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

Obligations Several; Independent Nature of Lenders’ Rights. DAMAGE WAIVER. 133 The obligations of Lenders hereunder are several and no Lender shall be responsible for the obligations or Commitments of any other Lender hereunder. Nothing contained herein or in any other Loan Document, and no action taken by Lenders pursuant hereto or thereto, shall be deemed to constitute Lenders, or Lenders and either Credit Agreement Party, 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 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. To the extent permitted by law, each Credit Agreement Party shall not assert, and hereby waives, any claim against any Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with or as a result of this Agreement (including, without limitation, subsection 2.1C hereof), any other Loan Document, any transaction contemplated by the Loan Documents, any Loan or the use of proceeds thereof.

Obligations Several; Independent Nature of Lenders’ Rights. DAMAGE WAIVER. 133 (a) The obligations of Lenders hereunder are several and no Lender shall be responsible for the obligations or Commitments Commitment of any other Lender hereunder. . (b) Each Lender shall purchase Notes hereunder according to its Pro Rata Share of the 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 Loan Note Document, and no action taken by Lenders pursuant hereto or thereto, shall be deemed to constitute Lenders, or Lenders and either Credit Agreement Party, 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 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. To the extent permitted by law, each Credit Agreement Party shall not assert, and hereby waives, any claim against any Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with or as a result of this Agreement (including, without limitation, subsection 2.1C hereof), any other Loan Document, any transaction contemplated by the Loan Documents, any Loan or the use of proceeds thereof.

Obligations Several; Independent Nature of Lenders’ Rights. DAMAGE WAIVER. 133 The obligations of Lenders hereunder are several and no Lender shall be responsible for the obligations or Commitments Term Loan Commitment of any other Lender hereunder. Nothing contained herein or in any other Loan Document, and no action taken by Lenders pursuant hereto or thereto, shall be deemed to constitute Lenders, or Lenders and either Credit Agreement Party, 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 and, subject to Section 9.8, each Lender shall be entitled to protect and enforce its rights arising out of under this Agreement and the other 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. To the extent permitted by law, each Credit Agreement Party shall not assert, and hereby waives, any claim against any Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with or as a result of this Agreement (including, without limitation, subsection 2.1C hereof), any other Loan Document, any transaction contemplated by the Loan Documents, any Loan or the use of proceeds thereof.CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT. THE COPY FILED HEREWITH OMITS THE INFORMATION SUBJECT TO A CONFIDENTIALITY REQUEST. OMISSIONS ARE DESIGNATED [***]. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION

Obligations Several; Independent Nature of Lenders’ Rights. DAMAGE WAIVER. 133 The obligations obligation of Lenders each Lender hereunder are several is several, and no Lender shall be responsible for the obligations or Commitments of 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 herein in this Agreement or in any of the other Loan Document, Documents and no action taken by the Lenders pursuant hereto or thereto, thereto shall be deemed to constitute Lenders, or the Lenders and either Credit Agreement Party, as to be 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 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. To the extent permitted by law, each Credit Agreement Party shall not assert, and hereby waives, any claim against any Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with or as a result of this Agreement (including, without limitation, subsection 2.1C hereof), any other Loan Document, any transaction contemplated by the Loan Documents, any Loan or the use of proceeds thereof.