Common use of Nature of Liability Clause in Contracts

Nature of Liability. The liability of Holdings hereunder is exclusive and independent of any security for or other guaranty of the indebtedness of the Borrower whether executed by Holdings, any other guarantor or by any other party, and the liability of Holdings hereunder shall not be affected or impaired by (a) any direction as to application of payment by the Borrower or by any other party, or (b) any other continuing or other guaranty, undertaking or maximum liability of a guarantor or of any other party as to the indebtedness of the Borrower, or (c) any payment on or in reduction of any such other guaranty or undertaking, or (d) any dissolution, termination or increase, decrease or change in personnel by the Borrower, or (e) any payment made to any Guaranteed Creditor on the indebtedness which such Guaranteed Creditor repays to the Borrower pursuant to court order in any bankruptcy, reorganization, arrangement, moratorium or other debtor relief proceeding, and Holdings waives any right to the deferral or modification of its obligations hereunder by reason of any such proceeding.

Appears in 2 contracts

Samples: Credit Agreement (Consolidated Container Co LLC), Security Agreement (Vestar Capital Partners Iv Lp)

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Nature of Liability. The liability of Holdings VHS Holdco I hereunder is exclusive and independent of any security for or other guaranty of the indebtedness of the Borrower Obligations whether executed by HoldingsVHS Holdco I, any other guarantor or by any other party, and the liability of Holdings VHS Holdco I hereunder shall is not be affected or impaired by (a) any direction as to application of payment by the Borrower or by any other party, or (b) any other continuing or other guaranty, undertaking or maximum liability of a guarantor or of any other party as to the indebtedness of the BorrowerObligations, or (c) any payment on or in reduction of any such other guaranty or undertaking, or (d) any dissolution, termination or increase, decrease or change in personnel by the Borrower, or (e) any payment made to any the Guaranteed Creditor Creditors on the indebtedness Obligations which any such Guaranteed Creditor repays to the Borrower pursuant to court order in any bankruptcy, reorganization, arrangement, moratorium or other debtor relief proceeding, and Holdings VHS Holdco I waives any right to the deferral or modification of its respective obligations hereunder by reason of any such proceeding.

Appears in 2 contracts

Samples: Credit Agreement (Vanguard Health Systems Inc), Credit Agreement (Vanguard Health Systems Inc)

Nature of Liability. The liability of Holdings hereunder is exclusive and independent of any security for or other guaranty of the indebtedness of the Borrower whether executed by Holdings, any other guarantor or by any other party, and the liability of Holdings hereunder shall not be affected or impaired by (a) any direction as to application of payment by the Borrower or by any other party, or (b) any other continuing or other guaranty, undertaking or maximum liability of a guarantor or of any other party as to the indebtedness of the Borrower, or (c) any payment on or in reduction of any such other guaranty or undertaking, or (d) any dissolution, termination or increase, decrease or change in personnel by the Borrower, or (e) any payment made to any Guaranteed Creditor the Agents or the Banks on the indebtedness which the Agents or such Guaranteed Creditor repays to Banks repay the Borrower pursuant to court order in any bankruptcy, reorganization, arrangement, moratorium or other debtor relief proceeding, and Holdings waives any right to the deferral or modification of its obligations hereunder by reason of any such proceeding.

Appears in 2 contracts

Samples: Security Agreement (Firstlink Communications Inc), Credit Agreement (Golden Sky Systems Inc)

Nature of Liability. The liability of Holdings each Guarantor hereunder is exclusive and independent of any security for or other guaranty of the indebtedness of the any Borrower whether executed by Holdingssuch Guarantor, any other guarantor or by any other party, and the such Guarantor’s liability of Holdings hereunder shall not be affected or impaired by (a) any direction as to application of payment by the any Borrower or by any other party, or (b) any other continuing or other guaranty, undertaking or maximum liability of a guarantor or of any other party as to the indebtedness of the any Borrower, or (c) any payment on or in reduction of any such other guaranty or undertaking, or (d) any dissolution, termination or increase, decrease or change in personnel by the any Borrower, or (e) any payment made to any Guaranteed Creditor the Lender on the indebtedness Obligations which such Guaranteed Creditor the Lender repays to the any Borrower pursuant to court order in any bankruptcy, reorganization, arrangement, moratorium or other debtor relief proceeding, and Holdings each Guarantor waives any right to the deferral or modification of its obligations hereunder by reason of any such proceeding.

Appears in 1 contract

Samples: Term Loan Agreement (Everlast Worldwide Inc)

Nature of Liability. The liability of Holdings hereunder is exclusive and independent of any security for or other guaranty of the indebtedness of the Borrower Guaranteed Obligations whether executed by Holdings, any other guarantor or by any other party, and the liability of Holdings hereunder shall is not be affected or impaired by (a) any direction as to application of payment by the Borrower or by any other party, or (b) any other continuing or other guaranty, undertaking or maximum liability of or a guarantor or of any other party as to the indebtedness of the BorrowerGuaranteed Obligations, or (c) any payment on or in reduction of any such other guaranty or undertaking, or (d) any dissolution, termination or increase, decrease or change in personnel by the Borrower, or (e) any payment made to any the Guaranteed Creditor Creditors on the indebtedness Guaranteed Obligations which any such Guaranteed Creditor repays to the Borrower pursuant to court order in any bankruptcy, reorganization, arrangement, moratorium or other debtor relief proceeding, and Holdings waives any right to the deferral or modification of its obligations hereunder by reason of any such proceeding.

Appears in 1 contract

Samples: Credit Agreement (Amtrol Inc /Ri/)

Nature of Liability. The liability of Holdings the Parent hereunder is exclusive and independent of any security for or other guaranty of the indebtedness of the Borrower Guaranteed Obligations whether executed by Holdingsthe Parent, any other guarantor or by any other party, and the liability of Holdings the Parent hereunder shall is not be affected or impaired by (a) any direction as to application of payment by the Borrower or by any other party, or (b) any other continuing or other guaranty, undertaking or maximum liability of a guarantor or of any other party as to the indebtedness of the BorrowerGuaranteed Obligations, or (c) any payment on or in reduction of any such other guaranty or undertaking, or (d) any dissolution, termination or increase, decrease or change in personnel by the Borrower, or (e) any payment made to any Guaranteed Creditor on the indebtedness Guaranteed Obliga tions which any such Guaranteed Creditor repays to the Borrower pursuant to court order in any bankruptcy, reorganization, arrangement, moratorium or other debtor relief proceeding, and Holdings Parent waives any right to the deferral or modification of its obligations hereunder by reason of any such proceeding.

Appears in 1 contract

Samples: Credit Agreement (Stage Stores Inc)

Nature of Liability. The liability of Holdings each Guarantor hereunder is exclusive and independent of any security for or other guaranty Guaranty of the indebtedness of the Borrower Issuer whether executed by Holdingsany such Guarantor, any other guarantor Guarantor or by any other party, and the no Guarantor’s liability of Holdings hereunder shall not be affected or impaired by (a) any direction as to application of payment by the Borrower Issuer or by any other party, or (b) any other continuing or other guarantyGuaranty, undertaking or maximum liability of a guarantor Guarantor or of any other party as to the indebtedness of the BorrowerIssuer, or (c) any payment on or in reduction of any such other guaranty Guaranty or undertaking, or (d) any dissolution, termination or increase, decrease or change in personnel by the BorrowerIssuer, or (e) any payment made to the Administrative Agent, or any Guaranteed Creditor Note Purchasers on the indebtedness which the Administrative Agent, or such Guaranteed Creditor repays to repay the Borrower Issuer pursuant to court order in any bankruptcy, reorganization, arrangement, moratorium or other debtor relief proceeding, or (f) any event or consequence or other aspect of the Case(s) and Holdings each of the Guarantors waives any right to the deferral or modification of its obligations hereunder by reason of any such proceeding.

Appears in 1 contract

Samples: Note Purchase Agreement (Trump Entertainment Resorts Funding Inc)

Nature of Liability. The liability of Holdings VHS Holdco I hereunder is exclusive and independent of any security for or other guaranty of the indebtedness of the Borrower Guaranteed Obligations whether executed by HoldingsVHS Holdco I, any other guarantor or by any other party, and the liability of Holdings VHS Holdco I hereunder shall is not be affected or impaired by (a) any direction as to application of payment by the any Borrower or by any other party, or (b) any other continuing or other guaranty, undertaking or maximum liability of a guarantor or of any other party as to the indebtedness of the BorrowerGuaranteed Obligations, or (c) any payment on or in reduction of any such other guaranty or undertaking, or (d) any dissolution, termination or increase, decrease or change in personnel by the any Borrower, or (e) any payment made to any the Guaranteed Creditor Creditors on the indebtedness Guaranteed Obligations which any such Guaranteed Creditor repays to the any Borrower pursuant to court order in any bankruptcy, reorganization, arrangement, moratorium or other debtor relief proceeding, and Holdings VHS Holdco I waives any right to the deferral or modification of its respective obligations hereunder by reason of any such proceeding.

Appears in 1 contract

Samples: Credit Agreement (VHS of Anaheim Inc)

Nature of Liability. The liability of Holdings each Guarantor hereunder is exclusive and independent of any security for or other guaranty Guaranty of the indebtedness of the Borrower whether executed by Holdingsany such Guarantor, any other guarantor Guarantor or by any other party, and the no Guarantor’s liability of Holdings hereunder shall not be affected or impaired by (a) any direction as to application of payment by the Borrower or by any other party, or (b) any other continuing or other guarantyGuaranty, undertaking or maximum liability of a guarantor Guarantor or of any other party as to the indebtedness of the Borrower, or (c) any payment on or in reduction of any such other guaranty Guaranty or undertaking, or (d) any dissolution, termination or increase, decrease or change in personnel by the Borrower, or (e) any payment made to Administrative Agent, or any Guaranteed Creditor Lenders on the indebtedness which Administrative Agent, or such Guaranteed Creditor repays to repay the Borrower pursuant to court order in any bankruptcy, reorganization, arrangement, moratorium or other debtor relief proceeding, and Holdings each of the Guarantors waives any right to the deferral or modification of its obligations hereunder by reason of any such proceeding.

Appears in 1 contract

Samples: Loan and Security Agreement (Newark Group, Inc)

Nature of Liability. The liability of Holdings hereunder is ------------------- exclusive and independent of any security for or other guaranty of the indebtedness of the Borrower whether executed by Holdings, any other guarantor or by any other party, and the liability of Holdings hereunder shall not be affected or impaired by (a) any direction as to application of payment by the Borrower or by any other party, or (b) any other continuing or other guaranty, undertaking or maximum liability of a guarantor or of any other party as to the indebtedness of the Borrower, or (c) any payment on or in reduction of any such other guaranty or undertaking, or (d) any dissolution, termination or increase, decrease or change in personnel by the Borrower, or (e) any payment made to any Guaranteed Creditor the Agent or the Lenders on the indebtedness which the Agent or such Guaranteed Creditor repays to Banks repay the Borrower pursuant to court order in any bankruptcy, reorganization, arrangement, moratorium or other debtor relief proceeding, and Holdings waives any right to the deferral or modification of its obligations hereunder by reason of any such proceeding.

Appears in 1 contract

Samples: Agreement (Physician Health Corp)

Nature of Liability. The liability of Holdings hereunder is ------------------- exclusive and independent of any security for or other guaranty of the indebtedness of the Borrower whether executed by Holdings, any other guarantor or by any other party, and the liability of Holdings hereunder shall not be affected or impaired by (a) any direction as to application of payment by the Borrower or by any other party, or (b) any other continuing or other guaranty, undertaking or maximum liability of a guarantor or of any other party as to the indebtedness of the Borrower, or (c) any payment on or in reduction of any such other guaranty or undertaking, or (d) any dissolution, termination or increase, decrease or change in personnel by the Borrower, or (e) any payment made to any Guaranteed Creditor the Agent or the Banks on the indebtedness which the Agent or such Guaranteed Creditor repays to Banks repay the Borrower pursuant to court order in any bankruptcy, reorganization, arrangement, moratorium or other debtor relief proceeding, and Holdings waives any right to the deferral or modification of its obligations hereunder by reason of any such proceeding.

Appears in 1 contract

Samples: Credit Agreement (Physician Health Corp)

Nature of Liability. The liability of Holdings GWR hereunder is exclusive and independent of any security for or other guaranty of the indebtedness of the Borrower Borrowers whether executed by HoldingsGWR, any other guarantor or by any other party, and the liability of Holdings GWR hereunder shall not be affected or impaired by (a) any direction as to application of payment by the Borrower Borrowers or by any other party, or (b) any other continuing or other guaranty, undertaking or maximum liability of a guarantor or of any other party as to the indebtedness of the BorrowerBorrowers, or (c) any payment on or in reduction of any such other guaranty or undertaking, or (d) any dissolution, termination or increase, decrease or change in personnel by the BorrowerBorrowers, or (e) any payment made to any Guaranteed Creditor on the indebtedness which such Guaranteed Creditor repays to the Borrower pursuant to court order in any bankruptcy, reorganization, arrangement, moratorium or other debtor relief proceeding, and Holdings GWR waives any right to the deferral or modification of its obligations hereunder by reason of any such proceeding.

Appears in 1 contract

Samples: Credit Agreement (Gleason Corp /De/)

Nature of Liability. The liability of Holdings each Guarantor hereunder is exclusive and independent of any security for or other guaranty of the indebtedness Obligations of the Borrower whether executed by Holdingsany such Guarantor, any other guarantor or by any other party, and the no Guarantor’s liability of Holdings hereunder shall not be affected or impaired by (a) any direction as to application of payment by the Borrower or by any other party, or (b) any other continuing or other guaranty, undertaking or maximum liability of a guarantor or of any other party as to the indebtedness Obligations of the Borrower, or (c) any payment on or in reduction of any such other guaranty or undertaking, or (d) any dissolution, termination or increase, decrease or change in personnel by the Borrower, or (e) any payment made to any Guaranteed Creditor the Lender on the indebtedness Obligations which such Guaranteed Creditor the Lender repays to the Borrower pursuant to court order in any bankruptcy, reorganization, arrangement, moratorium or other debtor relief proceeding, and Holdings each of the Guarantors waives any right to the deferral or modification of its obligations hereunder by reason of any such proceeding.

Appears in 1 contract

Samples: Credit Agreement (Enova International, Inc.)

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Nature of Liability. (a) The liability of Holdings Parent Guarantors hereunder is exclusive and independent of any security for or other guaranty of the indebtedness Obligations of the Borrower whether executed by Holdings, any other guarantor or by any other party, and the liability of Holdings Parent Guarantors hereunder shall not be affected or impaired by (ai) any direction as to application of payment by the Borrower or by any other party, or (bii) any other continuing or other guaranty, undertaking or maximum liability of a guarantor or of any other party as to the indebtedness Obligations of the Borrower, or (ciii) any payment on or in reduction of any such other guaranty or undertaking, or (div) any dissolution, termination or increase, decrease or change in personnel by the Borrower, or (ev) any payment made to any Guaranteed Creditor Lender on the indebtedness Obligations which any such Guaranteed Creditor Lender repays to the Borrower pursuant to court order in any bankruptcy, reorganization, arrangement, moratorium or other debtor relief proceeding, and Holdings waives Parent Guarantors waive any right to the deferral or modification of its obligations hereunder by reason of any such proceeding, or (vi) the lack of validity or enforceability of any Credit Document or any instrument relating thereto.

Appears in 1 contract

Samples: Credit Agreement (Intelsat LTD)

Nature of Liability. The liability of Holdings hereunder Company under this Article XIV is exclusive and independent of any security for or other guaranty of the indebtedness Guaranteed Obligations of the any Borrower whether executed by HoldingsCompany, any other guarantor or by any other party, and the liability of Holdings Company hereunder shall is not be affected or impaired by (a) any direction as to application of payment by the any Borrower or by any other party, ; or (b) any other continuing or other guaranty, undertaking or maximum liability of a guarantor or of any other party as to the indebtedness Guaranteed Obligations of the any Borrower, ; or (c) any payment on or reduction in reduction of any such other guaranty or undertaking, ; or (d) any dissolution, termination or increase, decrease or change in personnel by the any Borrower, ; or (e) any payment made to any Guaranteed Creditor on the indebtedness Guaranteed Obligations which any such Guaranteed Creditor repays to the any Borrower pursuant to court order in any bankruptcy, reorganization, arrangement, moratorium or other debtor relief proceeding, and Holdings waives proceeding in any right to the deferral or modification of its obligations hereunder by reason of any such proceedingjurisdiction.

Appears in 1 contract

Samples: Credit Agreement (Veritas DGC Inc)

Nature of Liability. The liability of Holdings SCIS hereunder is exclusive and independent of any security for or other guaranty of the indebtedness Guaranteed Obligations of the Borrower Caterair whether executed by HoldingsSCIS, any other guarantor or by any other party, and the liability of Holdings SCIS hereunder shall is not be affected or impaired by (a) any direction as to application of payment by the Borrower Caterair or by any other party, or (b) any other continuing or other guaranty, undertaking or maximum liability of a guarantor or of any other party as to the indebtedness Guaranteed Obligations of the BorrowerCaterair, or (c) any payment on or in reduction of any such other guaranty or undertaking, or (d) any dissolution, termination or increase, decrease or change in personnel by the BorrowerCaterair, or (e) any payment made to any Guaranteed Creditor the Secured Creditors on the indebtedness Guaranteed Obligations which any such Guaranteed Secured Creditor repays to the Borrower Caterair pursuant to court order in any bankruptcy, reorganization, arrangement, moratorium or other debtor relief proceeding, and Holdings SCIS waives any right to the deferral or modification of its obligations hereunder by reason of any such proceeding.

Appears in 1 contract

Samples: Pledge Agreement (Sky Chefs Argentine Inc)

Nature of Liability. The liability of Holdings the Guarantor hereunder is exclusive and independent of any security for or other guaranty of the indebtedness of the any Borrower whether executed by Holdings, any other guarantor the Guarantor or by any other party, and the liability of Holdings the Guarantor hereunder shall not be affected or impaired by (a) any direction as to application of payment by the any Borrower or by any other party, or (b) any other continuing or other guaranty, undertaking or maximum liability of a guarantor or of any other party as to the indebtedness of the any Borrower, or (c) any payment on or in reduction of any such other guaranty or undertaking, or (d) any dissolution, dissolution or termination or increase, decrease or change in personnel by the of any Borrower, or (e) any payment made to the Agent or to any Guaranteed Creditor or all Lenders on the indebtedness which such Guaranteed Creditor repays Agent, Lender or Lenders are required to the Borrower repay to any Borrower, whether pursuant to a court order order, in any bankruptcy, reorganization, arrangement, moratorium or other debtor relief proceeding, proceeding and Holdings the Guarantor waives any right to the deferral or modification of its obligations hereunder by reason of any such proceeding.

Appears in 1 contract

Samples: Limited Guaranty Agreement (Firstcity Financial Corp)

Nature of Liability. The liability of Holdings the Guarantor hereunder is ------------------- exclusive and independent of any security for or other guaranty of the indebtedness Guaranteed Obligations of the Borrower Company whether executed by Holdingsthe Guarantor, any other guarantor or by any other party, and the liability of Holdings the Guarantor hereunder shall is not be affected or impaired by (a) any direction as to application of payment by the Borrower Company or by any other party, or (b) any other continuing or other guaranty, undertaking or maximum liability of a guarantor or of any other party as to the indebtedness Guaranteed Obligations of the BorrowerCompany, or (c) any payment on or in reduction of any such other guaranty or undertaking, or (d) any dissolution, termination or increase, decrease or change in personnel by the BorrowerCompany, or (e) any payment made to any Guaranteed Creditor the Bank on the indebtedness Guaranteed Obligations which such Guaranteed Creditor the Bank repays to the Borrower Company pursuant to court order in any bankruptcy, reorganization, arrangement, moratorium or other debtor relief proceeding, and Holdings the Guarantor waives any right to the deferral or modification of its obligations hereunder by reason of any such proceeding.

Appears in 1 contract

Samples: Credit Agreement (Motors & Gears Inc)

Nature of Liability. The liability of Holdings hereunder is exclusive and independent of any security for or other guaranty of the indebtedness of the Borrower Borrowers whether executed by Holdings, any other guarantor or by any other party, and the liability of Holdings hereunder shall not be affected or impaired by (a) any direction as to application of payment by the Borrower Borrowers or by any other party, or (b) any other continuing or other guaranty, undertaking or maximum liability of a guarantor or of any other party as to the indebtedness of the BorrowerBorrowers, or (c) any payment on or in reduction of any such other guaranty or undertaking, or (d) any dissolution, termination or increase, decrease or change in personnel by the BorrowerBorrowers, or (e) any payment made to any Guaranteed Creditor on the indebtedness which such Guaranteed Creditor repays to the Borrower Borrowers pursuant to court order in any bankruptcy, reorganization, arrangement, moratorium or other debtor relief proceeding, and Holdings waives any right to the deferral or modification of its obligations hereunder by reason of any such proceeding.

Appears in 1 contract

Samples: Credit Agreement (Gleason Corp /De/)

Nature of Liability. (a) The liability of Holdings each Guarantor ------------------- hereunder is exclusive and independent of any security for or other guaranty of the indebtedness Guaranteed Obligations of the Borrower Borrowers whether executed by Holdings, any other guarantor such Guarantor or by any other party, and the liability of Holdings such Guarantor hereunder shall is not be affected or impaired by (ai) any direction as to application of payment by the a Borrower or by any other party, or (bii) any other continuing or other guaranty, undertaking or maximum liability of a guarantor or of any other party as to the indebtedness Guaranteed Obligations of the a Borrower, or (ciii) any payment on or in reduction of any such other guaranty or undertaking, or (div) any dissolution, termination or increase, decrease or change in personnel by the of a Borrower, or (ev) any payment made to any the Guaranteed Creditor Creditors on the indebtedness Guaranteed Obligations which any such Guaranteed Creditor repays to the a Borrower pursuant to court order in any bankruptcy, reorganization, arrangement, moratorium or other debtor relief proceeding, and Holdings such Guarantor waives any right to the deferral or modification of its obligations hereunder by reason of any such proceeding.

Appears in 1 contract

Samples: Credit Agreement (Ocih LLC)

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