OBLIGATIONS OF GUARANTORS INDEPENDENT. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor, any other guarantor or the Borrower, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor, any other guarantor or the Borrower and whether or not any other Guarantor, any other guarantor or the Borrower be joined in any such action or actions. Each Guarantor waives (to the fullest extent permitted by applicable law) the benefits of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the Borrower or other circumstance which operates to toll any statute of limitations as to the Borrower shall operate to toll the statute of limitations as to each Guarantor.
Appears in 14 contracts
Samples: Credit Agreement (Urban One, Inc.), Security Agreement (CURO Group Holdings Corp.), Intercreditor Agreement (Capella Healthcare, Inc.)
OBLIGATIONS OF GUARANTORS INDEPENDENT. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor, any other guarantor of any of the Obligations (collectively, the “Credit Agreement Guarantors”) or the any Borrower, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor, Credit Agreement Guarantor or any other guarantor or the Borrower and whether or not any other Guarantor, Credit Agreement Guarantor or any other guarantor or the Borrower be joined in any such action or actions. Each Guarantor waives (to the fullest extent permitted by applicable law) the benefits of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the any Borrower or other circumstance which operates to toll any statute of limitations as to the applicable Borrower shall operate to toll the statute of limitations as to each Guarantor.
Appears in 6 contracts
Samples: Guaranty Agreement (CF Industries Holdings, Inc.), Guaranty Agreement (CF Industries Holdings, Inc.), Intercreditor Agreement (CF Industries Holdings, Inc.)
OBLIGATIONS OF GUARANTORS INDEPENDENT. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor, any other guarantor of the Obligations (collectively, the “Credit Agreement Guarantors”) or the Borrower, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor, any other guarantor Credit Agreement Guarantor or the Borrower and whether or not any other Guarantor, any other guarantor Credit Agreement Guarantor or the Borrower be joined in any such action or actions. Each Guarantor waives (to the fullest extent permitted by applicable law) the benefits of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the Borrower or other circumstance which operates to toll any statute of limitations as to the Borrower shall operate to toll the statute of limitations as to each Guarantor.
Appears in 4 contracts
Samples: Revolving Credit Agreement (CF Industries Holdings, Inc.), Revolving Credit Agreement (CF Industries Holdings, Inc.), Revolving Credit Agreement (CF Industries Holdings, Inc.)
OBLIGATIONS OF GUARANTORS INDEPENDENT. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor, any other guarantor or guarantor, the Borrower, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor, any other guarantor or guarantor, the Borrower and whether or not any other Guarantor, any other guarantor or guarantor, the Borrower be joined in any such action or actions. Each Guarantor waives (to the fullest extent permitted by applicable law) the benefits of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the Borrower or other circumstance which operates to toll any statute of limitations as to the Borrower shall operate to toll the statute of limitations as to each Guarantor.
Appears in 3 contracts
Samples: And Collateral Agreement, Second Lien Guarantee and Collateral Agreement (Lee Enterprises, Inc), Subsidiaries Guaranty (RCN Corp /De/)
OBLIGATIONS OF GUARANTORS INDEPENDENT. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor, any other guarantor or the any Borrower, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor, any other guarantor or the any Borrower and whether or not any other Guarantor, any other guarantor or the any Borrower be is joined in any such action or actions. Each Guarantor waives (to the fullest extent permitted by applicable law) the benefits of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the any Borrower or other circumstance which operates to toll any statute of limitations as to the any Borrower shall operate to toll the statute of limitations as to each Guarantor.
Appears in 3 contracts
Samples: Canadian Guarantee (Ciena Corp), Ciena Corp, Abl Credit Agreement
OBLIGATIONS OF GUARANTORS INDEPENDENT. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor, any other guarantor or the Borrowerany Obligor, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor, any other guarantor or the Borrower any Obligor and whether or not any other Guarantor, any other guarantor or the Borrower any Obligor be joined in any such action or actions. Each Guarantor waives (to the fullest extent permitted by applicable lawApplicable Law) the benefits of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the Borrower any Obligor or other circumstance which operates to toll any statute of limitations as to the Borrower such Obligor shall operate to toll the statute of limitations as to each Guarantor.
Appears in 2 contracts
Samples: Facility Agreement (Toys R Us Inc), Syndicated Facility Agreement (Toys R Us Inc)
OBLIGATIONS OF GUARANTORS INDEPENDENT. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor, any other guarantor of any of the Obligations (collectively, the “Credit Agreement Guarantors”) or the either Borrower, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor, any other guarantor Credit Agreement Guarantor or the either Borrower and whether or not any other Guarantor, any other guarantor Credit Agreement Guarantor or the either Borrower be joined in any such action or actions. Each Guarantor waives (to the fullest extent permitted by applicable law) the benefits of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the either Borrower or other circumstance which operates to toll any statute of limitations as to the applicable Borrower shall operate to toll the statute of limitations as to each Guarantor.
Appears in 2 contracts
Samples: Guaranty Agreement (CF Industries Holdings, Inc.), Guaranty Agreement (CF Industries Holdings, Inc.)
OBLIGATIONS OF GUARANTORS INDEPENDENT. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor, any other guarantor or the Borrower, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor, any other guarantor or the Borrower and whether or not any other Guarantor, any other guarantor or the Borrower be is joined in any such action or actions. Each Guarantor waives (to the fullest extent permitted by applicable law) the benefits of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the Borrower or other circumstance which operates to toll any statute of limitations as to the Borrower shall operate to toll the statute of limitations as to each Guarantor.
Appears in 2 contracts
Samples: Security Agreement (Ciena Corp), Guaranty (Ciena Corp)
OBLIGATIONS OF GUARANTORS INDEPENDENT. The obligations of each Guarantor hereunder are independent of the obligations of any the other Guarantor, any other guarantor or any of the BorrowerBorrowers, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against the other Guarantor, any other guarantor, or any of the Borrowers and whether or not the other Guarantor, any other guarantor or any of the Borrower and whether or not any other Guarantor, any other guarantor or the Borrower Borrowers be joined in any such action or actions. Each Guarantor waives (to the fullest extent permitted by applicable law) the benefits of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by any of the Borrower Borrowers or other circumstance which operates to toll any statute of limitations as to any of the Borrower Borrowers shall operate to toll the statute of limitations as to each Guarantor.
Appears in 1 contract
Samples: FelCor Lodging LP
OBLIGATIONS OF GUARANTORS INDEPENDENT. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor, any other guarantor or the Borrower, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor, any other guarantor or the Borrower and whether or not any other Guarantor, any other guarantor or the Borrower be joined in any such action or actions. Each Guarantor waives (to the fullest extent permitted by applicable law) the benefits of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the Borrower or other circumstance which operates to toll any statute of limitations as to the Borrower shall operate to toll the statute of limitations as to each Guarantor.
Appears in 1 contract
OBLIGATIONS OF GUARANTORS INDEPENDENT. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor, any other guarantor or guarantor, the BorrowerBorrowers, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor, any other guarantor or the either Borrower and whether or not any other Guarantor, any other guarantor or the either Borrower be joined in any such action or actions. Each Guarantor waives (to the fullest extent permitted by applicable law) the benefits of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the Borrower Borrowers or other circumstance which operates to toll any statute of limitations as to the Borrower Borrowers shall operate to toll the statute of limitations as to each Guarantor.
Appears in 1 contract
OBLIGATIONS OF GUARANTORS INDEPENDENT. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor, any other guarantor or guarantor, the BorrowerIssuer and INTELSAT, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor, any other guarantor guarantor, the Issuer or the Borrower INTELSAT and whether or not any other Guarantor, any other guarantor of the Guaranteed Obligations, the Issuer or the Borrower INTELSAT be joined in any such action or actions. Each Guarantor waives (to the fullest extent permitted by applicable law) the benefits of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the Borrower Issuer or other circumstance which operates to toll any statute of limitations as to the Borrower Issuer shall operate to toll the statute of limitations as to each Guarantor.
Appears in 1 contract
Samples: Intelsat LTD
OBLIGATIONS OF GUARANTORS INDEPENDENT. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor, any other guarantor or the any Borrower, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor, any other guarantor or the any UK Borrower and whether or not any other Guarantor, any other guarantor or the any Borrower be is joined in any such action or actions. Each Guarantor waives (to the fullest extent permitted by applicable law) the benefits of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the any UK Borrower or other circumstance which operates to toll any statute of limitations as to the any UK Borrower shall operate to toll the statute of limitations as to each Guarantor.
Appears in 1 contract
Samples: Abl Credit Agreement (Tesla, Inc.)