Common use of Nature of Liability Clause in Contracts

Nature of Liability. The liability of the Parent hereunder is exclusive and independent of any security for or other guaranty of the Guaranteed Obligations of the Borrower, any other guarantor or by any other party, and the liability of the Parent 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 Guaranteed 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 on the 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 the Parent waives any right to the deferral or modification of its obligations hereunder by reason of any such proceeding.

Nature of Liability. The liability of the Parent VHS Holdco I hereunder is exclusive and independent of any security for or other guaranty of the Guaranteed Obligations of the Borrowerwhether executed by VHS Holdco I, any other guarantor or by any other party, and the liability of the Parent 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 Guaranteed Obligations 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 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 the Parent VHS Holdco I waives any right to the deferral or modification of its respective obligations hereunder by reason of any such proceeding.

Nature of Liability. The liability of the Parent hereunder is exclusive and independent of any security for or other guaranty of the Guaranteed Obligations of whether executed by the BorrowerParent, any other guarantor or by any other party, and the liability of 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 Guaranteed Obligations 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 Guaranteed Creditor on the Guaranteed Obligations 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 the Parent waives any right to the deferral or modification of its obligations hereunder by reason of any such proceeding.

Nature of Liability. (a) The liability of the Parent Guarantors hereunder is exclusive and independent of any security for or other guaranty of the Guaranteed Obligations of the Borrower, Borrower whether executed by any other guarantor or by any other party, and the liability of the 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 Guaranteed 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 Guaranteed 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 the Parent waives 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.

Nature of Liability. The liability of the Parent Holdings hereunder is exclusive and independent of any security for or other guaranty of the Guaranteed Obligations indebtedness of the BorrowerBorrowers whether executed by Holdings, any other guarantor or by any other party, and the liability of the Parent 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 Guaranteed Obligations 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 Guaranteed Obligations indebtedness which any such Guaranteed Creditor repays to the Borrower Borrowers pursuant to court order in any bankruptcy, reorganization, arrangement, moratorium or other debtor relief proceeding, and the Parent Holdings waives any right to the deferral or modification of its obligations hereunder by reason of any such proceeding.

Nature of Liability. The liability of the Parent GWR hereunder is exclusive and independent of any security for or other guaranty of the Guaranteed Obligations indebtedness of the BorrowerBorrowers whether executed by GWR, any other guarantor or by any other party, and the liability of the Parent 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 Guaranteed Obligations 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 Guaranteed Obligations indebtedness 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 the Parent GWR waives any right to the deferral or modification of its obligations hereunder by reason of any such proceeding.

Nature of Liability. The liability of the Parent Guarantor hereunder is exclusive and independent of any security for or other guaranty of the Guaranteed Obligations indebtedness of the Borrower, any other guarantor Borrower whether executed by the Guarantor or by any other party, and the liability of the Parent Guarantor 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 Guaranteed Obligations indebtedness of the 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 of the Borrower, or (e) any payment made to any Guaranteed Creditor the Agent or to the Lender on the Guaranteed Obligations indebtedness which any such Guaranteed Creditor repays Agent or Lender is required to repay to the Borrower Borrower, whether pursuant to a court order order, in any bankruptcy, reorganization, arrangement, moratorium or other debtor relief proceeding, proceeding and the Parent Guarantor waives any right to the deferral or modification of its obligations hereunder by reason of any such proceeding.

Nature of Liability. (a) The liability of the Parent each Guarantor ------------------- hereunder is exclusive and independent of any security for or other guaranty of the Guaranteed Obligations of the Borrower, any other guarantor Borrowers whether executed by such Guarantor or by any other party, and the liability of the Parent 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 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 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 the Parent such Guarantor waives any right to the deferral or modification of its obligations hereunder by reason of any such proceeding.

Nature of Liability. The liability of the Parent each Guarantor hereunder is exclusive and independent of any security for or other guaranty Guaranty of the Guaranteed Obligations indebtedness of the BorrowerIssuer whether executed by any such Guarantor, any other guarantor Guarantor or by any other party, and the no Guarantor’s liability of the Parent 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 Guaranteed Obligations 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 Guaranteed Obligations indebtedness which any 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 each of the Parent Guarantors waives any right to the deferral or modification of its obligations hereunder by reason of any such proceeding.

Nature of Liability. The liability of the Parent VHS Holdco I hereunder is exclusive and independent of any security for or other guaranty of the Guaranteed Obligations of the Borrowerwhether executed by VHS Holdco I, any other guarantor or by any other party, and the liability of the Parent 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 Guaranteed Obligations 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 any Borrower, or (e) any payment made to any the Guaranteed Creditor Creditors on the 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 the Parent VHS Holdco I waives any right to the deferral or modification of its respective obligations hereunder by reason of any such proceeding.

Nature of Liability. The liability of the Parent Guarantor hereunder is ------------------- exclusive and independent of any security for or other guaranty of the Guaranteed Obligations of the BorrowerCompany whether executed by the Guarantor, any other guarantor or by any other party, and the liability of the Parent 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 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 Guaranteed Obligations which any 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 the Parent Guarantor waives any right to the deferral or modification of its obligations hereunder by reason of any such proceeding.

Nature of Liability. The liability of the Parent Holdings hereunder is primary, absolute and unconditional, exclusive and independent of any security for or other guaranty of the Guaranteed Obligations of the BorrowerObligations, whether executed by any other guarantor or by any other party, and the liability of the Parent Holdings hereunder shall not be affected or impaired by (a) any direction as to application of payment by the Borrower any Guaranteed Party 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 Guaranteed Obligations 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 Borrowerany Guaranteed Party, or (e) any payment made to any Guaranteed Creditor on the Guaranteed Obligations which any such Guaranteed Creditor repays to the Borrower any Guaranteed Party pursuant to court order in any bankruptcy, reorganization, arrangement, moratorium or other debtor relief proceeding, and the Parent Holdings waives any right to the deferral or modification of its obligations hereunder by reason of any such proceeding, or (f) any action or inaction by the Guaranteed Creditors as contemplated in Section 14.05, or (g) any invalidity, irregularity or enforceability of all or any part of the Guaranteed Obligations or of any security therefor.

Nature of Liability. The liability of the Parent each Guarantor hereunder is exclusive and independent of any security for or other guaranty of the Guaranteed Obligations of the BorrowerBorrower whether executed by any such Guarantor, any other guarantor or by any other party, and the no Guarantor’s liability of the Parent 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 Guaranteed 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 Guaranteed Obligations which any 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 each of the Parent Guarantors waives any right to the deferral or modification of its obligations hereunder by reason of any such proceeding.

Nature of Liability. The liability of the Parent Holdings hereunder is ------------------- exclusive and independent of any security for or other guaranty of the Guaranteed Obligations indebtedness of the BorrowerBorrower whether executed by Holdings, any other guarantor or by any other party, and the liability of the Parent 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 Guaranteed Obligations 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 Guaranteed Obligations indebtedness which any 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 the Parent Holdings waives any right to the deferral or modification of its obligations hereunder by reason of any such proceeding.

Nature of Liability. The liability of the Parent SCIS hereunder is exclusive and independent of any security for or other guaranty of the Guaranteed Obligations of the BorrowerCaterair whether executed by SCIS, any other guarantor or by any other party, and the liability of the Parent 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 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 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 the Parent SCIS waives any right to the deferral or modification of its obligations hereunder by reason of any such proceeding.

Nature of Liability. The liability of the Parent hereunder Company under this Article XIV is exclusive and independent of any security for or other guaranty of the Guaranteed Obligations of the Borrowerany Borrower whether executed by Company, any other guarantor or by any other party, and the liability of the Parent 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 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 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 the Parent waives proceeding in any right to the deferral or modification of its obligations hereunder by reason of any such proceedingjurisdiction.

Nature of Liability. The liability of the Parent Holdings hereunder is primary, absolute and unconditional, exclusive and independent of any security for or other guaranty of the Guaranteed Obligations of the BorrowerObligations, whether executed by any other guarantor or by any other party, and the liability of the Parent Holdings hereunder shall not be affected or impaired by (a) any direction as to application of payment by the Borrower any Guaranteed Party 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 Guaranteed Obligations 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 Borrowerany Guaranteed Party, or (e) any payment made to any Guaranteed Creditor on the Guaranteed Obligations which any such Guaranteed Creditor repays to the Borrower any Guaranteed Party pursuant to court order in any bankruptcy, reorganization, arrangement, moratorium or other debtor relief proceeding, and the Parent Holdings waives any right to the deferral or modification of its obligations hereunder by reason of any such proceeding, or (f) any action or inaction by the 121 Guaranteed Creditors as contemplated in Section 14.05, or (g) any invalidity, irregularity or enforceability of all or any part of the Guaranteed Obligations or of any security therefor.

Nature of Liability. The liability of the Parent Holdings hereunder is exclusive and independent of any security for or other guaranty of the Guaranteed Obligations of the Borrowerwhether executed by Holdings, any other guarantor or by any other party, and the liability of the Parent 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 Guaranteed Obligations 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 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 the Parent Holdings waives any right to the deferral or modification of its obligations hereunder by reason of any such proceeding.

Nature of Liability. The liability of the Parent each Guarantor hereunder is exclusive and independent of any security for or other guaranty Guaranty of the Guaranteed Obligations indebtedness of the BorrowerBorrower whether executed by any such Guarantor, any other guarantor Guarantor or by any other party, and the no Guarantor’s liability of the Parent 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 Guaranteed Obligations 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 Guaranteed Obligations indebtedness which any 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 each of the Parent Guarantors waives any right to the deferral or modification of its obligations hereunder by reason of any such proceeding.

Nature of Liability. The liability of the Parent Guarantor hereunder is exclusive and independent of any security for or other guaranty of the Guaranteed Obligations indebtedness of any Borrower whether executed by the Borrower, any other guarantor Guarantor or by any other party, and the liability of the Parent 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 Guaranteed Obligations 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 Guaranteed Obligations indebtedness which such Agent, Lender or Lenders are required to repay to any such Guaranteed Creditor repays to the Borrower Borrower, whether pursuant to a court order order, in any bankruptcy, reorganization, arrangement, moratorium or other debtor relief proceeding, proceeding and the Parent Guarantor waives any right to the deferral or modification of its obligations hereunder by reason of any such proceeding.

Nature of Liability. The liability of the Parent each Guarantor hereunder is exclusive and independent of any security for or other guaranty of the Guaranteed Obligations indebtedness of the Borrowerany Borrower whether executed by such Guarantor, any other guarantor or by any other party, and the such Guarantor’s liability of the Parent 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 Guaranteed Obligations 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 Guaranteed Obligations which the Lender repays any such Guaranteed Creditor repays to the Borrower pursuant to court order in any bankruptcy, reorganization, arrangement, moratorium or other debtor relief proceeding, and the Parent each Guarantor waives any right to the deferral or modification of its obligations hereunder by reason of any such proceeding.

Nature of Liability. The liability of the Parent Holdings hereunder is ------------------- exclusive and independent of any security for or other guaranty of the Guaranteed Obligations indebtedness of the BorrowerBorrower whether executed by Holdings, any other guarantor or by any other party, and the liability of the Parent 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 Guaranteed Obligations 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 Guaranteed Obligations indebtedness which any 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 the Parent Holdings waives any right to the deferral or modification of its obligations hereunder by reason of any such proceeding.