Common use of Separate Actions; Waiver of Statute of Limitations; Reinstatement of Liability Clause in Contracts

Separate Actions; Waiver of Statute of Limitations; Reinstatement of Liability. The obligations hereunder are independent of the obligations of the Borrower, and a separate action or actions may be brought and prosecuted against the Guarantor whether action is brought against the Borrower or any other person, or whether the Borrower or any other person is joined in any such action or actions. A separate action or actions may be bought and prosecuted against the Guarantor by the either Bank; the Banks do not need to join each other in any such action. The Guarantor acknowledges that there are no conditions precedent to the effectiveness of this Guaranty, and this Guaranty is in full force and effect and is binding on the Guarantor as of the date first written above, regardless of whether either Bank obtains collateral or any guaranties from others or takes any other action contemplated by the Guarantor. The Guarantor waives, to the extent permitted under applicable law, the benefit of any statute of limitations affecting the Guarantor’s liability hereunder or the enforcement thereof, and the Guarantor agrees that any payment of any Obligations or other act which shall toll any statute of limitations applicable thereto shall similarly operate to toll such statute of limitations applicable to the Guarantor’s liability hereunder. The liability of the Guarantor hereunder shall be reinstated and revived and the rights of the Banks shall continue if and to the extent for any reason any amount at any time paid on account of any Obligations guaranteed hereby is rescinded or must otherwise be restored by either Bank, whether as a result of any proceeding in bankruptcy or reorganization or otherwise, all as though such amount had not been paid. The determination as to whether any amount so paid must be rescinded or restored shall be made by each Bank in its sole discretion; provided, however, that if a Bank chooses to contest any such matter at the request of the Guarantor, the Guarantor agrees to indemnify and hold the Banks harmless from and against all costs and expenses, including reasonable attorneys’ fees expended or incurred by the Banks in connection therewith, including, without limitation, in any litigation with respect thereto.

Separate Actions; Waiver of Statute of Limitations; Reinstatement of Liability. The obligations hereunder are independent of the obligations of the Borrower, and a A separate action or actions may be brought and prosecuted against the Guarantor Owner whether action is brought against the Borrower or any other person, or whether the Borrower or any other person is joined in any such action or actions. A separate action or actions may be bought and prosecuted against the Guarantor by the either Bank; the Banks do not need to join each other in any such action. The Guarantor Owner acknowledges that this Agreement is absolute and unconditional, there are no conditions precedent to the effectiveness of this GuarantyAgreement, and this Guaranty Agreement is in full force and effect and is binding on the Guarantor Owner as of the date first written abovebelow, regardless of whether either Bank obtains collateral or any guaranties from others or takes any other action contemplated by the GuarantorOwner. The Guarantor waives, to the extent permitted under applicable law, Owner waives the benefit of any statute of limitations affecting the GuarantorOwner’s liability hereunder or the enforcement thereof, and the Guarantor Owner agrees that any payment of any Obligations Indebtedness or other act which shall toll any statute of limitations applicable thereto shall similarly operate to toll such statute of limitations applicable to the GuarantorOwner’s liability hereunder. The liability of the Guarantor Owner hereunder shall be reinstated and revived and the rights of the Banks Bank shall continue if and to the extent that for any reason any amount at any time paid on account of any Obligations guaranteed Indebtedness secured hereby is rescinded or must be otherwise be restored by either Bank, whether as a result of any proceeding proceedings in bankruptcy or reorganization or otherwise, all as though such amount had not been paid. The determination as to whether any amount so paid must be rescinded or restored shall be made by each Bank in its sole discretion; provided, provided however, that if a Bank chooses to contest any such matter at the request of the GuarantorOwner, the Guarantor Owner agrees to indemnify and hold the Banks Bank harmless from and against all costs and expenses, including reasonable attorneys’ fees fees, expended or incurred by the Banks Bank in connection therewith, including, including without limitation, in any litigation with respect thereto.

Separate Actions; Waiver of Statute of Limitations; Reinstatement of Liability. The obligations hereunder are independent of the obligations of the Borrower, and a separate action or actions may be brought and prosecuted against the Guarantor whether action is brought against the Borrower or any other person, or whether the Borrower or any other person is joined in any such action or actions. A separate action or actions may be bought and prosecuted against the Guarantor by the either Bank; the Banks do not need to join each other in any such action. The Guarantor acknowledges that this Guaranty is absolute and unconditional, there are no conditions precedent to the effectiveness of this Guaranty, and this Guaranty is in full force and effect and is binding on the Guarantor as of the date first written abovebelow, regardless of whether either Bank obtains collateral or any guaranties from others or takes any other action contemplated by the Guarantor. The Guarantor waives, to the extent permitted under applicable law, waives the benefit of any statute of limitations affecting the Guarantor’s 's liability hereunder or the enforcement thereof, and the Guarantor agrees that any payment of any Obligations Indebtedness or other act which shall toll any statute of limitations applicable thereto shall similarly operate to toll such statute of limitations applicable to the Guarantor’s 's liability hereunder. The liability of the Guarantor hereunder shall be reinstated and revived and the rights of the Banks Bank shall continue if and to the extent for any reason any amount at any time paid on account of any Obligations Indebtedness guaranteed hereby is rescinded or must otherwise be restored by either Bank, whether as a result of any proceeding proceedings in bankruptcy or reorganization or otherwise, all as though such amount had not been paid. The determination as to whether any amount so paid must be rescinded or restored shall be made by each Bank in its sole discretion; provided, provided however, that if a Bank chooses to contest any such matter at the request of the Guarantor, the Guarantor agrees to indemnify and hold the Banks Bank harmless from and against all costs and expenses, including reasonable attorneys’ fees ' fees, expended or incurred by the Banks Bank in connection therewith, including, including without limitation, in any litigation with respect thereto.

Separate Actions; Waiver of Statute of Limitations; Reinstatement of Liability. The Pledgor’s obligations hereunder under this Agreement are independent of the obligations of the BorrowerIndebtedness, and a separate action or actions may be brought and prosecuted against the Guarantor Pledgor whether action is brought against the Borrower or any other personPerson, or whether the Borrower or any other person is Person be joined in any such action or actions. A separate action or actions may be bought and prosecuted against the Guarantor by the either Bank; the Banks do not need to join each other in any such action. The Guarantor Pledgor acknowledges that there are no conditions precedent to the effectiveness of this Guaranty, Agreement (which have not already been obtained or waived) and that this Guaranty Agreement is in full force and effect and is binding on the Guarantor Pledgor as of the date first written abovehereof, regardless of whether either Bank Xxxxxx obtains additional collateral or any guaranties from others or takes take any other action contemplated by the GuarantorXxxxxxx. The Guarantor waives, to the extent permitted under applicable law, Pledgor waives the benefit of any statute of limitations limitation affecting the GuarantorPledgor’s liability hereunder or the enforcement thereofthereof to the greatest legally permissible extent, and the Guarantor agrees that any payment of any Pledge Obligations or other act which shall toll any statute of limitations limitation applicable thereto shall similarly also operate to toll such statute of limitations limitation applicable to the GuarantorPledgor’s liability hereunder. The Xxxxxxx’s liability of the Guarantor hereunder shall be reinstated and revived and the Xxxxxx’s rights of the Banks shall continue if and with respect to the extent for any reason any amount at any time paid on account of any the Pledge Obligations guaranteed secured hereby is rescinded or must otherwise which shall thereafter be required to be restored or returned by either Bank, whether as a result of any proceeding in Lender upon the bankruptcy or reorganization insolvency of Pledgor or otherwiseany other Person or for any other reason, all as though such amount had not been paid. The determination as to whether any amount so paid must be rescinded or restored shall be made by each Bank in its sole discretion; provided, however, that if a Bank chooses to contest any such matter at the request of the Guarantor, the Guarantor agrees to indemnify and hold the Banks harmless from and against all costs and expenses, including reasonable attorneys’ fees expended or incurred by the Banks in connection therewith, including, without limitation, in any litigation with respect thereto.

Separate Actions; Waiver of Statute of Limitations; Reinstatement of Liability. The obligations hereunder of Pledgor under this Agreement are independent of the obligations of the BorrowerPledge Obligations, and a separate action or actions may be brought and prosecuted against the Guarantor Pledgor whether action is brought against the Borrower or any other person, or whether the Borrower or any other person is be joined in any such action or actions. A separate action or actions may be bought and prosecuted against the Guarantor by the either Bank; the Banks do not need to join each other in any such action. The Guarantor Pledgor acknowledges that there are no conditions precedent to the effectiveness of this Guaranty, Agreement and that this Guaranty Agreement is in full force and effect and is binding on the Guarantor Pledgor as of the date first written abovehereof, regardless of whether either Bank Lender obtains additional collateral or any guaranties from others or takes take any other action contemplated by the GuarantorPledgor. The Guarantor waives, to the extent permitted under applicable law, Pledgor waives the benefit of any statute of limitations limitation affecting the Guarantor’s his liability hereunder or the enforcement thereofthereof to the greatest legally permissible extent, and the Guarantor agrees that any payment of any Pledge Obligations or other act which shall toll any statute of limitations limitation applicable thereto shall similarly also operate to toll such statute of limitations limitation applicable to the Guarantor’s Pledgor on liability hereunder. The liability of the Guarantor Pledgor hereunder shall be reinstated and revived and the rights of the Banks Lender shall continue if and with respect to the extent for any reason any amount at any time paid on account of any the Pledge Obligations guaranteed secured hereby is rescinded or must otherwise which shall thereafter be required to be restored or returned by either Bank, whether as a result of any proceeding in Lender upon the bankruptcy or reorganization insolvency of Pledgor or otherwiseany other person or for any other reason, all as though such amount had not been paid. The determination as to whether any amount so paid must be rescinded or restored shall be made by each Bank in its sole discretion; provided, however, that if a Bank chooses to contest any such matter at the request of the Guarantor, the Guarantor agrees to indemnify and hold the Banks harmless from and against all costs and expenses, including reasonable attorneys’ fees expended or incurred by the Banks in connection therewith, including, without limitation, in any litigation with respect thereto.

Separate Actions; Waiver of Statute of Limitations; Reinstatement of Liability. The obligations hereunder of Pledgor under this Agreement are independent of the obligations of the BorrowerPledge Obligations, and a separate action or actions may be brought and prosecuted against the Guarantor Borrower whether action is brought against the Borrower or any other person, or whether the Borrower or any other person is be joined in any such action or actions. A separate action or actions may be bought and prosecuted against the Guarantor by the either Bank; the Banks do not need to join each other in any such action. The Guarantor Pledgor acknowledges that there are no conditions precedent to the effectiveness of this Guaranty, Agreement and that this Guaranty Agreement is in full force and effect and is binding on the Guarantor Pledgor as of the date first written abovehereof, regardless of whether either Bank Lender obtains additional collateral or any guaranties from others or takes take any other action contemplated by the GuarantorPledgor. The Guarantor waives, to the extent permitted under applicable law, Pledgor waives the benefit of any statute of limitations limitation affecting the Guarantor’s his liability hereunder or the enforcement thereofthereof to the greatest legally permissible extent, and the Guarantor agrees that any payment of any Pledge Obligations or other act which shall toll any statute of limitations limitation applicable thereto shall similarly also operate to toll such statute of limitations limitation applicable to the Guarantor’s Pledgor on liability hereunder. The liability of the Guarantor Pledgor hereunder shall be reinstated and revived and the rights of the Banks Lender shall continue if and with respect to the extent for any reason any amount at any time paid on account of any the Pledge Obligations guaranteed secured hereby is rescinded or must otherwise which shall thereafter be required to be restored or returned by either Bank, whether as a result of any proceeding in Lender upon the bankruptcy or reorganization insolvency of Borrower or otherwiseany other person or for any other reason, all as though such amount had not been paid. The determination as to whether any amount so paid must be rescinded or restored shall be made by each Bank in its sole discretion; provided, however, that if a Bank chooses to contest any such matter at the request of the Guarantor, the Guarantor agrees to indemnify and hold the Banks harmless from and against all costs and expenses, including reasonable attorneys’ fees expended or incurred by the Banks in connection therewith, including, without limitation, in any litigation with respect thereto.