Remedies Independent. Notwithstanding anything to the contrary contained in this Agreement or the other Loan Documents, the amounts payable at any time hereunder and thereunder 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 any Notes issued to such Lender, and it shall not be necessary for any other Lender or the Administrative Agent to consent to, or be joined as an additional party in, any proceedings for such purposes.
Remedies Independent. Any debt owing to a Lender under the Transaction Documents shall be a separate and independent debt. Except as otherwise stated in the Transaction Documents, (i) any right of a Lender under the Transaction Documents shall be a separate and independent right and (ii) a Lender may separately enforce its rights under the Transaction Documents.
Remedies Independent. Subject to Article 6 and any other provisions to the contrary herein, each Party hereto may, in its sole discretion, exercise any right or recourse and/or proceed by any action, suit, remedy or proceeding against a defaulting Party, authorized hereunder or permitted by law and may proceed to exercise any and all rights hereunder and no remedy for the enforcement of the rights of the non-defaulting Party will be exclusive of any other rights or remedies provided hereunder or at law or in equity or be dependent upon any such right or remedy and any one or more of such rights or remedies may from time to time be exercised independently or in combination.
Remedies Independent. Any debt owing to a Lender under the Transaction Documents shall be a separate and independent debt. Except as otherwise stated in the Transaction Documents, (i) any right of a Lender under the Transaction Documents shall be a separate and independent right and (ii) a Lender may separately enforce its rights under the Transaction Documents.” 2.20 Paragraph (b) of Section 15.02 (“Amendments and Waivers”) shall be amended by the insertion of the word “or” after the semicolon at the end of subsection (vi) thereof and the addition of a new subsection (vii) at the end thereof, to read as follows:
Remedies Independent. The amounts payable by the Company at any time hereunder and under the Notes to each Purchaser shall be separate and independent debt and each holder of a Note shall be entitled to protect and enforce its rights arising out of this Agreement and the Notes held by it and it shall not be necessary for any other holder to consent to, or be joined as an additional party in, any proceedings for such purposes.
Remedies Independent. If any default should be made in the payment of any Obligations, or in the terms and conditions of any security held therefor, Pledgee is hereby expressly given the right at its option to proceed in the enforcement of this Pledge Agreement, independently of any other remedy or security Pledgee may at any time hold in connection with the Obligations, and it shall not be necessary for Pledgee to proceed upon or against, and/or exhaust any other security or remedy, whether against any security, obligor or guarantor, before proceeding to enforce this Pledge Agreement.
Remedies Independent. Notwithstanding anything to the contrary contained in this Agreement or the other Loan Documents, the amounts payable at any time hereunder and thereunder to each of the Secured Parties shall be a separate and independent debt and, unless otherwise expressly specified in this Agreement or the applicable Loan Document, each Secured Party shall be entitled to protect and enforce its rights arising out of this Agreement and each other Loan Document, and it shall not be necessary for any other Secured Party to consent to, or be joined as an additional party in, any proceedings for such purposes.
Remedies Independent. The Credit Union shall not be bound to exhaust its recourses against the Borrower or any other party responsible for payment of the said loan including any Guarantors or against any security held for the said loan before requiring payment from the Guarantor, and the Credit Union may enforce any security held by it or any part thereof in such order as the Credit Union or its officers or agents may determine. The Guarantor renounces all benefits of discussion and division.
Remedies Independent. The failure of any Lender to make any Loan to be made by it on the date specified therefor shall not relieve any other Lender of its obligation to make its Loan on such date, but neither the Administrative Agent nor any Lender shall be responsible for the failure of any other Lender to make a Loan to be made by such other Lender. The amounts payable by the Borrowers at any time hereunder and under the Notes 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 the Notes, and it shall not be necessary for any other Lender or the Administrative Agent to consent to, or be joined as an additional party in, any proceedings for such purposes.
Remedies Independent. Any debt owing to a Lender under the Transaction Documents shall be a separate and independent debt. Except as otherwise stated in the Transaction Documents, (i) any right of a Lender under the Transaction Documents shall be a separate and independent right and (ii) a Lender may separately enforce its rights under the Transaction Documents.”
2.19 Paragraph (a) of Section 11.11 (“Submission to Jurisdiction”) shall be amended to include the following sentence at the end thereof: “Each of the parties hereto also submits to the jurisdiction of the competent courts of its corporate domicile in respect of actions initiated against it as a defendant.”
2.20 Paragraph (a) of Section 11.12 (“Appointment of Agent for Service of Process”) shall be amended by the insertion of the following sentence after the first sentence thereof: “The Borrower and each Guarantor hereby appoints as its conventional domicile exclusively to receive any of the notices and service of process, the domicile of the Process Agent mentioned above or any other domicile notified in writing by the Process Agent to the Borrower or the Lender.”
