Obligations of Lenders Several. The obligations of the Lenders hereunder to make the Term Loans to the Borrower are several and not joint. The failure of any Lender to make any Term Loan, to fund any participation or to make any payment hereunder 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 Term Loan, to purchase its participation or to make its payment hereunder.
Appears in 8 contracts
Samples: Credit Agreement (Vince Holding Corp.), Credit Agreement (Vince Holding Corp.), Credit Agreement (Vince Holding Corp.)
Obligations of Lenders Several. The obligations of the Lenders hereunder to make the Term Loans to the Borrower are several and not joint. The failure of any Lender to make any Term Loan, to fund any participation or to make any payment hereunder Loan 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 Term Loan, to purchase its participation or to make its payment hereunder.
Appears in 7 contracts
Samples: Credit Agreement (Mynaric AG), Term Loan Credit Agreement (NorthWestern Energy Group, Inc.), Term Loan Credit Agreement (Fortive Corp)
Obligations of Lenders Several. The obligations of the Lenders hereunder to make the Term Loans a Loan and to the Borrower make payments hereunder are several and not joint. The failure of any Lender to make any Term Loan, to fund any such participation or to make any payment hereunder 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 Term Loan, to purchase its participation or to make its payment hereunder.
Appears in 6 contracts
Samples: Credit Agreement (Sequential Brands Group, Inc.), Credit Agreement (Sequential Brands Group, Inc.), Credit Agreement (Singer Madeline Holdings, Inc.)
Obligations of Lenders Several. The obligations of the Lenders hereunder to make the Term Loans Loans, to the Borrower fund participations in Letters of Credit and to make payments are several and not joint. The failure of any Lender to make any Term Loan, to fund any such participation or to make any payment hereunder 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 Term Loan, to purchase its participation or to make its payment hereunderhereunder under.
Appears in 6 contracts
Samples: Amendment Agreement (Eastman Kodak Co), Debtor in Possession Credit Agreement (Eastman Kodak Co), Debtor in Possession Credit Agreement
Obligations of Lenders Several. The obligations of the Lenders hereunder to make the Term Loans and to the Borrower make payments hereunder are several and not joint. The failure of any Lender to make any Term Loan, to fund any participation Loan or to make any payment hereunder 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 Term Loan, to purchase its participation Loan or to make its payment hereunder.
Appears in 6 contracts
Samples: Term Loan Credit Agreement (Lands' End, Inc.), Term Loan Credit Agreement (Lands' End, Inc.), Term Loan Credit Agreement (Galaxy Gaming, Inc.)
Obligations of Lenders Several. The obligations of the Lenders hereunder to make the Term Loans to the Borrower are several and not joint. The failure of any Lender to make any Term Loan, to fund any participation or to make any payment hereunder Loan 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 Term Loan, Loan or to purchase its participation or to make its payment hereunderparticipation.
Appears in 5 contracts
Samples: Credit Agreement (JOANN Inc.), Senior Secured Super Priority Debtor in Possession Credit Agreement (JOANN Inc.), Credit Agreement (JOANN Inc.)
Obligations of Lenders Several. The obligations of the Lenders hereunder to make the Term Loans and to the Borrower make payments hereunder are several and not joint. The failure of any Lender to make any Term Loan, to fund any participation Loan or to make any payment hereunder 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 Term Loan, to purchase its participation Loan or to make its payment hereunder.
Appears in 5 contracts
Samples: Term Loan Credit Agreement, Term Loan Credit Agreement (Stein Mart Inc), Term Loan Credit Agreement (Sears Hometown & Outlet Stores, Inc.)
Obligations of Lenders Several. The obligations of the Lenders hereunder to make the Term Loans and to the Borrower make payments are several and not joint. The failure of any Lender to make any Term Loan, to fund any participation Loan or to make any payment hereunder 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 Term Loan, to purchase its participation Loan or to make its payment hereunder.
Appears in 4 contracts
Samples: Debtor in Possession Loan Agreement (Eastman Kodak Co), Debtor in Possession Loan Agreement, Debtor in Possession Loan Agreement
Obligations of Lenders Several. The obligations of the Lenders hereunder to make the Term Loans and to the Borrower make payments pursuant to § 14.7 are several and not joint. The failure of any Lender to make any Term Loan, to fund any such participation or to make any payment hereunder under § 14.7 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 Term LoanLoans, to purchase its participation or to make its payment hereunderunder § 14.7.
Appears in 2 contracts
Samples: Term Loan Agreement (CAI International, Inc.), Term Loan Agreement (CAI International, Inc.)
Obligations of Lenders Several. The obligations of the Lenders hereunder to make the Term Loans and to the Borrower make payments hereunder are several and not joint. The failure of any Lender to make any Term Loan, to fund any participation Loan or to make any payment hereunder 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 Term Loan, to purchase its participation or to make its payment hereunder.
Appears in 2 contracts
Samples: Term Loan Credit Agreement (Rh), Term Loan Credit Agreement (Rh)
Obligations of Lenders Several. The obligations of the Lenders hereunder to make the Term Loans and to the Borrower make payments hereunder are several and not joint. The failure of any Lender to make any Term Loan, to fund any participation Loan or to make any payment hereunder 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 Term Loan, to purchase its participation Loan or to make its payment hereunder.
Appears in 2 contracts
Samples: Term Loan Credit Agreement (Destination Maternity Corp), Term Loan Credit Agreement (Destination Maternity Corp)
Obligations of Lenders Several. The obligations of the Lenders hereunder to make the Term Loans and to the Borrower make payments pursuant to §14.14 are several and not joint. The failure of any Lender to make any Term Loan, to fund any such participation or to make any payment hereunder under §14.14 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 Term LoanLoans, to purchase its participation or to make its payment hereunderunder §14.14.
Appears in 2 contracts
Samples: Term Loan Agreement (CAI International, Inc.), Term Loan Agreement (CAI International, Inc.)
Obligations of Lenders Several. The obligations of the Lenders hereunder to make the Term Loans Loan and to the Borrower make payments hereunder are several and not joint. The failure of any Lender to make any Term Loan, to fund any such participation or to make any payment hereunder 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 Term Loan, to purchase its participation or to make its payment hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Rh), Credit Agreement (Rh)
Obligations of Lenders Several. The obligations of the Lenders hereunder to make its portion of the Term Loans to the Borrower Loan are several and not joint. The failure of any Lender to make any its portion of the Term Loan, to fund any participation or to make any payment hereunder Loan on any date required hereunder the Closing Date 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 portion of the Term Loan, to purchase its participation Loan or to make its payment hereunderunder Section 10.04(c).
Appears in 2 contracts
Samples: Bridge Term Loan Credit Agreement (Egl Inc), Term Loan Credit Agreement (Helen of Troy LTD)
Obligations of Lenders Several. The obligations of the Lenders hereunder to make the Term Loans and Revolving Loans, to the Borrower fund participations in Letters of Credit are several and not joint. The failure of any Lender to make any Term Loan, Loan or to fund any such participation or to make any payment hereunder 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 Term Loan, Loan or to purchase its participation or to make its payment hereunderparticipation.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (LEGALZOOM.COM, Inc.)
Obligations of Lenders Several. The obligations of the Lenders hereunder to make the Term Loans to the Borrower are several and not joint. The failure of any Lender to make any Term Loan, Loan or to fund any such participation or to make any payment hereunder 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 Term Loan, Loan or to purchase its participation or to make its payment hereunderparticipation.
Appears in 1 contract
Samples: Second Lien Credit and Guaranty Agreement (Informatica Inc.)
Obligations of Lenders Several. The obligations of the Lenders hereunder to make the Term Loans and to the Borrower make payments hereunder are several and not joint. The failure of any Lender to make any Term Loan, to fund any such participation or to make any payment hereunder 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 Term Loan, to purchase its participation or to make its payment hereunder.
Appears in 1 contract
Obligations of Lenders Several. The obligations of the Lenders hereunder to make the Term Loans and to the Borrower make payments hereunder are several and not joint. The failure of any Lender to make any Term Loan, to fund any participation Loan or to make any payment hereunder 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 Term Loan, to purchase its participation Loan(s) or to make its payment hereunder.
Appears in 1 contract
Obligations of Lenders Several. The obligations of the Lenders hereunder to make the Term Loans and to the Borrower make payments hereunder are several and not joint. The failure of any Lender to make any Term Loan, to fund any participation Loan or to make any such payment hereunder 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 Term Loan, to purchase its participation Loan or to make its payment hereunderpayments.
Appears in 1 contract
Samples: Second Lien Term Loan Facility (Horizon Lines, Inc.)
Obligations of Lenders Several. The obligations of the Lenders hereunder to make the Term Loans to the Borrower Loan are several and not joint. The failure of any Lender to make any its portion of the Term Loan, to fund any participation or to make any payment hereunder on any date required hereunder 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 portion of the Term Loan, to purchase its participation or to make its payment Loan hereunder.
Appears in 1 contract
Obligations of Lenders Several. The obligations of the Lenders hereunder to make the Term Loans to the Borrower are several and not joint. The failure of any Lender to make any Term Loan, to fund any participation its portion of the Loan or to make any payment hereunder 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 Term Loan, to purchase its participation portion of the Loan(s) or to make its payment hereunder.
Appears in 1 contract
Samples: Abl Term Loan Credit Agreement (Sportsman's Warehouse Holdings, Inc.)
Obligations of Lenders Several. The obligations of the Lenders hereunder to make the Term Loans to the Borrower are several and not joint. The failure of any Lender to make any Term Loan, a Loan required to fund any participation or to make any payment hereunder on any date required be made by it hereunder shall not relieve any other Lender of its corresponding obligation obligation, if any, hereunder to do so on such datemake any Loan, and but no Lender shall be responsible for the failure of any other Lender to so make its Term Loan, the Loan to purchase its participation or to make its payment hereunderbe made by such other Lender.
Appears in 1 contract
Samples: Senior Secured Term Credit Agreement (Duane Reade Inc)
Obligations of Lenders Several. The obligations of the Lenders hereunder to make the Delayed Draw Term Loans and to the Borrower make payments hereunder are several and not joint. The failure of any Lender to make any Term Loan, to fund any participation Loan or to make any payment hereunder 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 Term Loan, to purchase its participation Loan(s) or to make its payment hereunder.
Appears in 1 contract
Obligations of Lenders Several. The obligations of the Lenders hereunder to make the Term Loans to the Borrower are several and not joint. The failure of any Lender to make any Term Loan, a Loan required to fund any participation or to make any payment hereunder on any date required be made by it as part of the Borrowing hereunder shall not relieve any other Lender of its corresponding obligation obligation, if any, hereunder to do so make any Loan on such datethe date of the Borrowing, and but no Lender shall be responsible for the failure of any other Lender to so make its Term Loan, the Loan to purchase its participation or to make its payment hereunderbe made by such other Lender on such date of Borrowing.
Appears in 1 contract
Obligations of Lenders Several. The obligations of the Lenders hereunder to make the Term Loans Loan to the Borrower Borrowers are several and not joint. The failure of any Lender to make any the Term Loan, to fund any participation or to make any payment hereunder Loan 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 Term Loan, to purchase its participation or to make its payment Loan hereunder.
Appears in 1 contract
Obligations of Lenders Several. The obligations of the Lenders each Lender hereunder to make the Loans and to make payments pursuant to this Term Loans to the Borrower Loan Agreement are several and not joint. The failure of any Lender to make any Term Loan, to fund any participation Loans or to make any payment hereunder under this Term Loan Agreement 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 Term Loan, to purchase its participation Loans or to make its any payment hereunderunder this Term Loan Agreement.
Appears in 1 contract
Samples: Term Loan Agreement (TAL International Group, Inc.)
Obligations of Lenders Several. The obligations of the Lenders hereunder to make the Term Loans to the Borrower are several and not joint. The failure of any Lender to make any Term Loan, to fund any participation or to make any payment hereunder on any date required hereunder 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 Term Loan, to purchase its participation or to make its payment hereunder.
Appears in 1 contract
Samples: Term Loan and Guaranty Agreement (Care Capital Properties, Inc.)
Obligations of Lenders Several. The obligations of the Lenders hereunder to make the Term Committed Loans and to the Borrower make payments hereunder are several and not joint. The failure of any Lender to make any Term Loan, to fund any participation Committed Loan or to make any payment hereunder 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 Term Loan, to purchase portion of its participation Committed Loan or to make its payment hereunder.
Appears in 1 contract
Samples: Debt Agreement
Obligations of Lenders Several. The obligations of the Lenders hereunder to make the Term Loans, to fund participations in Letters of Credit and Swingline Loans to the Borrower are several and not joint. The failure of any Lender to make any Term Loan, Loan or to fund any such participation or to make any payment hereunder 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 Term Loan, Loan or to purchase its participation or to make its payment hereunderparticipation.
Appears in 1 contract
Obligations of Lenders Several. The obligations of the Lenders hereunder to make the Term Loans and to the Borrower make payments hereunder are several and not joint. The failure of any Lender to make any Term Loan, to fund any such participation or to make any payment hereunder 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 Term Loan, to purchase its participation or to make its payment hereunder.
Appears in 1 contract
Samples: Credit Agreement (Body Central Corp)