Common use of Primary Obligation; Waiver of Marshaling Clause in Contracts

Primary Obligation; Waiver of Marshaling. This Agreement and the Loan Documents to which Borrowers are a party are a primary and original obligation of each Borrower, are not the creation of a surety relationship, and are an absolute, unconditional, and continuing promise of payment and performance which shall remain in full force and effect without respect to future changes in conditions, including any change of law or any invalidity or irregularity with respect to this Agreement or the Loan Documents to which Borrowers are a party. Each Borrower agrees that its liability under this Agreement and the Loan Documents which Borrowers are a party shall be immediate and shall not be contingent upon the exercise or enforcement by Bank of whatever remedies they may have against the other Borrowers, or the enforcement of any lien or realization upon any security Bank may at any time possess. Each Borrower consents and agrees that Bank shall be under no obligation to marshal any assets of any Borrower against or in payment of any or all of the Obligations.

Primary Obligation; Waiver of Marshaling. This Agreement and the Loan Documents to which Borrowers are a party are a primary and original obligation of each Borrower, are not the creation of a surety relationship, and are an absolute, unconditional, and continuing promise of payment and performance which shall remain in full force and effect without respect to future changes in conditions, including any change of law or any invalidity or irregularity with respect to this Agreement or the Loan Documents to which Borrowers are a party. Each Borrower agrees that its liability under this Agreement and the Loan Documents which Borrowers are a party shall be immediate and shall not be contingent upon the exercise or enforcement by Bank Lender of whatever remedies they may have against the other Borrowers, or the enforcement of any lien or realization upon any security Bank Lender may at any time possess. Each Borrower consents and agrees that Bank Lender shall be under no obligation to marshal any assets of any Borrower against or in payment of any or all of the Obligations.

Primary Obligation; Waiver of Marshaling. This Agreement and the Loan Documents related documents to which Borrowers are a party are a primary and original obligation of each Borrower, are not the creation of a surety relationship, and are an absolute, unconditional, and continuing promise of payment and performance which shall remain in full force and effect without respect to future changes in conditions, including any change of law or any invalidity or irregularity with respect to this Agreement or the Loan Documents related documents to which Borrowers are a party. Each Borrower agrees that its liability under this Agreement and the Loan Documents related documents which Borrowers are a party shall be immediate and shall not be contingent upon the exercise or enforcement by Bank Lender of whatever remedies they may have against the other Borrowers, or the enforcement of any lien or realization upon any security Bank Lender may at any time possess. Each Borrower consents and agrees that Bank Lender shall be under no obligation to marshal any assets of any Borrower against or in payment of any or all of the Obligations.

Primary Obligation; Waiver of Marshaling. This Agreement and the Loan Documents to which Borrowers are a party are a primary and original obligation of each Borrower, are not the creation of a surety relationship, and are an absolute, unconditional, and continuing promise of payment and performance which shall remain in full force and effect without respect to future changes in conditions, including any change of law or any invalidity or irregularity with respect to this Agreement or the Loan Documents to which Borrowers are a party. Each Borrower agrees that its liability under this Agreement and the Loan Documents which Borrowers are a party shall be immediate and shall not be contingent upon the exercise or enforcement by Bank Agent or any Lender of whatever remedies they may have against the other Borrowers, or the enforcement of any lien or realization upon any security Bank Agent may at any time possess. Each Borrower consents and agrees that Bank Agent and Lenders shall be under no obligation to marshal any assets of any Borrower against or in payment of any or all of the Obligations.