Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, subject to Section 10.10(c), each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 14 contracts
Samples: Credit Agreement (Ebix Inc), Credit Agreement (Ebix Inc), Credit Agreement (Viemed Healthcare, Inc.)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Loan Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, subject to Section 10.10(c)9.8, each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Loan Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 9 contracts
Samples: Financing Agreement (Tg Therapeutics, Inc.), Financing Agreement (Fibrogen Inc), Financing Agreement (Apellis Pharmaceuticals, Inc.)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, subject to Section 10.10(c10.10(b), each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 9 contracts
Samples: Credit Agreement (Healthpeak Properties, Inc.), Credit Agreement (Healthpeak Properties, Inc.), Credit Agreement (Healthpeak Properties, Inc.)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, subject to Section 10.10(c10.9(d), each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 8 contracts
Samples: Credit Agreement (BurgerFi International, Inc.), Credit Agreement (Computer Programs & Systems Inc), Credit Agreement (BurgerFi International, Inc.)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Term Loan Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, subject to Section 10.10(c)9.7, each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 7 contracts
Samples: Credit and Guaranty Agreement (fuboTV Inc. /FL), Credit and Guaranty Agreement (FaceBank Group, Inc.), Credit Agreement (AMC Networks Inc.)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations obligation of the Lenders each Lender hereunder are several is several, and no Lender shall be responsible for the obligations obligation or Revolving Commitment commitment of any other Lender hereunder. Nothing contained herein in this Agreement or in any of the other Credit Document, Financing Agreements and no action taken by the Lenders pursuant hereto or thereto, thereto shall be deemed to constitute the Lenders as to be a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, and subject to Section 10.10(c)14.3 hereof, each Lender shall be entitled to protect and enforce its rights arising under out of this Agreement and the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 7 contracts
Samples: Loan and Security Agreement (Nci Building Systems Inc), Loan and Security Agreement (CPG International Inc.), Term Loan and Security Agreement (CPG International Inc.)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, subject to Section 10.10(c), and each Lender shall be entitled to protect and enforce its rights arising under out of this Agreement and the other Credit Documents and it shall not be necessary for any Agent or any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 5 contracts
Samples: Credit and Guaranty Agreement (Hologic Inc), Credit and Guaranty Agreement (Gen Probe Inc), Credit and Guaranty Agreement (Hologic Inc)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, subject to Section 10.10(c), and each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 5 contracts
Samples: Credit Agreement (Protective Life Insurance Co), Credit Agreement (Protective Life Insurance Co), Credit Agreement (Hibbett Inc)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders each Lender hereunder are several several, and no Lender shall be responsible for the obligations or Revolving Commitment commitment of any other Lender hereunder. Nothing contained herein in this Agreement or in any of the other Credit Document, Financing Agreements and no action taken by the Lenders pursuant hereto or thereto, thereto shall be deemed to constitute the Lenders as to be a partnership, an as association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, and subject to Section 10.10(c)11.13(f) hereof, each Lender shall be entitled to protect and enforce its rights arising under out of this Agreement and the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 4 contracts
Samples: Credit Agreement (Imax Corp), Credit Agreement (Imax Corp), Credit Agreement (Imax Corp)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations obligation of the Lenders each Lender hereunder are several is several, and no Lender shall be responsible for the obligations obligation or Revolving Commitment commitment of any other Lender hereunder. Nothing contained herein in this Agreement or in any of the other Credit Document, Loan Documents and no action taken by the Lenders pursuant hereto or thereto, thereto shall be deemed to constitute the Lenders as to be a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, and subject to Section 10.10(c)14.3 hereof, each Lender shall be entitled to protect and enforce its rights arising under out of this Agreement and the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 4 contracts
Samples: Loan and Security Agreement (Nu Horizons Electronics Corp), Loan and Security Agreement (Associated Materials, LLC), Loan and Security Agreement (Amh Holdings, LLC)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders (which term shall include each Issuing Bank for purposes of this Section 9.12) hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Financing Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture Joint Venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, subject to Section 10.10(c), and each Lender shall be entitled to protect and (subject to the provisions hereof) enforce its rights arising under this Agreement and the other Credit Documents out hereof and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 4 contracts
Samples: Revolving Credit Agreement (Cheniere Energy, Inc.), Revolving Credit Agreement (Cheniere Energy, Inc.), Revolving Credit Agreement (Cheniere Energy Inc)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders each Lender hereunder are several several, and no Lender shall be responsible for the obligations or Revolving Commitment commitment of any other Lender hereunder. Nothing contained herein in this Agreement or in any of the other Credit Document, Financing Agreements and no action taken by the Lenders pursuant hereto or thereto, thereto shall be deemed to constitute the Lenders as to be a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, and subject to Section 10.10(c)11.13(f) hereof, each Lender shall be entitled to protect and enforce its rights arising under out of this Agreement and the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 4 contracts
Samples: Credit Agreement (Imax Corp), Credit Agreement (Imax Corp), Credit Agreement (Imax Corp)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Loan Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, subject to Section 10.10(c), each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Loan Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 4 contracts
Samples: Credit Agreement (AdaptHealth Corp.), Credit Agreement (AdaptHealth Corp.), Credit Agreement (AdaptHealth Corp.)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations obligation of the Lenders each Lender hereunder are several is several, and no Lender shall be responsible for the obligations obligation or Revolving Commitment of any other Lender hereunder. Nothing contained herein in this Agreement or in any of the other Credit Document, Financing Agreements and no action taken by the Lenders pursuant hereto or thereto, thereto shall be deemed to constitute the Lenders as to be a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, and subject to Section 10.10(c)12.3 hereof, each Lender shall be entitled to protect and enforce its rights arising under out of this Agreement and the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 4 contracts
Samples: Loan and Security Agreement (Franchise Group, Inc.), Loan and Security Agreement (Franchise Group, Inc.), Loan and Security Agreement (Vitamin Shoppe, Inc.)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment or Term Loan Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, subject to Section 10.10(c)10.9, each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 4 contracts
Samples: Credit Agreement (Orion Group Holdings Inc), Credit Agreement (Orion Group Holdings Inc), Credit Agreement (Orion Group Holdings Inc)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment Commitments or representations of any other Lender hereunder. Nothing contained herein or in any other Credit Loan Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, subject to Section 10.10(c), and each Lender shall be entitled to protect and enforce its rights arising under out of this Agreement and Agreement, subject to the other Credit Documents second sentence of subsection 9.6 and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 4 contracts
Samples: Ff&e Facility Credit Agreement (Las Vegas Sands Corp), Credit Agreement (Las Vegas Sands Corp), Credit Agreement (Las Vegas Sands Inc)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment Commitments of any other Lender hereunder. Nothing contained herein or in any other Credit Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, subject to Section 10.10(c9.8(b), each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Documents out hereof and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (Simmons Co), Credit and Guaranty Agreement (Simmons Bedding Co), Credit and Guaranty Agreement (Simmons Co /Ga/)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations obligation of the Lenders each Lender hereunder are several is several, and no Lender shall be responsible for the obligations obligation or Revolving Commitment commitment of any other Lender hereunder. Nothing contained herein in this Agreement or in any of the other Credit Document, Financing Agreements and no action taken by the Lenders pursuant hereto or thereto, thereto shall be deemed to constitute the Lenders as to be a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, and subject to Section 10.10(c)12 hereof, each Lender shall be entitled to protect and enforce its rights arising under out of this Agreement and the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 3 contracts
Samples: Loan and Security Agreement (BlueLinx Holdings Inc.), Loan and Security Agreement (BlueLinx Holdings Inc.), Loan and Security Agreement (BlueLinx Holdings Inc.)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Term Loan Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Loan Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, subject to Section 10.10(c)9.8, each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Loan Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 3 contracts
Samples: Financing Agreement (BridgeBio Pharma, Inc.), Financing Agreement (BridgeBio Pharma, Inc.), Financing Agreement (Biohaven Pharmaceutical Holding Co Ltd.)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Loan Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, subject to Section 10.10(c11.10(d), each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Loan Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 3 contracts
Samples: Loan and Security Agreement (Guardian Pharmacy Services, Inc.), Loan and Security Agreement (Guardian Pharmacy Services, Inc.), Loan and Security Agreement (Guardian Pharmacy Services, Inc.)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, subject to Section 10.10(c10.1(b), each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 3 contracts
Samples: Credit Agreement (Pfsweb Inc), Credit Agreement (Pfsweb Inc), Credit Agreement (Pike Electric CORP)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, subject to Section 10.10(c)9.8, each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (AvidXchange Holdings, Inc.), Credit and Guaranty Agreement (Aurora Diagnostics Holdings LLC)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations obligation of the Lenders each Lender hereunder are several is several, and no Lender shall be responsible for the obligations obligation or Revolving Commitment commitment of any other Lender hereunder. Nothing contained herein in this Agreement or in any of the other Credit Document, Loan Documents and no action taken by the Lenders pursuant hereto or thereto, thereto shall be deemed to constitute the Lenders as to be a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, and subject to Section 10.10(c)13.4 hereof, each Lender shall be entitled to protect and enforce its rights arising under out of this Agreement and the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 2 contracts
Samples: Loan and Security Agreement (Louisiana-Pacific Corp), Loan and Security Agreement (Louisiana-Pacific Corp)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations obligation of the Lenders each Lender hereunder are several is several, and no Lender shall be responsible for the obligations obligation or Revolving Commitment commitment of any other Lender hereunder. Nothing contained herein in this Agreement or in any of the other Credit Document, Financing Agreements and no action taken by the Lenders pursuant hereto or thereto, thereto shall be deemed to constitute the Lenders as to be a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, and subject to Section 10.10(c)SECTION 12.3 hereof, each Lender shall be entitled to protect and enforce its rights arising under out of this Agreement and the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 2 contracts
Samples: Loan and Security Agreement (Kirklands Inc), Loan and Security Agreement (Kirklands Inc)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, subject to Section 10.10(c)10.9, each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 2 contracts
Samples: Credit Agreement (FutureFuel Corp.), Credit Agreement (FutureFuel Corp.)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations obligation of the Lenders each Lender hereunder are several is several, and no Lender shall be responsible for the obligations obligation or Revolving Commitment commitment of any other Lender hereunder. Nothing contained herein in this Agreement or in any of the other Credit Document, Financing Agreements and no action taken by the Lenders pursuant hereto or thereto, thereto shall be deemed to constitute the Lenders as to be a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, and subject to Section 10.10(c)12.13 hereof, each Lender shall be entitled to protect and enforce its rights arising under out of this Agreement and the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 2 contracts
Samples: Loan and Security Agreement (Jazz Technologies, Inc.), Loan and Security Agreement (Jazz Technologies, Inc.)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders (which term shall include Issuing Bank for purposes of this Section 10.13) hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture Joint Venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, subject to Section 10.10(c), and each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Documents out hereof and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 2 contracts
Samples: Senior Secured Debtor in Possession Term Loan and Guaranty Agreement (Dura Automotive Systems Inc), Senior Secured Revolving Credit and Guaranty Agreement (Dura Automotive Systems Inc)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment Commitments of any other Lender hereunder. Nothing contained herein or in any other Credit Loan Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, and subject to Section 10.10(c), the provisions of this Agreement and the other Loan Documents each Lender shall be entitled to protect and enforce its rights arising under out of this 128 Agreement and the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 2 contracts
Samples: Credit Agreement (Petco Animal Supplies Inc), Credit Agreement (Petco Animal Supplies Inc)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations obligation of the Lenders each Lender hereunder are several is several, and no Lender shall be responsible for the obligations obligation or Revolving Commitment commitment of any other Lender hereunder. Nothing contained herein in this Agreement or in any of the other Credit Document, Loan Documents and no action taken by the Lenders pursuant hereto or thereto, thereto shall be deemed to constitute the Lenders as to be a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, and subject to Section 10.10(c)12.3, each Lender shall be entitled to protect and enforce its rights arising under out of this Agreement and the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 2 contracts
Samples: Loan and Security Agreement (Mohawk Industries Inc), Loan and Security Agreement (Mohawk Industries Inc)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, and subject to the final paragraph of Section 10.10(c8 and Section 9.8(b), each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Documents hereunder and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 2 contracts
Samples: Second Amendment (DynCorp International Inc), Credit and Guaranty Agreement (Services International LLC)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations obligation of the Lenders each Lender hereunder are several is several, and no Lender shall be responsible for the obligations obligation or Revolving the Term Loan Commitment of any other Lender hereunder. Nothing contained herein in this Agreement or in any of the other Credit Document, Financing Agreements and no action taken by the Lenders pursuant hereto or thereto, thereto shall be deemed to constitute the Lenders as to be a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, and subject to Section 10.10(c)12.3 hereof, each Lender shall be entitled to protect and enforce its rights arising under out of this Agreement and the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 2 contracts
Samples: Loan and Security Agreement (Franchise Group, Inc.), Loan and Security Agreement (Franchise Group, Inc.)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, subject to Section 10.10(c), and each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Documents hereunder and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (CVR Energy Inc), Credit and Guaranty Agreement (CVR Partners, Lp)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment Commitments or representations of any other Lender hereunder. Nothing contained herein or in any other Credit Loan Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, subject to Section 10.10(c), and each Lender shall be entitled to protect and enforce its rights arising under out of this Agreement and Agreement, subject to the other Credit Documents second sentence of subsection 8.6 and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 2 contracts
Samples: Construction Loan Agreement (Las Vegas Sands Inc), Construction Loan Agreement (Las Vegas Sands Corp)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, subject to the final paragraph of Section 10.10(c)8 and Section 10.8(b) or as otherwise expressly provided in this Agreement, each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Documents hereunder and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 2 contracts
Samples: Revolving Credit and Guaranty Agreement (NewPage CORP), Revolving Credit and Guaranty Agreement (NewPage CORP)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations obligation of the Lenders each Lender hereunder are several is several, and no Lender shall be responsible for the obligations obligation or Revolving Commitment commitment of any other Lender hereunder. Nothing contained herein in this Agreement or in any of the other Credit Document, Financing Agreements and no action taken by the Lenders pursuant hereto or thereto, thereto shall be deemed to constitute the Lenders as to be a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, and subject to Section 10.10(c)12.3 hereof, each Lender shall be entitled to protect and enforce its rights arising under out of this Agreement and the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 1 contract
Samples: Us Loan Agreement (SMTC Corp)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, subject to Section 10.10(c9.10(d), each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 1 contract
Samples: Credit Agreement (Heckmann CORP)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment Commitments of any other Lender hereunder. Nothing contained herein or in any other Credit Loan Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The Subject to the provisions of Section 9.7 the amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, subject to Section 10.10(c), and each Lender shall be entitled to protect and enforce its rights arising under out of this Agreement and the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 1 contract
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders (which term shall include each Issuing Bank for purposes of this Section 10.12) hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Financing Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture Joint Venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, subject to Section 10.10(c), and each Lender shall be entitled to protect and (subject to the provisions hereof) enforce its rights arising under this Agreement and the other Credit Documents out hereof and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Cheniere Energy Partners, L.P.)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment Commitments or representations of any other Lender hereunder. Nothing contained herein or in any other Credit Loan Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, subject to Section 10.10(c), and each Lender shall be entitled to protect and enforce its rights arising under out of this Agreement and Agreement, subject to the other Credit Documents third sentence of subsection 9.6 and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 1 contract
Obligations Several; Independent Nature of Lenders’ Rights. The obligations obligation of the Lenders each Lender hereunder are several is several; and no Lender shall be responsible for the obligations obligation or Revolving Commitment commitment of any other Lender hereunder. Nothing contained herein in this Agreement or in any of the other Credit Document, Loan Documents and no action taken by the Lenders pursuant hereto or thereto, thereto shall be deemed to constitute the Lenders as to be a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, and subject to Section 10.10(c)11.3 hereof, each Lender shall be entitled to protect and enforce its rights arising under out of this Agreement and the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 1 contract
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, subject to Section 10.10(c)8.8, each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 1 contract
Obligations Several; Independent Nature of Lenders’ Rights. The obligations obligation of the Lenders each Lender hereunder are several is several, and no Lender shall be responsible for the obligations obligation or Revolving Commitment commitment of any other Lender hereunder. Nothing contained herein in this Agreement or in any of the other Credit Document, Loan Documents and no action taken by the Lenders pursuant hereto or thereto, thereto shall be deemed to constitute the Lenders as to be a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, and subject to Section 10.10(c)6.3 hereof, each Lender shall be entitled to protect and enforce its rights arising under out of this Agreement and the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 1 contract
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Term Loan Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Loan Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to - 128 - US-DOCS\116826573.25 constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, subject to Section 10.10(c)9.8, each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Loan Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 1 contract
Samples: Financing Agreement (Biohaven Pharmaceutical Holding Co Ltd.)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations obligation of the Lenders each Lender hereunder are several is several, and no Lender shall be responsible for the obligations obligation or Revolving Commitment -61- commitment of any other Lender hereunder. Nothing contained herein in this Agreement or in any of the other Credit Document, Financing Agreements and no action taken by the Lenders pursuant hereto or thereto, thereto shall be deemed to constitute the Lenders as to be a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, and subject to Section 10.10(c)12.3 hereof, each Lender shall be entitled to protect and enforce its rights arising under out of this Agreement and the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 1 contract
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment Commitments of any other Lender hereunder. Nothing 152 contained herein or in any other Credit Loan Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders, or Lenders and Borrower, as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, subject to Section 10.10(c), and each Lender shall be entitled to protect and enforce its rights arising under out of this Agreement and the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 1 contract
Samples: Credit Agreement (Joy Global Inc)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment Commitments of any other Lender hereunder. Nothing contained herein or in any other Credit Loan Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, subject to Section 10.10(c)9, each Lender shall be entitled to protect and enforce its rights arising under out of this Agreement and the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 1 contract
Obligations Several; Independent Nature of Lenders’ Rights. The obligations ---------------------------------------------------------- obligation of the Lenders each Lender hereunder are several is several, and no Lender shall be responsible for the obligations obligation or Revolving Commitment commitment of any other Lender hereunder. Nothing contained herein in this Agreement or in any of the other Credit Document, Financing Agreements and no action taken by the Lenders pursuant hereto or thereto, thereto shall be deemed to constitute the Lenders as to be a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, and subject to Section 10.10(c)12.3 hereof, each Lender shall be entitled to protect and enforce its rights arising under out of this Agreement and the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 1 contract
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Loan Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, subject to Section 10.10(c)10.8, each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Loan Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 1 contract
Samples: Financing Agreement (Global Geophysical Services Inc)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations obligation of the Lenders each Lender hereunder are several is several, and no Lender shall be responsible for the obligations obligation or Revolving Commitment commitment of any other Lender hereunder. Nothing contained herein in this Agreement or in any of the other Credit Document, Financing Agreements and no action taken by the Lenders pursuant hereto or thereto, thereto shall be deemed to constitute the Lenders as to be a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, and subject to Section 10.10(c)13.3 hereof, each Lender shall be entitled to protect and enforce its rights arising under out of this Agreement and the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 1 contract
Samples: Loan and Security Agreement (Westpoint Stevens Inc)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving the Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, subject to Section 10.10(c), and each Lender shall be entitled to protect and enforce its rights arising under this Agreement and out of the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 1 contract
Obligations Several; Independent Nature of Lenders’ Rights. The obligations obligation of the Lenders each Lender hereunder are several is several, and no Lender shall be responsible for the obligations obligation or Revolving Commitment commitment of any other Lender hereunder. Nothing contained herein in this Agreement or in any of the other Credit Document, Financing Agreements and no action taken by the Lenders pursuant hereto or thereto, thereto shall be deemed to constitute the Lenders as to be a partnership, an association, a joint venture or any other kind of entity, and this sentence may not be amended or superseded without the consent of all Lenders. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, and subject to Section 10.10(c)12.3(b) hereof, each Lender shall be entitled to protect and enforce its rights arising under out of this Agreement and the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 1 contract
Samples: Term Loan and Security Agreement (Trailer Bridge Inc)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several several, and no Lender shall be responsible for the obligations or Revolving Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Loan Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture venture, or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, subject to Section 10.10(c)9.08, each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Documents Loan Documents, and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 1 contract
Samples: Second Lien Credit Agreement (Great Lakes Dredge & Dock CORP)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations obligation of the Lenders each Lender hereunder are several is several, and no Lender shall be responsible for the obligations obligation or Revolving Commitment commitment of any other Lender hereunder. Nothing contained herein in this Agreement or in any of the other Credit Document, Loan Documents and no action taken by the Lenders pursuant hereto or thereto, thereto shall be deemed to constitute the Lenders as to be a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, and subject to Section 10.10(c)9.09 hereof, each Lender shall be entitled to protect and enforce its rights arising under out of this Agreement and the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 1 contract
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment Commitments or representations of any other Lender hereunder. Nothing contained herein or in any other Credit Loan Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, subject to Section 10.10(c), and each Lender shall be entitled to protect and enforce its rights arising under out of this Agreement and Agreement, subject to the other Credit Documents fourth sentence of subsection 9.6 and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 1 contract
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, subject to Section 10.10(c), and each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 1 contract
Samples: Credit Agreement
Obligations Several; Independent Nature of Lenders’ Rights. The obligations obligation of the Lenders each Lender hereunder are several is several, and no Lender shall be responsible for the obligations obligation or Revolving Commitment commitment of any other Lender hereunder. Nothing contained herein in this Agreement or in any of the other Credit Document, Loan Documents and no action taken by the Lenders pursuant hereto or thereto, thereto shall be deemed to constitute the Lenders as to be a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, and subject to Section 10.10(c)14.4 hereof, each Lender shall be entitled to protect and enforce its rights arising under out of this Agreement and the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 1 contract
Samples: Loan and Security Agreement (Adc Telecommunications Inc)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations obligation of the Lenders each Lender hereunder are several is several, and no Lender shall be responsible for the obligations obligation or Revolving Commitment commitment of any other Lender hereunder. Nothing contained herein in this Agreement or in any of the other Credit Document, Financing Agreements and no action taken by the Lenders pursuant hereto or thereto, thereto shall be deemed to constitute the Lenders as to be a partnership, an association, a joint venture or any other kind of entity, and this sentence may not be amended or superseded without the consent of all Lenders. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, and subject to Section 10.10(c)12.3 hereof, each Lender shall be entitled to protect and enforce its rights arising under out of this Agreement and the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 1 contract
Obligations Several; Independent Nature of Lenders’ Rights. The obligations obligation of the Lenders each Lender hereunder are several is several, and no Lender shall be responsible for the obligations obligation or Revolving Commitment commitment of any other Lender hereunder. Nothing contained herein in this Agreement or in any of the other Credit Document, Financing Agreements and no action taken by the Lenders pursuant hereto or thereto, thereto shall be deemed to constitute the Lenders as to be a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, and subject to Section 10.10(c)12.12 hereof, each Lender shall be entitled to protect and enforce its rights arising under out of this Agreement and the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 1 contract
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment Commitments of any other Lender hereunder. Nothing contained herein or in any other Credit Loan Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, subject to Section 10.10(c)subsection 9.6, each Lender shall be entitled to protect and enforce its rights arising under out of this Agreement and the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 1 contract
Samples: Credit Agreement (Arterial Vascular Engineering Inc)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Loan Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, subject to Section 10.10(c)9.8, each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Loan Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 1 contract
Samples: Credit Agreement (Keypath Education International, Inc.)
Obligations Several; Independent Nature of Lenders’ Rights. The In the event there is ever more than one Lender under this Agreement, the obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Transaction Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, subject to Section 10.10(c9.04(b), each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Transaction Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 1 contract
Samples: Revolving Loan and Security Agreement (Freedom Financial Group Inc)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, and (subject to Section 10.10(c10.08(b)), each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Documents herefrom and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 1 contract
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Term Loan Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, subject to Section 10.10(c), and each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 1 contract
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Loan Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, subject to Section 10.10(c)1.8 of Appendix C, each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Loan Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 1 contract
Samples: Financing Agreement (Model N, Inc.)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, subject to Section 10.10(c10.10(d), each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 1 contract
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several several, and no Lender shall be responsible for the obligations or Revolving Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, subject to Section 10.10(c9.8(b), each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Documents hereunder, and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 1 contract
Samples: Credit and Guarantee Agreement (AutoTrader Group, Inc.)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders (which term shall include each Issuing Bank for purposes of this Section 10.13) hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Financing Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture Joint Venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, subject to Section 10.10(c), and each Lender shall be entitled to protect and (subject to the provisions hereof) enforce its rights arising under this Agreement and the other Credit Documents out hereof and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Cheniere Energy Partners, L.P.)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, subject to Section 10.10(c10.10(d), each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 1 contract
Samples: Credit Agreement (Earthlink Inc)
Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, subject to Section 10.10(c), each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
Appears in 1 contract
