Separate Obligation. Each Subsidiary Guarantor acknowledges and agrees that: (i) the Guaranteed Obligations are separate and distinct from any Debt arising under or in connection with any other document, including under any provision of this Agreement other than this Section 10.14, executed at any time by such Subsidiary Guarantor in favor of Administrative Agent or any Lending Party; and (ii) such Subsidiary Guarantor shall pay and perform all of the Guaranteed Obligations as required under this Section 10.14, and Administrative Agent and Lending Parties may enforce any and all of their respective rights and remedies hereunder, without regard to any other document, including any provision of this Agreement other than this Section 10.14, at any time executed by such Subsidiary Guarantor in favor of Administrative Agent or any Lending Party, irrespective of whether any such other document, or any provision thereof or hereof, shall for any reason become unenforceable or any of the Debt thereunder shall have been discharged, whether by performance, avoidance or otherwise. Each Subsidiary Guarantor acknowledges that, in providing benefits to Borrower, Administrative Agent and Lending Parties are relying upon the enforceability of this Section 10.14 and the Guaranteed Obligations as separate and distinct Debt of such Subsidiary Guarantor, and each Subsidiary Guarantor agrees that Administrative Agent and Lending Parties would be denied the full benefit of their bargain if at any time this Section 10.14 or the Guaranteed Obligations were treated any differently. The fact that the guaranty is set forth in this Agreement rather than in a separate guaranty document is for the convenience of Borrower and Subsidiary Guarantors and shall in no way impair or adversely affect the rights or benefits of Administrative Agent and Lending Parties under this Section 10.14. Each Subsidiary Guarantor agrees to execute and deliver a separate document, immediately upon request at any time of Administrative Agent or any Lending Party, evidencing such Subsidiary Guarantor’s obligations under this Section 10.14. Upon the occurrence of any Event of Default, a separate action or actions may be brought against such Subsidiary Guarantor, whether or not Borrower, any other Subsidiary Guarantor or any other Person is joined therein or a separate action or actions are brought against Borrower, any such other Subsidiary Guarantor or any such other Person.
Separate Obligation. The obligation of each Lender to make its Commitment available to the Borrower is a separate obligation between each Lender and the Borrower, and that obligation is not the several or joint and several obligation of any other Lender.
Separate Obligation. 83 (c) Limitation of Guaranty................................... 83 (d) Liability of Guarantor................................... 84 (e) Consents of Guarantor.................................... 85 (f) Guarantor's Waivers...................................... 85 (g) Financial Condition of Borrowers......................... 86 (h) Subrogation.............................................. 86 (i)
Separate Obligation. The agreement provided for in this Section 3.7 shall constitute an obligation separate and independent from all other obligations contained in this Agreement, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by the Issuers, Lenders or the Agents or any of them from time to time, and shall continue in full force and effect notwithstanding any judgment or order for a liquidated sum in respect of an amount due hereunder or under any judgment or order. The agreements and obligations of the Borrower in this Section 3.7 shall survive the payment of all other Obligations.
Separate Obligation. The obligation of each Credit Facility Lender to make its Commitment available to the Revolving Facility Borrowers or Term Facility Borrowers, as applicable, is a separate obligation between each Credit Facility Lender and the Revolving Facility Borrowers or Term Facility Borrowers, as applicable, and that obligation is not the several or joint and several obligation of any other Credit Facility Lender.
Separate Obligation. Each and every obligation in this Article 16 shall be treated as a separate obligation and shall be severally enforceable as such, and in the event of any obligation or obligations being or becoming unenforceable in whole or in part, such part or parts as are unenforceable shall be deleted from this Article 16 and any such deletion shall not affect the enforceability of all such parts of this Article 16 as remain not so deleted.
Separate Obligation. The obligations of the Developer (and all parties claiming rights hereunder through the Developer) under this Section are independent of, and shall not be measured or affected by, (i) any other amounts at any time owing pursuant to this Agreement, (ii) any other obligations of the Developer (and all parties claiming rights hereunder through the Developer) hereunder, including to holder(s) of the TIF Note, or any other agreements delivered in connection therewith, whether they relate to compliance with Environmental Laws or the use or discharge of Hazardous Substances or otherwise, (iii) the consideration given to any party in order to acquire the property subject to this Agreement, or any portion thereof, (iv) the modification, expiration or termination of the Developer's obligations under any other document or instrument relating thereto, or (v) the discharge or repayment of any portion of any other obligations.
Separate Obligation. Each Guarantor acknowledges and agrees (i) that the Guaranteed Obligations are separate and distinct from any indebtedness, obligations or liabilities arising under or in connection with any other agreement, instrument or guaranty, including under any provision of this Agreement other than this Section 9.17, executed at any time by such Guarantor in favor of the Administrative Agent or any of the Banks, and (ii) such Guarantor shall pay and perform all of the Guaranteed Obligations as required under this Section 9.17, and the Administrative Agent and the Banks may enforce any and all of their rights and remedies hereunder, without regard to any other agreement, instrument or guaranty, including any provision of this Agreement other than this Section 9.17, at any time executed by such Guarantor in favor of the Administrative Agent or any of the Banks, regardless of whether or not any such other agreement, instrument or guaranty, or any provision thereof or hereof, shall for any reason become unenforceable or any of the indebtedness, obligations or liabilities thereunder shall have been discharged, whether by
Separate Obligation. Guarantor hereby expressly agrees that this -------------------- Guaranty is independent of, and in addition to, all collateral granted, pledged or assigned under the Note, Mortgage and other documents and instruments given to evidence or secure the Loan, and Guarantor hereby consents that from time to time, before or after any default by the Borrower, with or without further notice to or assent from Guarantor:
(a) any security at any time held by or available to the Lender for any obligation of the Borrower, or any security at any time held by or available to the Lender for any obligation of any other person or party secondarily or otherwise liable for all or any portion of the Debt, including any guarantor of the Debt, or any obligations of Guarantor hereunder, may be settled, exchanged, surrendered or released and the Lender may fail to set off and may release, in whole or in part, any balance of any deposit account or credit on its books in favor of the Borrower, or any such other person or party;
(b) any obligation of the Borrower, or of any such other person or party, may be changed, altered, renewed, extended, continued, accelerated, surrendered, compromised, settled, waived or released in whole or in part, or any default with respect thereto waived; and
(c) the Lender may extend further credit in any manner whatsoever to the Borrower, and generally deal with the Borrower or any of the above mentioned security, deposit account, credit on it books or other person or party as the Lender may see fit; and Guarantor shall remain bound under this Guaranty, without any loss of rights by the Lender and without affecting the liability of Guarantor, notwithstanding any such exchange, surrender, release, change, alteration, renewal, extension, continuance, compromise, waiver, inaction, extension of further credit or other dealing.
Separate Obligation. The obligations hereunder are independent of the obligations of Lessor, and a separate action or actions may be brought and prosecuted against Guarantor whether action is brought against Lessor or whether Lessor be joined in any such action or actions; Guarantor waives the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof, to the fullest extent permitted by law. Any part performance of the Guarantee Obligations by Lessor or other circumstances, which operate to toll any statute of limitations as to Lessor shall not operate to toll the statute of limitations as to Guarantor. Guarantor hereby waives any rights it may have under Sections 2809 and 2810 of the California Civil Code and reaffirms that, in any event, the obligations of Guarantor are independent of those of Lessor. Guarantor understands that Lessee would not enter into the transaction with Lessor in the absence of the foregoing covenants by Guarantor and the other covenants of Guarantor contained in this Guarantee.