Obligations of Banks Several Sample Clauses

Obligations of Banks Several. The obligations of each Bank under this Agreement and the other Finance Documents are several and, accordingly: 2.5.1 no Bank shall be liable for the failure of any other Bank to perform its obligations under this Agreement or any of the other Finance Documents; and 2.5.2 the failure of a Bank to perform any of its obligations under this Agreement or any of the other Finance Documents shall not relieve any other Bank or any Obligor from any of their respective obligations hereunder or thereunder.

Obligations of Banks Several. The obligations of the Banks hereunder to make Revolving Credit Loans, Incremental Term Loans, to fund participations in Letters of Credit and to make payments pursuant to §17(c) are several and not joint. The failure of any Bank to make any Loan, to fund any such participation or to make any payment under §17(c) on any date required hereunder shall not relieve any other Bank of its corresponding obligation to do so on such date, and no Bank shall be responsible for the failure of any other Bank to so make its Loan, to purchase its participation or to make its payment under §17(c).

Obligations of Banks Several. The obligations of the Banks hereunder to make Loans, to fund participations in Letters of Credit and to make payments pursuant to Section 10.05 are several and not joint. The failure of any Bank to make any Loan, to fund any such participation or to make any payment under Section 10.05 on any date required hereunder shall not relieve any other Bank of its corresponding obligation to do so on such date, and no Bank shall be responsible for the failure of any other Bank to so make its Loan, to purchase its participation or to make its payment under Section 10.05.

Obligations of Banks Several. The obligations of the Banks hereunder to make Loans, to accept and purchase Bankers’ Acceptances, to fund participations in Letters of Credit and Swing Line Loans and to make payments pursuant to §18.2 are several and not joint. The failure of any Bank to make any Loan, to accept and purchase Bankers’ Acceptances, to fund any such participation or to make any payment under §18.2 on any date required hereunder shall not relieve any other Bank of its corresponding obligation to do so on such date, and no Bank shall be responsible for the failure of any other Bank to so make its Loan, to accept and purchase Bankers’ Acceptances, to purchase its participation or to make its payment under §18.2.

Obligations of Banks Several. The obligations of the Banks hereunder to make Advances, to fund participations in Letters of Credit and to make payments pursuant to Section 9.04(c) are several and not joint. The failure of any Bank to make any Advance, to fund any such participation or to make any payment under Section 9.04(c) on any date required hereunder shall not relieve any other Bank of its corresponding obligation to do so on such date, and no Bank shall be responsible for the failure of any other Bank to so make its Advance, to purchase its participation or to make its payment under Section 9.04(c).

Obligations of Banks Several. No Bank shall be obligated to make the Loans of any other Bank hereunder. The obligation of each Bank to make its Loans hereunder shall be subject to the condition that each other Bank shall have made the Loans to be made by it on such date.

Obligations of Banks Several. The obligations of the Banks hereunder to make Loans and to make payments pursuant to Section 8.7 are several and not joint. The failure of any Bank to make any Loan, to fund any such participation or to make any payment under Section 8.7 on any date required hereunder shall not relieve any other Bank of its corresponding obligation to do so on such date, and no Bank shall be responsible for the failure of any other Bank to so make its Loan, to purchase its participation or to make its payment under Section 8.7.

Obligations of Banks Several. The obligations of each Bank under this Agreement are several; the failure of any Bank to perform such obligations shall not relieve any other Bank, the Co-Arrangers, the Agent, the Security Agent or the Borrower of any of their respective obligations or liabilities under this Agreement nor shall the Co-Arrangers, the Agent or the Security Agent be responsible for the obligations of any Bank (except for its own obligations, if any, as a Bank) nor shall any Bank be responsible for the obligations of any other Bank under this Agreement. Provided that, in the event of the failure of any Bank (the "defaulting Bank") to perform its obligations under this Agreement:- (A) the Agent shall consult with the Borrower and the other Banks with a view to taking steps to mitigate the effects of such default including the procuring of another bank to assume the obligations of the defaulting Bank; and (B) the defaulting Bank shall indemnify the Borrower against any losses, costs and expenses which the Borrower may sustain or incur as a result of such failure.

Obligations of Banks Several. The failure of any Bank to make the Advance to be made by it as part of any Borrowing shall not relieve any other Bank of its obligation hereunder to make its Advance on the date of such Borrowing, but no Bank shall be responsible for the failure of any other Bank to make the Advance to be made by such other Bank on the date of any Borrowing.

Obligations of Banks Several. The rights and obligations of the Banks under this Agreement and the other Loan Documents are several and not joint. Nothing contained in this Agreement or any other Loan Document and no action taken by any Bank or the Borrower pursuant hereto or thereto shall be deemed to constitute the Banks as a partnership, association, joint venture or other entity.