Common use of Obligations of Lenders Several Clause in Contracts

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Revolving Loans or Term Loans, or any combination of the foregoing, as the case may be, to fund participations in Letters of Credit and Swing Line Loans and to make payments pursuant to Section 10.04(c) are several and not joint. The failure of any Lender to make any Revolving Loan or Term Loan, to fund any such participation or to make any payment under Section 10.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Loan or Term Loan, to purchase its participation or to make its payment under Section 10.04(c).

Appears in 6 contracts

Samples: Credit Agreement (Foresight Energy LP), Credit Agreement, Amendment Agreement

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Obligations of Lenders Several. The obligations of the Appropriate Lenders hereunder to make Term Loans and Revolving Loans or Term Loans, or any combination of the foregoing, as the case may be, to fund participations in Letters of Credit and Swing Line Loans and to make payments pursuant to Section 10.04(c) ), as applicable, are several and not joint. The failure of any Appropriate Lender to make any Revolving Term Loan or Term Revolving Loan, to fund any such participation or to make any payment under Section 10.04(c) on any date required hereunder shall not relieve any other Appropriate Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Term Loan or Term Revolving Loan, to purchase its participation or to make its payment under Section 10.04(c).

Appears in 5 contracts

Samples: Credit Agreement (Equinix Inc), Credit Agreement (Equinix Inc), Credit Agreement (Equinix Inc)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Revolving Loans or Term Loans, or any combination of the foregoing, as the case may be, to fund Several Letters of Credit, to purchase and fund participations in Fronted Letters of Credit and Swing Line Loans and to make payments pursuant to Section 10.04(c) are several and not joint. The failure of any Lender to make any Revolving Loan or Term Loan, to fund any Several Letter of Credit, to purchase and fund such participation participations or to make any payment under Section 10.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Loan or Term Loan, to purchase its participation or to make its payment under Section 10.04(c).

Appears in 5 contracts

Samples: Credit Agreement (Globe Life Inc.), Credit Agreement (Globe Life Inc.), Credit Agreement (Globe Life Inc.)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Revolving Loans or Term Loans, or any combination of the foregoing, as the case may beIncremental Term Loans (if any) and Revolving Loans, to fund participations in Letters of Credit and Swing Line Swingline Loans and to make payments pursuant to Section 10.04(c11.04(c) are several and not joint. The failure of any Lender to make any Revolving Loan or Term Loan, to fund any such participation or to make any payment under Section 10.04(c11.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Loan or Term Loan, to purchase its participation or to make its payment under Section 10.04(c11.04(c).

Appears in 5 contracts

Samples: Credit Agreement (Zeta Global Holdings Corp.), Credit Agreement (Zeta Global Holdings Corp.), Credit Agreement (Zeta Global Holdings Corp.)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Revolving Credit Loans or and Term Loans, or any combination of the foregoing, as the case may be, to fund participations in Letters of Credit and Swing Line Loans Credit, and to make payments pursuant to Section 10.04(c) are several and not joint. The failure of any Lender to make any Revolving Credit Loan or Term Loan, to fund any such participation participation, to make any such purchase or to make any payment under Section 10.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Credit Loan or Term Loan, to purchase its participation participation, or to make its payment under Section 10.04(c).

Appears in 5 contracts

Samples: Credit Agreement (Empire State Realty Trust, Inc.), Credit Agreement (Empire State Realty OP, L.P.), Credit Agreement (Empire State Realty OP, L.P.)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Revolving Committed Loans or Term Individual Currency Loans, or any combination of the foregoing, as the case may be, to fund participations in Letters of Credit and Swing Line Loans and to make payments pursuant to Section 10.04(c11.04(c) are several and not joint. The failure of any Lender to make any Revolving Committed Loan or Term any Individual Currency Loan, to fund any such participation or to make any payment under Section 10.04(c11.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Loan or Term Committed Loan, Individual Currency Loan, to purchase its participation or to make its payment under Section 10.04(c11.04(c).

Appears in 4 contracts

Samples: Credit Agreement (Tiffany & Co), Credit Agreement (Tiffany & Co), Credit Agreement (Tiffany & Co)

Obligations of Lenders Several. The (i) obligations of the Lenders hereunder to make Revolving Loans or Term Loans, or any combination of the foregoing, as the case may be, to fund participations in Letters of Credit and Swing Line Loans and to make payments pursuant to Section 10.04(c), (ii) are obligations of the L/C Issuers to issue Letters of Credit and (iii) obligations of the Swing Line Lenders to make Swing Line Loans are, in each case, several and not joint. The failure of any Lender to make any Revolving Loan or Term Loan, to fund any such participation or to make any payment under Section 10.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Loan or Term Loan, to purchase its participation or to make its payment under Section 10.04(c).

Appears in 4 contracts

Samples: Credit Agreement (Celanese Corp), Credit Agreement (Celanese Corp), Credit Agreement (Celanese Corp)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Revolving Committed Loans or Term Loansand, or any combination in the case of the foregoing, as the case may bePrimary Revolving Lenders, to fund participations in Letters of Credit and Swing Line Loans Loans, and the obligations of the Lenders to make payments pursuant to Section 10.04(c) ), are several and not joint. The failure of any Lender to make any Revolving Loan or Term Committed Loan, to fund any such participation or to make any payment under Section 10.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Loan or Term Committed Loan, to purchase its participation or to make its payment under Section 10.04(c).

Appears in 4 contracts

Samples: Third Amendment Agreement (Pulse Electronics Corp), Second Amendment Agreement (Pulse Electronics Corp), Credit Agreement (Technitrol Inc)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Term Loans and Revolving Loans or Term Credit Loans, or any combination of the foregoing, as the case may be, to fund participations in Letters of Credit and Swing Line Loans and to make payments pursuant to Section 10.04(c) are several and not joint. The failure of any Lender to make any Revolving Loan or Term Loan, to fund any such participation or to make any payment under Section 10.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and and, except as provided in Section 2.15(a)(iv), no Lender shall be responsible for the failure of any other Lender to so make its Revolving Loan or Term Loan, to purchase its participation or to make its payment under Section 10.04(c).

Appears in 4 contracts

Samples: Credit Agreement (WEX Inc.), Credit Agreement (WEX Inc.), Credit Agreement (WEX Inc.)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Revolving Loans or Term Loans, or any combination of the foregoing, as the case may be, to fund participations in Letters of Credit and Swing Line Loans and Credit, to make payments pursuant to Section 10.04(c) ), and to make Loans under any Incremental Term Loan Facility are several and not joint. The failure of any Appropriate Lender to make any Revolving Loan or Term Loan, to fund any such participation or participation, to make any payment under Section 10.04(c) on any date required hereunder hereunder, or to make any Term Loan shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Loan or Term Loan, to purchase its participation or participation, to make its payment under Section 10.04(c), or to make its Term Loan.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Ventas, Inc.), Credit and Guaranty Agreement (Ventas, Inc.), Credit and Guaranty Agreement (Ventas, Inc.)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Revolving Loans or Term Loans, or any combination of the foregoing, as the case may beDelayed Draw Term Loans and Revolving Credit Loans, to fund participations in Letters of Credit and Swing Line Loans and to make payments pursuant to Section 10.04(c11.04(c) are several and not joint. The failure of any Lender to make any Revolving Loan or Term Loan, to fund any such participation or to make any payment under Section 10.04(c11.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Loan or Term Loan, to purchase its participation or to make its payment under Section 10.04(c11.04(c).

Appears in 3 contracts

Samples: Credit Agreement (W. P. Carey Inc.), Credit Agreement (W. P. Carey Inc.), Credit Agreement (W. P. Carey Inc.)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Revolving Committed Loans or Term Loans, or any combination of the foregoing, as the case may beapplicable to it, to fund participations in Letters of Credit and Swing Line Loans (in the case of Revolving Credit Lenders) and to make payments pursuant to Section 10.04(c) are several and not joint. The failure of any Lender to make any Revolving Loan or Term Committed Loan, to fund any such participation or to make any payment under Section 10.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Loan or Term Committed Loan, to purchase its participation or to make its payment under Section 10.04(c).

Appears in 3 contracts

Samples: Amendment No. 5 (American Apparel, Inc), Amendment No. 2 (American Apparel, Inc), Credit Agreement (American Apparel, Inc)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Term Loans and Revolving Loans or Term Credit Loans, or any combination of the foregoing, as the case may be, to fund participations in Letters of Credit and Swing Line Loans and to make payments pursuant to Section 10.04(c) are several and not joint. The failure of any Lender to make any Revolving Loan or Term Loan, to fund any such participation or to make any payment under Section 10.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and, except as provided in Section 2.15(a)(iv) and (v), no Lender shall be responsible for the failure of any other Lender to so make its Revolving Loan or Term Loan, to purchase its participation or to make its payment under Section 10.04(c).

Appears in 3 contracts

Samples: Credit Agreement (WEX Inc.), Credit Agreement (WEX Inc.), Credit Agreement (Wright Express CORP)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Revolving Loans or Term Loans, or any combination of the foregoingboth, as the case may be, to fund participations in Letters of Credit and Swing Line Loans and to make payments pursuant to Section 10.04(c) are several and not joint. The failure of any Lender to make any Revolving Loan or Term Loan, to fund any such participation or to make any payment under Section 10.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Loan or Term Loan, to purchase its participation or to make its payment under Section 10.04(c).

Appears in 3 contracts

Samples: Credit Agreement (Emergency Medical Services CORP), Credit Agreement (Georgia Pacific Corp), Credit Agreement (Emergency Medical Services CORP)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Revolving Loans or Term Committed Loans, or any combination of the foregoing, as the case may be, to fund participations in Letters of Credit and Credit, to fund participations in Swing Line Loans and to make payments pursuant to Section 10.04(c11.04(c) are several and not joint. The failure of any Lender to make any Revolving Loan or Term Committed Loan, to fund any such participation or to make any payment under Section 10.04(c11.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and and, without limiting the provisions of Section 2.18, no Lender shall be responsible for the failure of any other Lender to so make its Revolving Loan or Term Committed Loan, to purchase its participation or to make its payment under Section 10.04(c11.04(c).

Appears in 3 contracts

Samples: Credit Agreement (Revvity, Inc.), Credit Agreement (Perkinelmer Inc), Credit Agreement (Perkinelmer Inc)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Revolving Loans or Term Committed Loans, or any combination of the foregoing, as the case may be, to fund participations in Letters of Credit and Swing Line Loans and to make payments pursuant to Section 10.04(c11.04(c) are several and not joint. The failure of any Lender to make any Revolving Committed Loan or Term Loanrequired to be made by such Lender, to fund any such participation required to be funded by such Lender or to make any payment under Section 10.04(c11.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Loan or Term Committed Loan, to purchase its participation or to make its payment under Section 10.04(c11.04(c).

Appears in 3 contracts

Samples: Credit Agreement (Paramount Group, Inc.), Credit Agreement (Paramount Group, Inc.), Credit Agreement (Paramount Group, Inc.)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Revolving Loans or Tranche B-1 Term Loans, or any combination of the foregoing, as the case may beTranche B-2 Term Loans and Revolving Credit Loans, to fund participations in Letters of Credit and Swing Line Loans and to make payments pursuant to Section 10.04(c) are several and not joint. The failure of any Lender to make any Revolving Loan or Term Loan, to fund any such participation or to make any payment under Section 10.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Loan or Term Loan, to purchase its participation or to make its payment under Section 10.04(c).

Appears in 3 contracts

Samples: Credit Agreement (SWIFT TRANSPORTATION Co), Credit Agreement (SWIFT TRANSPORTATION Co), Credit Agreement (SWIFT TRANSPORTATION Co)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Revolving Loans or Term Loans, or any combination to convert Revolving Loans to Term Loans and thereafter to maintain Term Loans in accordance with the terms of the foregoing, as the case may bethis Agreement, to fund participations in Letters of Credit and Swing Line Loans Swingline Loans, and to make payments pursuant to Section 10.04(c11.04(c) are several and not joint. The failure of any Lender to make any Revolving Loan or Term Loan, to fund any such participation or to make any payment under Section 10.04(c11.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Loan or Term Loan, to purchase its participation or to make its payment under Section 10.04(c11.04(c).

Appears in 2 contracts

Samples: Credit Agreement (Chase Corp), Credit Agreement (Chase Corp)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Revolving Loans or Term Committed Loans, or any combination of the foregoing, as the case may be, to fund participations in Letters of Credit and Swing Line Loans Loans, in each case to the Company or to the Foreign Borrower, as applicable, and to make payments pursuant to Section 10.04(c11.04(c) are several and not joint. The failure of any Lender to make any Revolving Loan or Term Committed Loan, to fund any such participation or to make any payment under Section 10.04(c11.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Loan or Term Committed Loan, to purchase its participation or to make its payment under Section 10.04(c11.04(c).

Appears in 2 contracts

Samples: Credit Agreement (Commercial Metals Co), Credit Agreement (Commercial Metals Co)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Revolving Loans or Term Loans, or any combination of the foregoing, as the case may be, to fund participations in Letters of Credit and Swing Line Loans Loans, in each case to the Company or to the Foreign Borrower, as applicable, and to make payments pursuant to Section 10.04(c11.04(c) are several and not joint. The failure of any Lender to make any Revolving Loan or Term Loan, to fund any such participation or to make any payment under Section 10.04(c11.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Loan or Term Loan, to purchase its participation or to make its payment under Section 10.04(c11.04(c).

Appears in 2 contracts

Samples: Credit Agreement (COMMERCIAL METALS Co), Credit Agreement (COMMERCIAL METALS Co)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Revolving Loans or Term Committed Loans, or any combination of the foregoingto make Term A-1 Loans, as the case may beto make Term A-2 Loans, to fund participations in Letters of Credit and Swing Line Loans and to make payments pursuant to Section 10.04(c) are several and not joint. The failure of any Lender to make any Revolving Loan or Committed Loan, any Term A-1 Loan, any Term A-2 Loan, to fund any such participation or to make any payment under Section 10.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Loan or Committed Loan, to make its Term A-1 Loan, to make its Term A-2 Loan, to purchase its participation or to make its payment under Section 10.04(c).

Appears in 2 contracts

Samples: Credit Agreement (Host Hotels & Resorts L.P.), Credit Agreement (Host Hotels & Resorts L.P.)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Revolving Credit (USD) Loans, Revolving Credit (MC) Loans or and Term Loans, or any combination of the foregoing, as the case may be, to fund participations in Letters of Credit and Swing Line Loans and to make payments pursuant to Section 10.04(c10.4(c) are several and not joint. The failure of any Lender to make any Revolving Loan or Term Loan, to fund any such participation or to make any payment under Section 10.04(c10.4(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Loan or Term Loan, to purchase its participation or to make its payment under Section 10.04(c10.4(c).

Appears in 2 contracts

Samples: Credit Agreement (Reliance Steel & Aluminum Co), Credit Agreement (Reliance Steel & Aluminum Co)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Revolving Loans or Term Loans, or any combination of the foregoingto make Term A-1 Loans, as the case may beto make Term A-2 Loans, to fund participations in Letters of Credit and Swing Line Loans and to make payments pursuant to Section 10.04(c) are several and not joint. The failure of any Lender to make any Revolving Loan or Loan, any Term A-1 Loan, any Term A-2 Loan, to fund any such participation or to make any payment under Section 10.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Loan or Loan, to make its Term A-1 Loan, to make its Term A-2 Loan, to purchase its participation or to make its payment under Section 10.04(c).

Appears in 2 contracts

Samples: Credit Agreement (Host Hotels & Resorts L.P.), Credit Agreement (Host Hotels & Resorts L.P.)

Obligations of Lenders Several. The obligations of the Revolving Lenders and the Term Lenders hereunder to make Revolving Loans or and Term Loans, or any combination of the foregoingrespectively, as the case may be, to fund participations in Letters of Credit and Swing Line Loans and to make payments pursuant to Section 10.04(c9.06(c) are several and not joint. The failure of any Revolving Lender or Term Lender to make any Revolving Loan or Term Loan, to fund any such participation as applicable, or to make any payment under Section 10.04(c9.06(c) on any date required hereunder shall not relieve any other applicable Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Loan or Term Loan, to purchase its participation or to make its payment under Section 10.04(c9.06(c).

Appears in 2 contracts

Samples: Credit Agreement (Walgreens Boots Alliance, Inc.), Credit Agreement (Walgreens Boots Alliance, Inc.)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Revolving Credit Loans or and Term Loans, or any combination of the foregoing, as the case may be, to fund participations in Letters of Credit and Swing Line Loans Loans, and to make payments pursuant to Section 10.04(c) are several and not joint. The failure of any Lender to make any Revolving Credit Loan or Term Loan, to fund any such participation participation, to make any such purchase or to make any payment under Section 10.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Credit Loan or Term Loan, to purchase its participation participation, or to make its payment under Section 10.04(c).

Appears in 2 contracts

Samples: Credit Agreement (Empire State Realty OP, L.P.), Credit Agreement (Empire State Realty OP, L.P.)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Revolving Loans or Committed Loans, to make Term Loans, or any combination of the foregoing, as the case may beto make 2020 Term Loans, to fund participations in Letters of Credit and Swing Line Loans and to make payments pursuant to Section 10.04(c) are several and not joint. The failure of any Lender to make any Revolving Loan or Committed Loan, any Term Loan, any 2020 Term Loans, to fund any such participation or to make any payment under Section 10.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Loan or Committed Loan, to make its Term Loan, to make its 2020 Term Loan, to purchase its participation or to make its payment under Section 10.04(c).

Appears in 1 contract

Samples: Credit Agreement (Host Hotels & Resorts, Inc.)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Revolving Loans or Term A Loans, or any combination of the foregoingTerm B Loans, as the case may beU.S. Dollar Revolving Credit Loans and Multicurrency Revolving Credit Loans, to fund participations in Letters of Credit and Swing Line Loans and to make payments pursuant to Section 10.04(c11.04(c) are several and not joint. The failure of any Lender to make any Revolving Loan or Term Loan, to fund any such participation or to make any payment under Section 10.04(c11.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Loan or Term Loan, to purchase its participation or to make its payment under Section 10.04(c11.04(c).

Appears in 1 contract

Samples: Credit Agreement (Acco Brands Corp)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Revolving Loans or Term Committed Loans, or any combination of the foregoing, as the case may be, Revolving Lenders to fund participations in Letters of Credit and Swing Line Loans and of the Lenders to make payments pursuant to Section 10.04(c) are several and not joint. The failure of any Lender to make any Revolving Loan or Term Committed Loan, of any Revolving Lender to fund any such participation or of any Lender to make any payment under Section 10.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Loan or Term Committed Loan, of any Revolving Lender to purchase its participation or of any Lender to make its payment under Section 10.04(c).

Appears in 1 contract

Samples: Credit Agreement (Coinstar Inc)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Revolving Credit Loans or Term Loans, or any combination of the foregoing, as the case may beapplicable to it, to fund participations in Letters of Credit and Swing Line Loans (in the case of Revolving Credit Lenders) and to make payments pursuant to Section 10.04(c) are several and not joint. The failure of any Lender to make any Revolving Loan or Term Credit Loan, to fund any such participation or to make any payment under Section 10.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Loan or Term Credit Loan, to purchase its participation or to make its payment under Section 10.04(c).

Appears in 1 contract

Samples: Credit Agreement (American Apparel, Inc)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Revolving Loans or Delayed Draw Term A-1 Loans, or any combination of the foregoing, as the case may beDelayed Draw Term A-2 Loans and Revolving Credit Loans, to fund participations in Letters of Credit and Swing Line Loans and to make payments pursuant to Section 10.04(c11.04(c) are several and not joint. The failure of any Lender to make any Revolving Loan or Term Loan, to fund any such participation or to make any payment under Section 10.04(c11.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Loan or Term Loan, to purchase its participation or to make its payment under Section 10.04(c11.04(c).

Appears in 1 contract

Samples: Credit Agreement (Saltchuk Resources, Inc.)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Revolving Loans or Committed Loans, to make Term Loans, or any combination of the foregoing, as the case may beto make 2015 Term Loans, to fund participations in Letters of Credit and Swing Line Loans and to make payments pursuant to Section 10.04(c) are several and not joint. The failure of any Lender to make any Revolving Loan or Committed Loan, any Term Loan, any 2015 Term Loans, to fund any such participation or to make any payment under Section 10.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Loan or Committed Loan, to make its Term Loan, to make its 2015 Term Loan, to purchase its participation or to make its payment under Section 10.04(c).

Appears in 1 contract

Samples: Credit Agreement (Host Hotels & Resorts L.P.)

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Obligations of Lenders Several. The obligations of the Lenders hereunder to make Term Loans and Revolving Loans or Term Credit Loans, or any combination of the foregoing, as the case may be, to fund participations in Letters of Credit and Swing Line Loans and to make payments pursuant to Section 10.04(c11.04(c) and, if established, Accordion Loans, are several and not joint. The failure of any Lender to make any Revolving Loan or Term Loan, to fund any such participation or to make any payment under Section 10.04(c11.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Loan or Term Loan, to purchase its participation or to make its payment under Section 10.04(c11.04(c).

Appears in 1 contract

Samples: Credit Agreement (Saga Communications Inc)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Revolving Loans or Tranche A Term Loans, or any combination of the foregoing, as the case may beTranche B Term Loans and Revolving Credit Loans, to fund participations in Letters of Credit and Swing Line Loans and to make payments pursuant to Section 10.04(c) are several and not joint. The failure of any Lender to make any Revolving Loan or Term Loan, to fund any such participation or to make any payment under Section 10.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Loan or Term Loan, to purchase its participation or to make its payment under Section 10.04(c).

Appears in 1 contract

Samples: Credit Agreement (SWIFT TRANSPORTATION Co)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Revolving Credit Loans or Term Loans, or any combination of the foregoing, as the case may be, to fund participations in Letters of Credit and Swing Line Loans and to make payments pursuant to Section 10.04(c) are several and not joint. The failure of any Lender to make any Revolving Credit Loan or Term Loan, to fund any such participation or to make any payment under Section 10.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Credit Loan or Term Loan, to purchase its participation or to make its payment under Section 10.04(c).

Appears in 1 contract

Samples: Credit Agreement (Dayton Power & Light Co)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Revolving Loans or Term Committed Loans, or any combination of the foregoing, as the case may be, to fund participations in Letters of Credit and Swing Line Loans and to make payments pursuant to Section Sections 2.10(b)(ii)(y) and 10.04(c) are several and not joint. The failure of any Lender to make any Revolving Loan or Term Committed Loan, to fund any such participation or to make any payment under Section Sections 2.10(b)(ii)(y) and 10.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Loan or Term Committed Loan, to purchase its participation or to make its payment under Section Sections 2.10(b)(ii)(y) and 10.04(c).

Appears in 1 contract

Samples: Credit Agreement (Stericycle Inc)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Revolving Loans or Term Loans, or any combination of the foregoing, as the case may beAdditional Term Loans (if any) and Revolving Loans, to fund participations in Letters of Credit and Swing Line Swingline Loans and to make payments pursuant to Section 10.04(c11.04(c) are several and not joint. The failure of any Lender to make any Revolving Loan or Term Loan, to fund any such participation or to make any payment under Section 10.04(c11.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Loan or Term Loan, to purchase its participation or to make its payment under Section 10.04(c11.04(c).

Appears in 1 contract

Samples: Credit Agreement (AAC Holdings, Inc.)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Revolving Loans or and Term Loans, or any combination of the foregoing, as the case may be, to fund participations in Letters of Credit and Swing Line Loans and to make payments pursuant to Section 10.04(c) are several and not joint. The failure of any Lender to make any Revolving Loan or Term Loan, to fund any such participation or to make any payment under Section 10.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Loan or Term Loan, to purchase its participation or to make its payment under Section 10.04(c).

Appears in 1 contract

Samples: Credit Agreement (Cost Plus Inc/Ca/)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Revolving Loans or Term Loans, or any combination of the foregoingIncremental Term Loans, as the case may beif any, and Revolving Loans, to fund participations in Letters of Credit and Swing Line Swingline Loans and to make payments pursuant to Section 10.04(c11.04(c) are several and not joint. The failure of any Lender to make any Revolving Loan or Term Loan, to fund any such participation or to make any payment under Section 10.04(c11.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Loan or Term Loan, to purchase its participation or to make its payment under Section 10.04(c11.04(c).

Appears in 1 contract

Samples: Credit Agreement (1847 Goedeker Inc.)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Revolving Loans or Term Committed Loans, or any combination of the foregoing, as the case may be, Dollar Revolving Lenders to fund participations in Letters of Credit and Swing Line Loans and of the Lenders to make payments pursuant to Section 10.04(c) are several and not joint. The failure of any Lender to make any Revolving Loan or Term Committed Loan, of any Dollar Revolving Lender to fund any such participation or of any Lender to make any payment under Section 10.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Loan or Term Committed Loan, of any Dollar Revolving Lender to purchase its participation or of any Lender to make its payment under Section 10.04(c).

Appears in 1 contract

Samples: Credit Agreement (Outerwall Inc)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Incremental Term Loans and Revolving Loans or Term Loans, or any combination the obligations of the foregoing, as the case may be, Revolving Lenders to fund participations in Letters of Credit and Swing Line Loans Loans, and the obligations of the Lenders to make payments pursuant to Section 10.04(c) 11.04(c), in each case, are several and not joint. The failure of any Lender to make any Revolving Loan or Term Loan, to fund any such participation or to make any payment under Section 10.04(c11.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Loan or Term Loan, to purchase its participation or to make its payment under Section 10.04(c11.04(c).

Appears in 1 contract

Samples: Credit Agreement (StoneX Group Inc.)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Incremental Term Loans and Revolving Loans or Term Credit Loans, or any combination of the foregoing, as the case may be, to fund participations in Letters of Credit and Swing Line Loans and to make payments pursuant to Section 10.04(c) are several and not joint. The failure of any Lender to make any Revolving Incremental Term Loan or Term Revolving Credit Loan, to fund any such participation or to make any payment under Section 10.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Incremental Term Loan or Term Revolving Credit Loan, to purchase its participation or to make its payment under Section 10.04(c).

Appears in 1 contract

Samples: Credit Agreement (Heartland Payment Systems Inc)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Revolving Credit Loans or and Term Loans, or any combination of the foregoing, as the case may be, to fund participations in Letters of Credit and Swing Line Loans Loans, in each case to the Company or to the Foreign Borrower, as applicable, and to make payments pursuant to Section 10.04(c11.04(c) are several and not joint. The failure of any Lender to make any Revolving Loan or Term Loan, to fund any such participation or to make any payment under Section 10.04(c11.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Loan or Term Loan, to purchase its participation or to make its payment under Section 10.04(c11.04(c).

Appears in 1 contract

Samples: Credit Agreement (Commercial Metals Co)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Revolving Committed Loans or Term Loansand, or any combination in the case of the foregoing, as the case may bePrimary Lenders, to fund participations in Letters of Credit and Swing Line Loans Loans, and the obligations of the Lenders to make payments pursuant to Section 10.04(c) ), are several and not joint. The failure of any Lender to make any Revolving Loan or Term Committed Loan, to fund any such participation or to make any payment under Section 10.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Loan or Term Committed Loan, to purchase its participation or to make its payment under Section 10.04(c).

Appears in 1 contract

Samples: Credit Agreement (Technitrol Inc)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Revolving Loans or Term Loans, or any combination of the foregoing, as the case may be, to fund participations in Letters of Credit and Swing Line Loans and to make payments pursuant to Section 10.04(c) are several and not joint. The failure of any Lender to make any Revolving Loan or Term Loan, to fund any such participation or to make any payment under Section 10.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Loan or Term Loan, to purchase fund its participation or to make its payment under Section 10.04(c).

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Foresight Energy LP)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Revolving Loans or Term Loans, or any combination of the foregoing, as the case may beto make Revolving Loans, to fund Several Letters of Credit, to purchase and fund participations in Fronted Letters of Credit and Swing Line Loans and to make payments pursuant to Section 10.04(c) are several and not joint. The failure of any Lender to make any Term Loan, make any Revolving Loan or Term Loan, to fund any Several Letter of Credit, to purchase and fund such participation participations or to make any payment under Section 10.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Term Loan or Term its Revolving Loan, to purchase its participation or to make its payment under Section 10.04(c).

Appears in 1 contract

Samples: Credit Agreement (Torchmark Corp)

Obligations of Lenders Several. The obligations of the Term Lenders hereunder to make Term Loans and the obligations of the Revolving Lenders hereunder to make Revolving Loans or Term Loans, or any combination of the foregoing, as the case may be, and to fund participations in Letters of Credit and Swing Line Loans and the obligations of the Lenders to make payments pursuant to Section 10.04(c) are several and not joint. The failure of any Lender to make any Revolving Loan or Term Loan, to fund any such participation or to make any payment under Section 10.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Loan or Term Loan, to purchase its participation or to make its payment under Section 10.04(c).

Appears in 1 contract

Samples: Credit Agreement (Discovery Communications, Inc.)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Revolving Loans or Term Committed Loans, or any combination of the foregoingto make Term A-1 Loans, as the case may beto make Term A-2 Loans, to fund participations in Letters of Credit and Swing Line Loans and to make payments pursuant to Section 10.04(c) are several and not joint. The failure of any Lender to make any Revolving Loan or Committed Loan, any Term A-1 Loan, any Term A-2 Loan, to fund any such participation or to make any payment under Section 10.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Loan or Term Loan, to purchase its participation or to make its payment under Section 10.04(c).so

Appears in 1 contract

Samples: Credit Agreement (Host Hotels & Resorts L.P.)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Revolving Committed Loans, to make Term Loans or (including 2012 Incremental Term Loans, or any combination of the foregoing, as the case may be), to fund participations in Letters of Credit and Swing Line Loans and to make payments pursuant to Section 10.04(c) are several and not joint. The failure of any Lender to make any Revolving Committed Loan, any Term Loan or (including any 2012 Incremental Term Loan), to fund any such participation or to make any payment under Section 10.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Committed Loan, to make its Term Loan or (including its 2012 Incremental Term Loan), to purchase its participation or to make its payment under Section 10.04(c).

Appears in 1 contract

Samples: Credit Agreement (Host Hotels & Resorts, Inc.)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Revolving Loans or Term Facility Loans, or any combination of the foregoing, as the case may beAdditional Term Facility Loans and Revolving Credit Loans, to fund participations in Letters of Credit and Swing Line Loans and to make payments pursuant to Section 10.04(c) are several and not joint. The failure of any Lender to make any Revolving Loan or Term Loan, to fund any such participation or to make any payment under Section 10.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Loan or Term Loan, to purchase its participation or to make its payment under Section 10.04(c).

Appears in 1 contract

Samples: Credit Agreement (Universal American Corp.)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Revolving Loans or Term Loans, or any combination of the foregoing, as the case may beIncremental Term Loans and Revolving Credit Loans, to fund participations in Letters of Credit and Swing Line Loans and to make payments pursuant to Section 10.04(c) are several and not joint. The failure of any Lender to make any Revolving Term Loan, Incremental Term Loan or Term Revolving Credit Loan, to fund any such participation or to make any payment under Section 10.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Term Loan, Incremental Term Loan or Term Revolving Credit Loan, to purchase its participation or to make its payment under Section 10.04(c).

Appears in 1 contract

Samples: Credit Agreement (Heartland Payment Systems Inc)

Obligations of Lenders Several. The obligations of the Lenders hereunder to make Revolving Loans or Term Committed Loans, or any combination of the foregoing, as the case may be, to fund participations in Letters of Credit and Swing Line Loans (in each case subject to Section 2.19(a)(iv)) and to make payments pursuant to Section 10.04(c) are several and not joint. The failure of any Lender to make any Revolving Loan or Term Committed Loan, to fund any such participation (in each case subject to Section 2.19(a)(iv)) or to make any payment under Section 10.04(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Revolving Loan or Term Committed Loan, to purchase its participation (in each case subject to Section 2.19(a)(iv)) or to make its payment under Section 10.04(c).

Appears in 1 contract

Samples: Credit Agreement (Watts Water Technologies Inc)

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