
Nature of a Finance Party’s rights and obligations. 2.5.1 The obligations of a Finance Party under the Finance Documents are several. Failure of a Finance Party to carry out those obligations does not relieve any other Party of its obligations under the Finance Documents. No Finance Party is responsible for the obligations of any other Finance Party under the Finance Documents.
2.5.2 The rights of a Finance Party under the Finance Documents are divided rights and any debt arising under the Finance Documents to a Finance Party from an Obligor shall be a separate and independent debt. A Finance Party may, except as otherwise stated in the Finance Documents, separately enforce those rights.
Nature of a Finance Party’s rights and obligations. (a) No Lender is obliged to participate in the making of any Utilisation (i) in the case of a Tranche A Advance, if the aggregate Original Euro Amount of its participation in such Tranche A Advance would exceed its Tranche A Commitment, or (ii) in the case of a Tranche D Utilisation, if to do so would cause the aggregate of the Original Euro Amount of its participation in the Tranche D Utilisations outstanding under this Agreement at such time to exceed its Tranche D Commitment, provided that for the purpose of this Clause 2.3(a) its participation in an outstanding Documentary Credit issued under the Tranche D Facility by the LC Bank shall be its maximum potential liability under Clause 5.7 in respect of or participation in such Documentary Credit, or (iii) in the case of a Tranche E Advance if the aggregate Original Euro Amount of its participation in the Tranche E Advances would exceed its Tranche E Commitment, or (iv) in the case of a Tranche B Advance if the aggregate amount of its participation in all of the Tranche B Advances would exceed its Tranche B Commitment.
(b) The obligations of a Finance Party under the Finance Documents are several. Failure of a Finance Party to carry out those obligations does not relieve any other Party of its obligations under the Finance Documents. No Finance Party is responsible for the obligations of any other Finance Party under the Finance Documents.
(i) The obligations of each Lender under this Agreement in respect of each Advance to be made available by it under this Agreement may be discharged by such Lender procuring that an Affiliate (which is itself a party to this Agreement and which is named in Schedule 2 (or, as the case may be, the assignment or transfer document or Transfer Agreement by which such Lender (and Affiliate) became a party hereto) as being the lender of any Advance to be made to any Borrower incorporated in a jurisdiction specified opposite the name of such Affiliate in Schedule 2 (or in any such transfer or assignment document or Transfer Agreement)), of such Lender lends or otherwise makes available to the relevant Borrower in accordance with and subject to the terms of this Agreement the amount which such Lender is otherwise obliged to lend or so make available hereunder.
(ii) The provisions of Clauses 10, 12, 13, 14, 15, 16, 17, 18, 27 and 33 shall apply to any Affiliate of any Lender which is named in Schedule 2 (or, as the case may be, such assignment or transfer document or Transfer Agr...
