Common use of Obligations Several; Independent Nature of Lenders’ Rights Clause in Contracts

Obligations Several; Independent Nature of Lenders’ Rights. The obligation of each Lender hereunder is several, and no Lender shall be responsible for any default by any other Lender in the other Lender’s obligation to make a Loan requested (or deemed requested) hereunder nor shall the Commitment of any Lender be increased or decreased as a result of the default by any other Lender in the other Lender’s obligation to make a Loan hereunder. Nothing contained in this Agreement or any of the other Loan Documents and no action taken by the Lenders pursuant hereto or thereto shall be deemed to constitute the 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 subject to Section 12.3, each Lender 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.

Obligations Several; Independent Nature of Lenders’ Rights. The obligation obligations of Lenders (which term shall include each L/C Issuer and Swing Line Lender for purposes of this Section 10.12) hereunder is several, are several and no Lender shall be responsible for any default by the obligations or Commitment of any other Lender in the other Lender’s obligation to make a Loan requested (or deemed requested) hereunder nor shall the Commitment of any Lender be increased or decreased as a result of the default by any other Lender in the other Lender’s obligation to make a Loan hereunder. Nothing contained herein or in this Agreement or any of the other Loan Documents Credit Document, and no action taken by the Lenders pursuant hereto or thereto thereto, shall be deemed to constitute the 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 subject to Section 12.3, each Lender shall be entitled to protect and (subject to the provisions hereof) 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.

Obligations Several; Independent Nature of Lenders’ Rights. The obligation obligations of Lenders (which term shall include each Lender Issuing Bank for purposes of this Section 10.13 (Obligations Several; Independent Nature of Lenders’ Rights)) hereunder is several, are several and no Lender shall be responsible for any default by the obligations or Revolving Commitment of any other Lender in the other Lender’s obligation to make a Loan requested (or deemed requested) hereunder nor shall the Commitment of any Lender be increased or decreased as a result of the default by any other Lender in the other Lender’s obligation to make a Loan hereunder. Nothing contained herein or in this Agreement or any of the other Loan Documents Financing Document, and no action taken by the Lenders pursuant hereto or thereto thereto, shall be deemed to constitute the Lenders to be 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 12.3, each Lender shall be entitled to protect and (subject to the provisions hereof) 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.

Obligations Several; Independent Nature of Lenders’ Rights. (a) The obligation obligations of each Lender Lenders hereunder is several, are several and no Lender shall be responsible for any default by the obligations or Commitment of any other Lender in the other Lender’s obligation hereunder. (b) Each Lender shall purchase Notes hereunder according to make a Loan requested (or deemed requested) hereunder nor shall the Commitment of any Lender be increased or decreased as a result its Pro Rata Share of the default by Commitments and the Company shall make each payment or prepayment of principal of the Notes or of interest on the Notes to the Lenders in accordance with their Pro Rata Share of the Commitments. (c) Nothing contained herein or in any other Lender in the other Lender’s obligation to make a Loan hereunder. Nothing contained in this Agreement or any of the other Loan Documents Note Document, and no action taken by the Lenders pursuant hereto or thereto thereto, shall be deemed to constitute the 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 subject to Section 12.3, each Lender 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.

Obligations Several; Independent Nature of Lenders’ Rights. The obligation of each Lender hereunder is several, and no Lender shall be responsible for any default by any other Lender in the other Lender’s obligation to make a Term Loan requested (or deemed requested) hereunder nor shall the Term Loan Commitment of any Lender be increased or decreased as a result of the default by any other Lender in the other Lender’s obligation to make a Term Loan hereunder. Nothing contained in this Agreement or any of the other Loan Documents and no action taken by the Lenders pursuant hereto or thereto shall be deemed to constitute the 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 subject to Section 12.3, each Lender 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.

Obligations Several; Independent Nature of Lenders’ Rights. 13 Obligations Several; Independent Nature of Lenders' RightsObligations 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 any default by the obligations or Commitments of any other Lender in the other Lender’s obligation to make a Loan requested (or deemed requested) hereunder nor shall the Commitment of any Lender be increased or decreased as a result of the default by any other Lender in the other Lender’s obligation to make a Loan hereunder. Nothing contained herein or in this Agreement or any of the other Loan Documents Document, and no action taken by the Lenders pursuant hereto or thereto thereto, shall be deemed to constitute the 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 subject to Section 12.3, each Lender 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.