Common use of Separate Action Clause in Contracts

Separate Action. In case of default hereunder, the Guarantee Beneficiaries may maintain an action or separate successive actions upon this Guarantee against the Guarantor whether or not the Guarantor is joined therein or a separate action is brought against the Guarantor or any other indemnitor or guarantor or any judgment obtained against any of them. The Guarantee Beneficiaries’ rights shall not be exhausted by the exercise of any of the Guarantee Beneficiaries’ rights hereunder or otherwise against the Guarantor or by any number of successive actions until and unless all Guaranteed Obligations have been fully paid and performed, and the Guarantor’s obligations hereunder has been fully performed.

Appears in 2 contracts

Samples: Credit Agreement (Kinder Morgan, Inc.), Credit Agreement (Kinder Morgan, Inc.)

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Separate Action. In case of default hereunder, the Guarantee Beneficiaries may maintain an action or separate successive actions upon this Guarantee against the Guarantor whether or not the Guarantor Borrower or any other Material Subsidiary is joined therein or a separate action is brought against the Guarantor Borrower, any other Material Subsidiary or any other indemnitor or guarantor or any judgment obtained against any of them. The Guarantee Beneficiaries’ rights shall not be exhausted by the exercise of any of the Guarantee Beneficiaries’ rights hereunder or otherwise against the Guarantor or by any number of successive actions until and unless all Guaranteed Obligations have been fully paid and performed, and each of the Guarantor’s obligations hereunder has been fully performed.

Appears in 2 contracts

Samples: Credit Agreement (Bellatrix Exploration Ltd.), Credit Agreement (Bellatrix Exploration Ltd.)

Separate Action. In case of default hereunder, the Guarantee Beneficiaries may maintain an action or separate successive actions upon this Guarantee against the each Guarantor whether or not the Guarantor applicable Obligor is joined therein or a separate action is brought against the Guarantor such Obligor or any other indemnitor or guarantor or any judgment obtained against any of them. The Guarantee Beneficiaries’ rights shall not be exhausted by the exercise of any of the Guarantee Beneficiaries’ rights hereunder or otherwise against the any Guarantor or by any number of successive actions until and unless all Guaranteed Obligations have been fully paid and performed, and the each of every Guarantor’s obligations hereunder has been fully performed.

Appears in 2 contracts

Samples: Credit Agreement (Kinder Morgan, Inc.), Credit Agreement (Kinder Morgan, Inc.)

Separate Action. In case of default hereunder, the Guarantee Beneficiaries may maintain an action or separate successive actions upon this Guarantee against the Guarantor whether or not the Guarantor Issuer or any other Material Subsidiary is joined therein or a separate action is brought against the Guarantor Issuer, any other Material Subsidiary or any other indemnitor or guarantor or any judgment obtained against any of them. The Guarantee Beneficiaries’ rights shall not be exhausted by the exercise of any of the Guarantee Beneficiaries’ rights hereunder or otherwise against the Guarantor or by any number of successive actions until and unless all Guaranteed Obligations have been fully paid and performed, and each of the Guarantor’s obligations hereunder has been fully performed.

Appears in 1 contract

Samples: Note Purchase Agreement (Bellatrix Exploration Ltd.)

Separate Action. In case of default hereunder, the Guarantee Beneficiaries may maintain an action or separate successive actions upon this Guarantee against the Guarantor whether or not the Guarantor Borrower is joined therein or a separate action is brought against the Guarantor Borrower or any other indemnitor or guarantor or any judgment obtained against any of them. The Guarantee Beneficiaries' rights shall not be exhausted by the exercise of any of the Guarantee Beneficiaries' rights hereunder or otherwise against the Guarantor or by any number of successive actions until and unless all Guaranteed Obligations have been fully paid and an performed, and each of the Guarantor’s 's obligations hereunder has been fully paid and performed.

Appears in 1 contract

Samples: Credit Agreement (Keyspan Corp)

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Separate Action. In case of default hereunder, the Guarantee Beneficiaries may maintain an action or separate successive actions upon this Guarantee against the Guarantor whether or not the Guarantor any Obligor is joined therein or a separate action is brought against the Guarantor any Obligor or any other indemnitor or guarantor or any judgment obtained against any of them. The Guarantee Beneficiaries' rights shall not be exhausted by the exercise of any of the Guarantee Beneficiaries' rights hereunder or otherwise against the Guarantor or by any number of successive actions until and unless all Guaranteed Obligations have been fully paid and performed, and each of the Guarantor’s 's obligations hereunder has been fully performed.

Appears in 1 contract

Samples: Credit Agreement (Nacg Finance LLC)

Separate Action. In case of default hereunder, the Guarantee Beneficiaries may maintain an action or separate successive actions upon this Guarantee against the Guarantor Guarantors (or any of them) whether or not the Guarantor any Obligor is joined therein or a separate action is brought against the Guarantor any Obligor or any other indemnitor or guarantor (including any other Guarantor hereunder) or any judgment obtained against any of them. The Guarantee Beneficiaries' rights shall not be exhausted by the exercise of any of the Guarantee Beneficiaries' rights hereunder or otherwise against the any Guarantor or by any number of successive actions until and unless all Guaranteed Obligations have been fully paid and performed, and each of the Guarantor’s Guarantors' obligations hereunder has been fully performed.

Appears in 1 contract

Samples: Credit Agreement (Nacg Finance LLC)

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