Rights and Obligations of Finance Parties. (a) The rights and obligations of each of the Finance Parties under the Finance Documents are several. Failure of any Finance Party to observe and perform its obligations under any Finance Document shall neither:
(i) result in any other non‑defaulting Finance Party incurring any liability whatsoever; nor
(ii) relieve the Trust or any other Finance Party from their respective obligations under the Finance Documents.
(b) Notwithstanding any other provision of any Finance Document, the interests of each Finance Party are several and the total amounts outstanding at any time under the Finance Documents and due to each Finance Party constitute separate and independent debts.
Rights and Obligations of Finance Parties. (a) The rights and obligations of each of the Finance Parties under the Senior Finance Documents are several. The failure by a Finance Party to comply with its obligations under any Senior Finance Document shall not:
(i) result in any other Finance Party incurring any liability; or
(ii) relieve any Obligor or any other Finance Party from its obligations under the Senior Finance Documents.
(b) Subject to the other provisions of the Senior Finance Documents, each Finance Party has the right to protect and enforce its rights arising out of the Senior Finance Documents and it will not be necessary for any other Finance Party to be joined as an additional party in any proceedings brought for the purpose of protecting or enforcing those rights.
Rights and Obligations of Finance Parties. (a) The obligations of each Finance Party under the Financing Documents are several. Failure by a Finance Party to perform its obligations under the Financing Documents does not affect the obligations of any other Party under the Financing Documents. No Finance Party is responsible for the obligations of any other Finance Party under the Financing Documents.
(b) The rights of each Finance Party under or in connection with the Financing Documents are separate and independent rights and any debt arising under the Financing Documents to a Finance Party from the Borrower shall be a separate and independent debt.
(c) A Finance Party may, except as otherwise stated in the Financing Documents, separately enforce its rights under the Financing Documents.
(d) Notwithstanding any term of any Financing Document, the consent of any Person who is not a party hereto is not required to rescind or vary this Agreement at any time.
Rights and Obligations of Finance Parties. (a) The rights and obligations of each of the Finance Parties under the Senior Finance Documents are several (conjointes mais non solidaires). The failure by a Finance Party to comply with its obligations under any Senior Finance Document shall not:
(i) result in any other Finance Party incurring any liability; or
(ii) relieve any Obligor or any other Finance Party from its obligations under the Senior Finance Documents.
(b) Subject to the other provisions of the Senior Finance Documents, each Finance Party has the right to protect and enforce its rights arising out of the Senior Finance Documents and it will not be necessary for any other Finance Party to be joined as an additional party in any proceedings brought for the purpose of protecting or enforcing those rights.
Rights and Obligations of Finance Parties. 4.1 The rights of a Finance Party under the Finance Documents are separate rights and a Finance Party may, except as expressly provided in a Finance Document, separately enforce those rights.
4.2 The obligations of each Finance Party under a Finance Document are several.
4.3 The failure by a Finance Party to perform its obligations under a Finance Document will not relieve any other party to this Agreement of its obligations under the Finance Documents nor will any other Finance Party be liable for the failure by such Finance Party to perform its obligations under a Finance Document.
Rights and Obligations of Finance Parties. (a) The rights and obligations of each of the Lenders and other Finance Parties under the Senior Finance Documents are several. Failure of a Lender or other Finance Party to observe and perform its respective obligations under any Senior Finance Document shall neither:
(i) result in any other Finance Party incurring any liability whatsoever; nor
(ii) relieve the Obligors’ Agent, the Borrowers, any other Obligor or any other Finance Party from their respective obligations under the Senior Finance Documents.
(b) Notwithstanding any other provision of any Senior Finance Document, the interests of each Finance Party are several and the total amounts outstanding at any time under the Senior Finance Documents and due to each Finance Party constitute separate and independent debts.
Rights and Obligations of Finance Parties. Unless otherwise agreed by all the Finance Parties:
(a) the obligations of a Finance Party under the Finance Documents are several;
(b) failure by a Finance Party to perform its obligations does not affect the obligations of any other Party under the Finance Documents;
(c) no Finance Party is responsible for the obligations of any other Finance Party under the Finance Documents;
(d) the rights of a Finance Party under the Finance Documents are separate and independent rights;
(e) a debt arising under the Finance Documents to a Finance Party is a separate and independent debt; and
(f) a Finance Party may, except as otherwise stated in the Finance Documents, separately enforce its rights under the Finance Documents.
Rights and Obligations of Finance Parties. (a) The rights and obligations of each of the Lenders and other Finance Parties under the Senior Finance Documents are several. The failure of any Lender or other Finance Party to observe and perform its respective obligations under any Senior Finance Document shall neither:
(i) result in any other Finance Party incurring any liability whatsoever; nor
(ii) relieve any Borrower, any other Obligor or any other Finance Party from their respective obligations under the Senior Finance Documents.
(b) Notwithstanding any other provision of any Senior Finance Document, the interests of each Finance Party are several and the total amounts outstanding at any time under the Senior Finance Documents and due to each Finance Party constitute separate and independent debts. Accordingly, as regards each Lender and its participation in any Advance the amount of principal advanced by that Lender will constitute a separate and independent debt owed to it. Nothing in this clause is intended to permit a Finance Party to exercise its rights under any of the Senior Finance Documents other than in accordance with the Senior Finance Documents.
Rights and Obligations of Finance Parties. (a) The rights and obligations of each of the Finance Parties under the Senior Finance Documents are several. The failure by a Finance Party to comply with its obligations under any Senior Finance Document shall not:
(i) result in any other Finance Party incurring any liability; or
(ii) relieve any Obligor or any other Finance Party from its obligations under the Senior Finance Documents.
(b) No Finance Party has the right to enforce its rights arising out of the Senior Finance Documents independently of the other Finance Parties and through the agents otherwise than as specified in the Intercreditor Agreement.
Rights and Obligations of Finance Parties. (a) The rights and obligations of each of the Lenders and other Finance Parties under the Senior Finance Documents are several. Failure of a Lender or other Finance Party to observe and perform its respective obligations under any Senior Finance Document shall neither:
(i) result in any other Finance Party incurring any liability whatsoever; nor
(ii) relieve the Obligors’ Agent, the Borrowers, any other Obligor or any other Finance Party from their respective obligations under the Senior Finance Documents.
(b) Notwithstanding any other provision of any Senior Finance Document, the interests of each Finance Party are several and the total amounts outstanding at any time under the Senior Finance Documents and due to each Finance Party constitute separate and independent debts.
(c) All amounts from time to time received or recovered by the Security Agent in connection with the realisation or enforcement of all or part of the security under the Security Documents (the “Security Proceeds”) shall be held by the Security Trustee on trust and the Lenders agree that the Security Proceeds will first be applied by the Agent to discharge in full amounts owed to the Facility A Lenders, Facility B1 Lenders, Facility B2 Lenders, Revolving Facility Lenders and Ancillary Lenders and only when all amounts outstanding in respect of Facility A, Facility B, the Revolving Facility and the Ancillary Facilities have been discharged in full and cancelled and to the extent there are remaining Security Proceeds, they may then be applied by the Agent to discharge amounts owed to the Facility C Lenders. For the avoidance of doubt, this provision shall only affect the rights as between (i) the Facility A Lenders, Facility B Lenders, the Revolving Facility Lenders and the Ancillary Lenders (on the one hand) and (ii) the Facility C Lenders (on the other hand).
