Obligations Several; Independent Nature of Lenders’ Rights. The obligation of each Lender hereunder is several, and no Lender shall be responsible for the obligation or commitment of any other Lender hereunder. Nothing contained in this Agreement and no action taken by Lenders pursuant hereto shall be deemed to constitute Lenders 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 each Lender shall, subject to Section 7, be entitled to protect and enforce its rights arising out of this Agreement 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: Secured Credit Agreement (Owens Illinois Inc /De/), Secured Credit Agreement (Oi Levis Park STS Inc), Secured Credit Agreement (Owens Illinois Group Inc)
Obligations Several; Independent Nature of Lenders’ Rights. The obligation of each Lender hereunder is several, and no Lender shall be responsible for the obligation or commitment of any other Lender hereunder. Nothing contained in this Agreement and no action taken by Lenders pursuant hereto shall be deemed to constitute Lenders 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 each Lender shall, subject to Section 7, shall be entitled to protect and enforce its rights arising out of this Agreement 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 (Burlington Industries Inc /De/), Credit Agreement (Borg Warner Security Corp), Credit Agreement (Blue Bird Corp)
Obligations Several; Independent Nature of Lenders’ Rights. The obligation obligations of each Lender Lenders hereunder is several, are several and no Lender shall be responsible for the obligation obligations or commitment Commitment of any other Lender hereunder. Nothing contained herein or in this Agreement any other Credit Document, and no action taken by Lenders pursuant hereto or thereto, shall be deemed to constitute Lenders to be 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 each Lender shall, subject to Section 7, shall be entitled to protect and enforce its rights arising out of this Agreement 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 (Nord Anglia Education, Inc.), Credit and Guaranty Agreement (Nord Anglia Education, Inc.)
Obligations Several; Independent Nature of Lenders’ Rights. The obligation obligations of each Lender Lenders hereunder is several, are several and no Lender shall be responsible for the obligation obligations or commitment Commitment of any other Lender hereunder. Nothing contained herein or in this Agreement any other Loan Document, and no action taken by Lenders pursuant hereto or thereto, shall be deemed to constitute Lenders to be 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 each Lender shall, subject to Section 7, shall be entitled to protect and enforce its rights arising out of this Agreement and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.. 190 NY\5627635.16
Appears in 1 contract
Obligations Several; Independent Nature of Lenders’ Rights. The obligation obligations of each Lender Lenders hereunder is several, are several and no Lender shall be responsible for the obligation obligations or commitment Commitments of any other Lender hereunder. Nothing contained herein or in this Agreement any other Loan Document, and no action taken by Lenders pursuant hereto or thereto, shall be deemed to constitute Lenders to be 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 each Lender shall, subject to Section 7, shall be entitled to protect and enforce its rights arising out of this Amended Loan Agreement 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 obligation obligations of each Lender Lenders hereunder is several, are several and no Lender shall be responsible for the obligation obligations or commitment Commitments of any other Lender hereunder. Nothing contained herein or in this Agreement any other Loan Document, and no action taken by Lenders pursuant hereto or thereto, shall be deemed to constitute Lenders to be 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 each Lender shall, subject to Section 7, shall be entitled to protect and enforce its rights arising out of this Agreement and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.. 130
Appears in 1 contract
Obligations Several; Independent Nature of Lenders’ Rights. The obligation obligations of each Lender Lenders hereunder is several, are several and no Lender shall be responsible for the obligation or commitment obligations of any other Lender hereunder. Nothing contained herein or in this Agreement any other Credit Document, and no action taken by Lenders pursuant hereto or thereto, shall be deemed to constitute Lenders to be 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 each Lender shall, subject to Section 7, shall be entitled to protect and enforce its rights arising out of this Agreement 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
Obligations Several; Independent Nature of Lenders’ Rights. The obligation obligations of each Lender Lenders hereunder is several, are several and no Lender shall be responsible for the obligation obligations or commitment Commitments of any other Lender hereunder. Nothing contained herein or in this Agreement any other Credit Document, and no action taken by Lenders pursuant hereto or thereto, shall be deemed to constitute Lenders to be 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 each Lender shall, subject to Section 7, shall be entitled to protect and enforce its rights arising out of this Agreement 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 Guaranty Agreement (Allegiance Telecom Inc)
Obligations Several; Independent Nature of Lenders’ Rights. The obligation of each Lender hereunder is several, and no Lender shall be responsible for the obligation or commitment commit- ment of any other Lender hereunder. Nothing contained in this Agreement and no action taken by Lenders pursuant hereto shall be deemed to constitute Lenders 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 each Lender shall, subject to Section 7, shall be entitled to protect and enforce its rights arising out of this Agreement and it shall not be necessary for any other Lender to be joined as an additional addi- tional party in any proceeding for such purpose.
Appears in 1 contract
Samples: Possession Credit Agreement (Wherehouse Entertainment Inc)
Obligations Several; Independent Nature of Lenders’ Rights. The obligation obligations of each Lender Lenders hereunder is several, are several and no Lender shall be responsible for the obligation obligations or commitment Commitments of any other Lender hereunder. Nothing contained herein or in this Agreement any other Loan Document, and no action taken by Lenders pursuant hereto or thereto, shall be deemed to constitute Lenders to be 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 each Lender shall, subject to Section 7, shall be entitled to protect and enforce its rights arising out of this Agreement and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.. 82 -76-
Appears in 1 contract
Samples: Credit Agreement (Atlas Air Inc)
Obligations Several; Independent Nature of Lenders’ Rights. The obligation obligations of each Lender Lenders hereunder is several, are several and no Lender shall be responsible for the obligation obligations or commitment Commitments of any other Lender hereunder. Nothing contained 140 herein or in this Agreement any other Loan Document, and no action taken by Lenders pursuant hereto or thereto, shall be deemed to constitute Lenders to be 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 each Lender shall, subject to Section 7, shall be entitled to protect and enforce its rights arising out of this Agreement 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 obligation obligations of each Lender Lenders hereunder is several, are several and no Lender shall be responsible for the obligation obligations or commitment Commitments of any other Lender hereunder. Nothing contained herein or in this Agreement any other Loan Document, and no action taken by Lenders pursuant hereto or thereto, shall be deemed to constitute Lenders to be 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 each Lender shall, subject to Section 7, shall be entitled to protect and enforce its rights arising out of this Agreement and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.. 10.14
Appears in 1 contract
Obligations Several; Independent Nature of Lenders’ Rights. The obligation obligations of each Lender Lenders hereunder is several, are several and no Lender shall be responsible for the obligation obligations or commitment Revolver Commitment of any other Lender hereunder. Nothing contained herein or in this Agreement any other Loan Document, and no action taken by Lenders pursuant hereto or thereto, shall be deemed to constitute Lenders to be 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 each Lender shall, subject to Section 7, shall be entitled to protect and enforce its rights 144 arising out of this Agreement 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
Obligations Several; Independent Nature of Lenders’ Rights. The obligation obligations of each Lender Lenders hereunder is several, are several and no Lender shall be responsible for the obligation or commitment obligations of any other Lender hereunder. Nothing contained herein or in this Agreement any other Loan Documents, and no action taken by Lenders pursuant hereto or thereto, shall be deemed to constitute Lenders to be 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 each Lender shall, subject to Section 7, shall be entitled to protect and enforce its rights arising out of this Agreement 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: Purchase Agreement (Prommis Solutions Holding Corp.)
Obligations Several; Independent Nature of Lenders’ Rights. The obligation of each Lender hereunder is several, and no Lender shall be responsible for the obligation or commitment of any other Lender hereunder. Nothing contained in this Agreement and no action taken by Lenders pursuant hereto shall be deemed to constitute Lenders 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 each Lender shall, subject to Section 7, be entitled to protect and enforce its rights arising out of this Agreement and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.. 176
Appears in 1 contract
Obligations Several; Independent Nature of Lenders’ Rights. The obligation of each Lender hereunder is several, and no Lender shall be responsible for the obligation or commitment of any other Lender hereunder. Nothing contained in this Agreement and no action taken by Lenders pursuant hereto shall be deemed to constitute Lenders 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 each Lender shall, subject to Section 7, be entitled to protect and enforce its rights arising out of this Agreement and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.. 192
Appears in 1 contract
Obligations Several; Independent Nature of Lenders’ Rights. The obligation obligations of each Lender Lenders hereunder is several, are several and no Lender shall be responsible for the obligation or commitment obligations of any other Lender hereunder. Nothing contained herein or in this Agreement any other Credit Document, and no action taken by Lenders pursuant hereto or thereto, shall be deemed to constitute Lenders to be 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 each Lender shall, subject to Section 7, shall be entitled to protect and enforce its rights arising out of this Agreement hereof and it 108 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 obligation obligations of each Lender Lenders hereunder is several, are several and no Lender shall be responsible for the obligation obligations or commitment Commitments of any other Lender hereunder. Nothing contained herein or in this Agreement any other Loan Document, and no action taken by Lenders pursuant hereto or thereto, shall be deemed to constitute Lenders to be 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 each Lender shall, subject to Section 7, shall be entitled to protect and enforce its rights arising out of this Agreement and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.. 143
Appears in 1 contract
