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.
Appears in 4 contracts
Samples: Credit Agreement (Titan Machinery Inc.), Credit Agreement (Ciber Inc), Credit Agreement (Ciber Inc)
Separate Obligation. Each Subsidiary Guarantor acknowledges and agrees that: that (i) the Guaranteed Obligations are separate and distinct from any Debt Indebtedness arising under or in connection with any other document, including under any provision of this Agreement other than this Section 10.1410.15, executed at any time by such Subsidiary Guarantor in favor of Administrative Agent or any Lending Party; and (ii) such Subsidiary Guarantor shall will pay and perform all of the Guaranteed Obligations as required under this Section 10.1410.15, 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 10.1410.15, 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 will for any reason become unenforceable or any of the Debt Indebtedness thereunder shall will have been discharged, whether by performance, avoidance or otherwise. Each Subsidiary Guarantor acknowledges that, in providing benefits to Borrowerthe Borrowers, Administrative Agent and Lending Parties are relying upon the enforceability of this Section 10.14 10.15 and the Guaranteed Obligations as separate and distinct Debt Indebtedness of each such Subsidiary Guarantor, and each Subsidiary Guarantor agrees that Administrative Agent and the Lending Parties would be denied the full benefit of their bargain if at any time this Section 10.14 10.15 or the Guaranteed Obligations were treated any differently. The fact that the guaranty Guaranty is set forth in this Agreement rather than in a separate guaranty document is for the convenience of Borrower the Borrowers and each Subsidiary Guarantors Guarantor and shall will in no way impair or adversely affect the rights or benefits of Administrative Agent and the Lending Parties under this Section 10.1410.15. 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 each such Subsidiary Guarantor’s obligations under this Section 10.1410.15. Upon the occurrence of any Event of Default, a separate action or actions may be brought against each such Subsidiary Guarantor, whether or not Borrower, any Borrower or any other Subsidiary Guarantor or any other Person is joined therein or a separate action or actions are brought against Borrower, any such Borrower or any such other Subsidiary Guarantor or any such other Person.
Appears in 3 contracts
Samples: Credit Agreement (Ch2m Hill Companies LTD), Credit Agreement (Ch2m Hill Companies LTD), Credit Agreement (Ch2m Hill Companies LTD)
Separate Obligation. Each Subsidiary Guarantor acknowledges and agrees that: (i) the Guaranteed Obligations are separate and distinct from any Debt Indebtedness arising under or in connection with any other document, including under any provision of this Agreement other than this Section 10.1411, executed at any time by such Subsidiary Guarantor in favor of Administrative Agent or any Lending Partythe Lender; and (ii) such Subsidiary Guarantor shall pay and perform all of the Guaranteed Obligations as required under this Section 10.1411, and Administrative Agent and Lending Parties the Lender may enforce any and all of their respective its rights and remedies hereunder, without regard to any other document, including any provision of this Agreement other than this Section 10.1411, at any time executed by such Subsidiary Guarantor in favor of Administrative Agent or any Lending Partythe Lender, irrespective of whether any such other document, or any provision thereof or hereof, shall for any reason become unenforceable or any of the Debt Indebtedness thereunder shall have been discharged, whether by performance, avoidance or otherwise. Each Subsidiary Guarantor acknowledges that, in providing benefits to Borrower, Administrative Agent the Borrowers and Lending Parties the Lender are relying upon the enforceability of this Section 10.14 11 and the Guaranteed Obligations as separate and distinct Debt Indebtedness of such Subsidiary Guarantor, and each Subsidiary Guarantor agrees that Administrative Agent and Lending Parties Lender would be denied the full benefit of their its bargain if at any time this Section 10.14 11 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 the Borrowers and Subsidiary Guarantors and shall in no way impair or adversely affect the rights or benefits of Administrative Agent and Lending Parties the Lender under this Section 10.1411. Each Subsidiary Guarantor agrees to execute and deliver a separate document, immediately upon request at any time of Administrative Agent or any Lending Partythe Lender, evidencing such Subsidiary Guarantor’s obligations under this Section 10.1411. Upon the occurrence of any Event of Default, a separate action or actions may be brought against such Subsidiary Guarantor, whether or not Borrowerthe Borrowers, any other Subsidiary Guarantor or any other Person is joined therein or a separate action or actions are brought against any Borrower, any such other Subsidiary Guarantor or any such other Person.
Appears in 2 contracts
Samples: Loan and Security Agreement (Amyris, Inc.), Loan and Security Agreement (Amyris, Inc.)
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 other 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 the other 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 other 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 Section10.14 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 Borrowers 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 any Agent or any other 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 any Borrower, any such other Subsidiary Guarantor or any such other Person.
Appears in 2 contracts
Samples: Forbearance Agreement and Fourth Amendment to Loan and Security Agreement (DG Capital Management, LLC), Forbearance Agreement and Fourth Amendment to Loan and Security Agreement (Endurant Capital Management LP)
Separate Obligation. Each Subsidiary Guarantor acknowledges and agrees that: (i) ------------------- that the Guaranteed Obligations are separate and distinct from any Debt indebtedness, obligations or liabilities arising under or in connection with any other documentagreement, instrument or guaranty, including under any provision of this Agreement other than this Section 10.1411.18, executed at any time by such Subsidiary Guarantor in favor of Administrative Agent or any Lending Party; Guaranteed Person, and (ii) such Subsidiary Guarantor shall pay and perform all of the Guaranteed Obligations as required under this Section 10.1411.18, and Administrative Agent and Lending Parties each Guaranteed Person may enforce any and all of their respective its rights and remedies hereunder, without regard to any other documentagreement, instrument or guaranty, including any provision of this Agreement other than this Section 10.1411.18, at any time executed by such Subsidiary Guarantor in favor of Administrative Agent or any Lending PartyGuaranteed Person, irrespective regardless of whether or not any such other documentagreement, instrument or guaranty, or any provision thereof or hereof, shall for any reason become unenforceable or any of the Debt indebtedness, obligations or liabilities thereunder shall have been discharged, whether by performance, avoidance or otherwise. Each Subsidiary Guarantor acknowledges that, that in providing benefits to Borrowerthe Borrowers and such Guarantor, Administrative Agent and Lending Parties the Guaranteed Persons are relying upon the enforceability of this Section 10.14 11.18 and the Guaranteed Obligations as separate and distinct Debt indebtedness, obligations and liabilities of such Subsidiary Guarantor, and each Subsidiary Guarantor agrees that Administrative Agent and Lending Parties each Guaranteed Person would be denied the full benefit of their bargain if at any time this Section 10.14 11.18 or the Guaranteed Obligations were treated any differently. The fact that the guaranty Guaranty of each Guarantor is set forth in this Agreement rather than in a separate guaranty document is for the convenience of Borrower the Borrowers and Subsidiary the Guarantors and shall in no way impair or adversely affect the rights or benefits of Administrative Agent and Lending Parties any Guaranteed Person under this Section 10.1411.18. Each Subsidiary Guarantor agrees to execute and deliver a separate documentagreement, immediately upon request at any time of Administrative Agent or any Lending PartyGuaranteed Person, evidencing such Subsidiary Guarantor’s 's obligations under this Section 10.1411.18. Upon the occurrence of any Event of Default, a separate action or actions may be brought against such Subsidiary each Guarantor, whether or not Borrower, any other Subsidiary Guarantor the Borrowers or any other Guarantor or Person is joined therein or a separate action or actions are brought against Borrower, the Borrowers or any such other Subsidiary Guarantor or any such other Person.
Appears in 2 contracts
Samples: Revolving Multicurrency Credit Agreement (Johns Manville International Group Inc), Revolving Multicurrency Credit Agreement (Johns Manville Corp /New/)
Separate Obligation. Each Subsidiary Guarantor acknowledges and agrees that: (i) that the Guaranteed Obligations are separate and distinct from any Debt indebtedness, obligations or liabilities arising under or in connection with any other documentagreement, instrument or guaranty, including under any provision of this Agreement other than this Section 10.1411.12, executed at any time by such Subsidiary Guarantor in favor of Administrative Agent or any Lending Party; Guaranteed Person, and (ii) such Subsidiary Guarantor shall pay and perform all of the Guaranteed Obligations as required under this Section 10.1411.12, and Administrative Agent and Lending Parties each Guaranteed Person may enforce any and all of their respective its rights and remedies hereunder, without regard to any other documentagreement, instrument or guaranty, including any provision of this Agreement other than this Section 10.1411.12, at any time executed by such Subsidiary Guarantor in favor of Administrative Agent or any Lending PartyGuaranteed Person, irrespective regardless of whether or not any such other documentagreement, instrument or guaranty, or any provision thereof or hereof, shall for any reason become unenforceable or any of the Debt indebtedness, obligations or liabilities thereunder shall have been discharged, whether by performance, avoidance or otherwise. Each Subsidiary Guarantor acknowledges that, that in providing benefits to BorrowerHoldings and such Guarantor, Administrative Agent and Lending Parties the Guaranteed Persons are relying upon the enforceability of this Section 10.14 11.12 and the Guaranteed Obligations as separate and distinct Debt indebtedness, obligations and liabilities of such Subsidiary Guarantor, and each Subsidiary Guarantor agrees that Administrative Agent and Lending Parties each Guaranteed Person would be denied the full benefit of their bargain if at any time this Section 10.14 11.12 or the Guaranteed Obligations were treated any differently. The fact that the guaranty Guaranty of each Guarantor is set forth in this Agreement rather than in a separate guaranty document is for the convenience of Borrower Holdings and Subsidiary the Guarantors and shall in no way impair or adversely affect the rights or benefits of Administrative Agent and Lending Parties any Guaranteed Person 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 Person11.
Appears in 2 contracts
Samples: Credit Agreement (Building Materials Holding Corp), Credit Agreement (Building Materials Holding Corp)
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 other 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 the other 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 other 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 BorrowerBorrowers, 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 Borrowers 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 other 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 BorrowerBorrowers, any other Subsidiary Guarantor or any other Person is joined therein or a separate action or actions are brought against BorrowerBorrowers, any such other Subsidiary Guarantor or any such other Person.
Appears in 2 contracts
Samples: Loan and Security Agreement (Live Oak Acquisition Corp), Loan and Security Agreement (Live Oak Acquisition Corp)
Separate Obligation. Each Subsidiary Applicable 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 Applicable Guarantor in favor of Administrative Agent or any other Lending Party; and (ii) such Subsidiary Applicable Guarantor shall pay and perform all of the Guaranteed Obligations as required under this Section 10.14, and Administrative Agent and the other 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 Applicable Guarantor in favor of Administrative Agent or any other 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 Applicable 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 Applicable Guarantor, and each Subsidiary Applicable 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 Applicable 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 Applicable Guarantor agrees to execute and deliver a separate document, immediately upon request at any time of Administrative Agent or any other Lending Party, evidencing such Subsidiary Applicable 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 Applicable Guarantor, whether or not Borrower, any other Subsidiary Applicable Guarantor or any other Person is joined therein or a separate action or actions are brought against Borrower, any such other Subsidiary Applicable Guarantor or any such other Person.
Appears in 1 contract
Samples: Loan and Security Agreement (Intercloud Systems, Inc.)
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 each Agent or any other 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 Agents and the other 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 each Agent or any other 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 BorrowerBorrowers, 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 Borrowers 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 any Agent or any other 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 any Borrower, any other Subsidiary Guarantor or any other Person is joined therein or a separate action or actions are brought against any Borrower, any such other Subsidiary Guarantor or any such other Person.
Appears in 1 contract
Samples: Loan and Security Agreement (Alliance Entertainment Holding Corp)
Separate Obligation. Each Subsidiary Guarantor acknowledges and agrees that: that (i) the Guaranteed Obligations are separate and distinct from any Debt Indebtedness arising under or in connection with any other document, including under any provision of this Agreement other than this Section 10.1410.15 or any Bank Product, executed at any time by such Subsidiary Guarantor in favor of Administrative Agent Agent, any Lending Party or any Lending PartyBank Product Provider; and (ii) such Subsidiary Guarantor shall will pay and perform all of the Guaranteed Obligations as required under this Section 10.1410.15, and Administrative Agent and Agent, Lending Parties and Bank Product Providers 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 10.1410.15 and Section 10.03, at any time executed by such Subsidiary Guarantor in favor of Administrative Agent Agent, any Lending Party or any Lending PartyBank Product Provider, irrespective of whether any such other document, or any provision thereof or hereof, shall will for any reason become unenforceable or any of the Debt Indebtedness thereunder shall will have been discharged, whether by performance, avoidance or otherwise. Each Subsidiary Guarantor acknowledges that, in providing benefits to Borrowerthe Borrowers, Administrative Agent and Agent, Lending Parties and Bank Product Providers are relying upon the enforceability of this Section 10.14 10.15 and the Guaranteed Obligations as separate and distinct Debt Indebtedness of each such Subsidiary Guarantor, and each Subsidiary Guarantor agrees that Administrative Agent and Agent, the Lending Parties and the Bank Product Providers would be denied the full benefit of their bargain if at any time this Section 10.14 10.15 or the Guaranteed Obligations were treated any differently. The fact that the guaranty Guaranty is set forth in this Agreement rather than in a separate guaranty document is for the convenience of Borrower the Borrowers and each Subsidiary Guarantors Guarantor and shall will in no way impair or adversely affect the rights or benefits of Administrative Agent and Agent, the Lending Parties and the Bank Product Providers under this Section 10.1410.15. Each Subsidiary Guarantor agrees to execute and deliver a separate document, immediately upon request at any time of Administrative Agent Agent, any Lending Party or any Lending PartyBank Product Provider, evidencing each such Subsidiary Guarantor’s obligations under this Section 10.1410.15. Upon the occurrence of any Event of Default, a separate action or actions may be brought against each such Subsidiary Guarantor, whether or not Borrower, any Borrower or any other Subsidiary Guarantor or any other Person is joined therein or a separate action or actions are brought against Borrower, any such Borrower or any such other Subsidiary Guarantor or any such other Person.
Appears in 1 contract
Separate Obligation. Each Subsidiary Guarantor acknowledges and agrees that: (i) the Guaranteed Obligations are separate and distinct from any Debt Indebtedness arising under or in connection with any other document, including under any provision of this Agreement other than this Section 10.14Article XVII, executed at any time by such Subsidiary Guarantor in favor of Administrative Agent or any Lending Partyother Lenders; and (ii) such Subsidiary Guarantor shall pay and perform all of the Guaranteed Obligations as required under this Section 10.14Article XVII, and Administrative Agent and Lending Parties the other Lenders 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 10.14Article XVII, at any time executed by such Subsidiary Guarantor in favor of Administrative Agent or any Lending Partyother Lenders, irrespective of whether any such other document, or any provision thereof or hereof, shall for any reason become unenforceable or any of the Debt Indebtedness thereunder shall have been discharged, whether by performance, avoidance or otherwise. Each Subsidiary Guarantor acknowledges that, in providing benefits to BorrowerBorrowers, Administrative Agent and Lending Parties Lenders are relying upon the enforceability of this Section 10.14 Article XVII and the Guaranteed Obligations as separate and distinct Debt Indebtedness of such Subsidiary Guarantor, and each Subsidiary Guarantor agrees that Administrative Agent and Lending Parties Lxxxxxx would be denied the full benefit of their bargain if at any time this Section 10.14 Article XVII 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 Borrowers and, if applicable, any Guarantors and shall in no way impair or adversely affect the rights or benefits of Administrative Agent and Lending Parties Lenders under this Section 10.14Article XVII. Each Subsidiary Guarantor agrees to execute and deliver a separate document, immediately upon request at any time of Administrative Agent or any Lending Partyother Lenders, evidencing such Subsidiary Guarantor’s obligations under this Section 10.14Article XVII. Upon the occurrence of any Event of Default, a separate action or actions may be brought against such Subsidiary Guarantor, whether or not BorrowerBorrowers, any other Subsidiary Guarantor or any other Person is joined therein or a separate action or actions are brought against BorrowerBorrowers, any such other Subsidiary Guarantor or any such other Person.
Appears in 1 contract
Samples: Revolving Credit, Security and Guaranty Agreement (ZRCN Inc.)
Separate Obligation. Each Subsidiary Guarantor acknowledges and agrees that: (i) the Guaranteed Obligations are separate and distinct from any Debt Indebtedness arising under or in connection with any other document, including under any provision of this Agreement other than this Section 10.1410, executed at any time by such Subsidiary Guarantor in favor of Administrative Agent or any Lending Partythe Lenders; and (ii) such Subsidiary Guarantor shall pay and perform all of the Guaranteed Obligations as required under this Section 10.1410, and Administrative Agent the Lenders and Lending Parties the September Notes Lenders 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 10.1410, at any time executed by such Subsidiary Guarantor in favor of Administrative Agent or any Lending Partythe Lenders and the September Notes Lenders, irrespective of whether any such other document, or any provision thereof or hereof, shall for any reason become unenforceable or any of the Debt Indebtedness thereunder shall have been discharged, whether by performance, avoidance or otherwise. Each Subsidiary Guarantor acknowledges that, in providing benefits to Borrowerthe Company, Administrative Agent the Lenders and Lending Parties the September Notes Lenders are relying upon the enforceability of this Section 10.14 10 and the Guaranteed Obligations as separate and distinct Debt Indebtedness of such Subsidiary Guarantor, and each Subsidiary Guarantor agrees that Administrative Agent the Lenders and Lending Parties September Notes Lenders would be denied the full benefit of their bargain if at any time this Section 10.14 10 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 the Company and Subsidiary Guarantors and shall in no way impair or adversely affect the rights or benefits of Administrative Agent and Lending Parties the Lenders or the September Notes Lenders under this Section 10.1410. Each Subsidiary Guarantor agrees to execute and deliver a separate document, immediately upon request at any time of Administrative Agent any Lender or any Lending PartySeptember Notes Lender, evidencing such Subsidiary Guarantor’s obligations under this Section 10.1410. Upon the occurrence of any Event of Default, a separate action or actions may be brought against such Subsidiary Guarantor, whether or not Borrowerthe Company, any other Subsidiary Guarantor or any other Person is joined therein or a separate action or actions are brought against Borrowerthe Company, any such other Subsidiary Guarantor or any such other Person.
Appears in 1 contract
Separate Obligation. Each Subsidiary Guarantor acknowledges and agrees that: (i) the Guaranteed Obligations are separate and distinct from any Debt Indebtedness arising under or in connection with any other document, including under any provision of this Agreement other than this Section 10.1411.19, executed at any time by such Subsidiary Guarantor in favor of Administrative Agent or any Lending Partyand Lenders; and (ii) such Subsidiary Guarantor shall pay and perform all of the Guaranteed Obligations as required under this Section 10.1411.19, 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 10.1411.19, at any time executed by such Subsidiary Guarantor in favor of Administrative Agent or and any Lending PartyLender, irrespective of whether any such other document, or any provision thereof or hereof, shall for any reason become unenforceable or any of the Debt Indebtedness 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 each Lender is relying upon the enforceability of this Section 10.14 11.19 and the Guaranteed Obligations as separate and distinct Debt Indebtedness of such Subsidiary Guarantor, and each Subsidiary Guarantor agrees that Administrative Agent and Lending Parties each Lender would be denied the full benefit of their bargain if at any time this Section 10.14 11.19 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 any Lender under this Section 10.1411.19. Each Subsidiary Guarantor agrees to execute and deliver a separate document, immediately upon request at any time of Administrative Agent or any Lending PartyAgent, evidencing such Subsidiary Guarantor’s obligations under this Section 10.1411.19. 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.
Appears in 1 contract
Separate Obligation. Each Subsidiary Guarantor acknowledges and agrees that: (i) the Guaranteed Obligations are separate and distinct from any Debt Indebtedness arising under or in connection with any other document, including under any provision of this Agreement other than this Section 10.1412, executed at any time by such Subsidiary Guarantor in favor of Administrative Agent or any Lending Partyand Lender; and (ii) such Subsidiary Guarantor shall pay and perform all of the Guaranteed Obligations as required under this Section 10.1412, 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 10.1412, at any time executed by such Subsidiary Guarantor in favor of Administrative Agent or and any Lending PartyLender, irrespective of whether any such other document, or any provision thereof or hereof, shall for any reason become unenforceable or any of the Debt Indebtedness 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 each Lender is relying upon the enforceability of this Section 10.14 12 and the Guaranteed Obligations as separate and distinct Debt Indebtedness of such Subsidiary Guarantor, and each Subsidiary Guarantor agrees that Administrative Agent and Lending Parties each Lender would be denied the full benefit of their bargain if at any time this Section 10.14 12 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 any Lender under this Section 10.1412. Each Subsidiary Guarantor agrees to execute and deliver a separate document, immediately upon request at any time of Administrative Agent or any Lending PartyAgent, evidencing such Subsidiary Guarantor’s obligations under this Section 10.1412. 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.
Appears in 1 contract
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 other 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 the other 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 other 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 Borrowers 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 any Agent or any other Lending Party, evidencing such Subsidiary Guarantor’s '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 any Borrower, any such other Subsidiary Guarantor or any such other Person.
Appears in 1 contract
Samples: Loan and Security Agreement (INVACARE HOLDINGS Corp)
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 other 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 the other 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 other 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 Borrowers 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 any Agent or any other 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 any Borrower, any such other Subsidiary Guarantor or any such other Person.
Appears in 1 contract
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 10.14Article VIII, executed at any time by such Subsidiary Guarantor in favor of Administrative Agent or any Lending PartyBank; and (ii) such Subsidiary Guarantor shall pay and perform all of the Guaranteed Obligations as required under this Section 10.14Article VIII, and Administrative Agent and Lending Parties Bank may enforce any and all of their respective its rights and remedies hereunder, without regard to any other document, including any provision of this Agreement other than this Section 10.14Article VIII, at any time executed by such Subsidiary Guarantor in favor of Administrative Agent or any Lending PartyBank, 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 Bank is relying upon the enforceability of this Section 10.14 Article VIII and the Guaranteed Obligations as separate and distinct Debt of such Subsidiary Guarantor, and each Subsidiary Guarantor agrees that Administrative Agent and Lending Parties Bank would be denied the full benefit of their its bargain if at any time this Section 10.14 Article VIII 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 Bank under this Section 10.14Article VIII. Each Subsidiary Guarantor agrees to execute and deliver a separate document, immediately upon request at any time of Administrative Agent or any Lending PartyBank, evidencing such Subsidiary Guarantor’s obligations under this Section 10.14Article VIII. 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.
Appears in 1 contract
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 PartyLender; 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 Lender 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 PartyLender, 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 Lender is 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 Lender would be denied the full benefit of their its 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 Lender 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 PartyLender, 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.
Appears in 1 contract
Samples: Loan and Security Agreement (Attis Industries Inc.)
Separate Obligation. Each Subsidiary Guarantor acknowledges and agrees that: (i) that the Guaranteed Obligations are separate and distinct from any Debt indebtedness, obligations or liabilities arising under or in connection with any other documentagreement, instrument or guaranty, including under any provision of this Agreement other than this Section 10.14section 5, executed at any time by such Subsidiary Guarantor in favor of Administrative the Agent or any Lending Party; of the Lenders, and (ii) such Subsidiary Guarantor shall pay and perform all of the Guaranteed Obligations as required under this Section 10.14section 5, and Administrative the Agent and Lending Parties the Lenders may enforce any and all of their respective rights and remedies hereunder, without regard to any other documentagreement, instrument or guaranty, including any provision of this Agreement other than this Section 10.14section 5, at any time executed by such Subsidiary Guarantor in favor of Administrative the Agent or any Lending Partyof the Lenders, irrespective regardless of whether or not any such other documentagreement, instrument or guaranty, or any provision thereof or hereof, shall for any reason become unenforceable or any of the Debt indebtedness, obligations or liabilities thereunder shall have been discharged, whether by performance, avoidance or otherwise. Each Subsidiary Guarantor acknowledges that, that in providing benefits to Borrowerthe Borrowers, Administrative the Agent and Lending Parties the Lenders are relying upon the enforceability of this Section 10.14 section 5 and the Guaranteed Obligations as separate and distinct Debt indebtedness, obligations and liabilities of such Subsidiary Guarantor, and each Subsidiary Guarantor agrees that Administrative the Agent and Lending Parties the Lenders would be denied the full benefit of their bargain if at any time this Section 10.14 section 5 or the Guaranteed Obligations were treated any differently. The fact that the guaranty Guaranty of each Guarantor is set forth in this Agreement rather than in a separate guaranty document is for the convenience of Borrower the Borrowers and Subsidiary the Guarantors and shall in no way impair or adversely affect the rights or benefits of Administrative the Lenders or the Agent and Lending Parties under this Section 10.14section 5. Each Subsidiary Guarantor agrees to execute and deliver a separate documentagreement satisfactory to Agent and the Lenders, immediately upon the reasonable request at any time of Administrative the Agent or any Lending PartyLender, evidencing such Subsidiary Guarantor’s 's obligations under this Section 10.14section 5. Upon the occurrence of any Event of Default, a separate action or actions may be brought against such Subsidiary each Guarantor, whether or not Borrower, any other Subsidiary Guarantor Borrower or any other guarantor or Person is joined therein or a separate action or actions are brought against Borrower, any such other Subsidiary Guarantor Borrower or any such other guarantor or Person.
Appears in 1 contract
Samples: Credit Agreement (Ict Group Inc)
Separate Obligation. Each Subsidiary Guarantor acknowledges and agrees that: (i) that the Guaranteed Obligations are separate and distinct from any Debt indebtedness, obligations or liabilities arising under or in connection with any other documentagreement, instrument or guaranty, including under any provision of this Agreement other than this Section 10.1411.12, executed at any time by such Subsidiary Guarantor in favor of Administrative Agent or any Lending Party; Guaranteed Person, and (ii) such Subsidiary Guarantor shall pay and perform all of the Guaranteed Obligations as required under this Section 10.1411.12, and Administrative Agent and Lending Parties each Guaranteed Person may enforce any and all of their respective its rights and remedies hereunder, without regard to any other documentagreement, instrument or guaranty, including any provision of this Agreement other than this Section 10.1411.12, at any time executed by such Subsidiary Guarantor in favor of Administrative Agent or any Lending PartyGuaranteed Person, irrespective regardless of whether or not any such other documentagreement, instrument or guaranty, or any provision thereof or hereof, shall for any reason become unenforceable or any of the Debt indebtedness, obligations or liabilities thereunder or hereunder shall have been discharged, whether by performance, avoidance or otherwise. Each Subsidiary Guarantor acknowledges that, that in providing benefits to BorrowerHoldings and such Guarantor, Administrative Agent and Lending Parties the Guaranteed Persons are relying upon the enforceability of this Section 10.14 11.12 and the Guaranteed Obligations as separate and distinct Debt indebtedness, obligations and liabilities of such Subsidiary Guarantor, and each Subsidiary Guarantor agrees that Administrative Agent and Lending Parties each Guaranteed Person would be denied the full benefit of their bargain if at any time this Section 10.14 11.12 or the Guaranteed Obligations were treated any differently. The fact that the guaranty Guaranty of each Guarantor is set forth in this Agreement rather than in a separate guaranty document is for the convenience of Borrower Holdings and Subsidiary the Guarantors and shall in no way impair or adversely affect the rights or benefits of Administrative Agent and Lending Parties any Guaranteed Person under this Section 10.1411.12. Each Subsidiary Guarantor agrees to execute and deliver a separate documentagreement, immediately upon request at any time of Administrative Agent or any Lending PartyGuaranteed Person, evidencing such Subsidiary Guarantor’s obligations under this Section 10.1411.12. Upon the occurrence of any Event of Default, a separate action or actions may be brought against such Subsidiary each Guarantor, whether or not Borrower, any other Subsidiary Guarantor Holdings or any other Guarantor or Person is joined therein or a separate action or actions are brought against Borrower, Holdings or any such other Subsidiary Guarantor or any such other Person.
Appears in 1 contract
Separate Obligation. Each Subsidiary Guarantor acknowledges and agrees that: (i) that the Guaranteed Obligations are separate and distinct from any Debt indebtedness, obligations or liabilities arising under or in connection with any other documentagreement, instrument or guaranty, including under any provision of this Agreement other than this Section 10.1411.19, executed at any time by such Subsidiary the Guarantor in favor of Administrative Agent the Agent, the Issuing Bank or any Lending Party; of the Banks, and (ii) such Subsidiary the Guarantor shall pay and perform all of the Guaranteed Obligations as required under this Section 10.1411.19, and Administrative Agent the Agent, the Issuing Bank and Lending Parties the Banks may enforce any and all of their respective rights and remedies hereunder, without regard to any other documentagreement, instrument or guaranty, including any provision of this Agreement other than this Section 10.1411.19, at any time executed by such Subsidiary the Guarantor in favor of Administrative Agent the Agent, the Issuing Bank or any Lending Partyof the Banks, irrespective regardless of whether or not any such other documentagreement, instrument or guaranty, or any provision thereof or hereof, shall for any reason become unenforceable or any of the Debt indebtedness, obligations or liabilities thereunder shall have been discharged, whether by performance, avoidance or otherwise. Each Subsidiary Guarantor acknowledges that, that in providing benefits to Borrowerthe Companies and the Guarantor, Administrative Agent the Agent, the Issuing Bank and Lending Parties the Banks are relying upon the enforceability of this Section 10.14 11.19 and the Guaranteed Obligations as separate and distinct Debt indebtedness, obligations and liabilities of such Subsidiary the Guarantor, and each Subsidiary Guarantor agrees that Administrative Agent the Agent, the Issuing Bank and Lending Parties the Banks would be denied the full benefit of their bargain if at any time this Section 10.14 11.19 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 the Companies and Subsidiary the Guarantors and shall in no way impair or adversely affect the rights or benefits of Administrative the Banks, the L/C Bank or the 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 Person11.
Appears in 1 contract
Separate Obligation. Each Subsidiary Guarantor acknowledges and agrees that: (i) the Guaranteed Obligations are separate and distinct from any Debt Indebtedness arising under or in connection with any other document, including under any provision of this Agreement other than this Section 10.1411.19, executed at any time by such Subsidiary Guarantor in favor of Administrative Agent or any Lending PartyAgent; and (ii) such Subsidiary Guarantor shall pay and perform all of the Guaranteed Obligations as required under this Section 10.1411.19, 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 10.1411.19, at any time executed by such Subsidiary Guarantor in favor of Administrative Agent or any Lending PartyAgent, irrespective of whether any such other document, or any provision thereof or hereof, shall for any reason become unenforceable or any of the Debt Indebtedness thereunder shall have been discharged, whether by performance, avoidance or otherwise. Each Subsidiary Guarantor acknowledges that, in providing benefits to Borrower, Administrative Lender and Agent and Lending Parties are relying upon the enforceability of this Section 10.14 11.19 and the Guaranteed Obligations as separate and distinct Debt Indebtedness of such Subsidiary Guarantor, and each Subsidiary Guarantor agrees that Administrative Lender and Agent and Lending Parties would be denied the full benefit of their its bargain if at any time this Section 10.14 11.19 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 or Lender 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 Person11.
Appears in 1 contract
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 PartyLender; 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 Lenders 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 PartyLenders, 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 the Borrower, Administrative Agent and Lending Parties Lenders 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 Lenders 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 the Borrower and Subsidiary Guarantors and shall in no way impair or adversely affect the rights or benefits of Administrative Agent and Lending Parties Lenders 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 PartyLender, 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 the Borrower, any other Subsidiary Guarantor or any other Person is joined therein or a separate action or actions are brought against the Borrower, any such other Subsidiary Guarantor or any such other Person.
Appears in 1 contract
Samples: Credit Agreement (FlexShopper, Inc.)
Separate Obligation. Each Subsidiary Guarantor acknowledges and agrees that: that (i) the Guaranteed Obligations are separate and distinct from any Debt Indebtedness arising under or in connection with any other document, including under any provision of this Agreement other than this Section 10.1410.15 or any Bank Product, executed at any time by such Subsidiary Guarantor in favor of Administrative Agent Agent, any Lending Party or any Lending PartyBank Product Provider; and (ii) such Subsidiary Guarantor shall will pay and perform all of the Guaranteed Obligations as required under this Section 10.1410.15, and Administrative Agent and Agent, Lending Parties and Bank Product Providers 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 10.1410.15 and Section 10.03, at any time executed by such Subsidiary Guarantor in favor of Administrative Agent Agent, any Lending Party or any Lending PartyBank Product Provider, irrespective of whether any such other document, or any provision thereof or hereof, shall will for any reason become unenforceable or any of the Debt Indebtedness thereunder shall will have been discharged, whether by performance, avoidance or otherwise. Each Subsidiary Guarantor acknowledges that, in providing benefits to Borrowerthe Borrowers, Administrative Agent and Agent, Lending Parties and Bank Product Providers are relying upon the enforceability of this Section 10.14 unsecured, may be subject to the write-down and the Guaranteed Obligations as separate conversion powers of an EEA Resolution Authority and distinct Debt of such Subsidiary Guarantoragrees and consents to, and each Subsidiary Guarantor acknowledges and agrees to be bound by:
(a) the application of any Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising hereunder which may be payable to it by any party hereto that Administrative Agent is an EEA Financial Institution; and
(b) the effects of any Bail-In Action on any such liability, including, if applicable:
(i) a reduction in full or in part or cancellation of any such liability;
(ii) a conversion of all, or a portion of, such liability into shares or other instruments of ownership in such EEA Financial Institution, its parent undertaking, or a bridge institution that may be issued to it or otherwise conferred on it, and Lending Parties would that such shares or other instruments of ownership will be denied the full benefit accepted by it in lieu of their bargain if at any time this Section 10.14 or the Guaranteed Obligations were treated rights with respect to any differently. The fact that the guaranty is set forth in such liability under 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, Loan Document; or
(iii) the variation of the terms of such liability in connection with the exercise of the Write-Down and Conversion Powers of any such other Subsidiary Guarantor or any such other PersonEEA Resolution Authority.
Appears in 1 contract
Separate Obligation. Each Subsidiary Guarantor acknowledges ------------------- and agrees that: (i) that the Guaranteed Obligations are separate and distinct from any Debt indebtedness, obligations or liabilities arising under or in connection with any other documentagreement, instrument or guaranty, including under any provision of this Agreement other than this Section 10.1411.12, executed at any time by such Subsidiary Guarantor in favor of Administrative Agent or any Lending Party; Guaranteed Person, and (ii) such Subsidiary Guarantor shall pay and perform all of the Guaranteed Obligations as required under this Section 10.1411.12, and Administrative Agent and Lending Parties each Guaranteed Person may enforce any and all of their respective its rights and remedies hereunder, without regard to any other documentagreement, instrument or guaranty, including any provision of this Agreement other than this Section 10.1411.12, at any time executed by such Subsidiary Guarantor in favor of Administrative Agent or any Lending PartyGuaranteed Person, irrespective regardless of whether or not any such other documentagreement, instrument or guaranty, or any provision thereof or hereof, shall for any reason become unenforceable or any of the Debt indebtedness, obligations or liabilities thereunder shall have been discharged, whether by performance, avoidance or otherwise. Each Subsidiary Guarantor acknowledges that, that in providing benefits to Borrowerthe Company and such Guarantor, Administrative Agent and Lending Parties the Guaranteed Persons are relying upon the enforceability of this Section 10.14 11.12 and the Guaranteed Obligations as separate and distinct Debt indebtedness, obligations and liabilities of such Subsidiary Guarantor, and each Subsidiary Guarantor agrees that Administrative Agent and Lending Parties each Guaranteed Person would be denied the full benefit of their bargain if at any time this Section 10.14 11.12 or the Guaranteed Obligations were treated any differently. The fact that the guaranty Guaranty of each Guarantor is set forth in this Agreement rather than in a separate guaranty document is for the convenience of Borrower the Company and Subsidiary the Guarantors and shall in no way impair or adversely affect the rights or benefits of Administrative Agent and Lending Parties any Guaranteed Person 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 Person11.
Appears in 1 contract
Samples: Credit Agreement (Mail Well Inc)
Separate Obligation. Each Subsidiary Guarantor acknowledges and agrees that: (i) the Guaranteed Obligations are separate and distinct from any Debt Indebtedness arising under or in connection with any other document, including under any provision of this Agreement other than this Section 10.1410.4, executed at any time by such Subsidiary Guarantor in favor of Administrative Agent or any Lending PartyLender; and (ii) such Subsidiary Guarantor shall pay and perform all of the Guaranteed Obligations as required under this Section 10.1410.4, and Administrative Agent and Lending Parties Lender 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 10.1410.4, at any time executed by such Subsidiary Guarantor in favor of Administrative Agent or any Lending PartyLender, irrespective of whether any such other document, or any provision thereof or hereof, shall for any reason become unenforceable or any of the Debt Indebtedness 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 Lender is relying upon the enforceability of this Section 10.14 10.4 and the Guaranteed Obligations as separate and distinct Debt Indebtedness of such Subsidiary Guarantor, and each Subsidiary Guarantor agrees that Administrative Agent and Lending Parties Lender would be denied the full benefit of their its bargain if at any time this Section 10.14 10.4 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 Lender under this Section 10.1410.4. Each Subsidiary Guarantor agrees to execute and deliver a separate document, immediately upon request at any time of Administrative Agent or any Lending PartyLender, evidencing such Subsidiary Guarantor’s obligations under this Section 10.1410.4. 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.
Appears in 1 contract
Separate Obligation. Each Subsidiary Guarantor acknowledges and agrees that: (i) that the Guaranteed Obligations are separate and distinct from any Debt indebtedness, obligations or liabilities arising under or in connection with any other documentagreement, instrument or guaranty, including under any provision of this Agreement other than this Section 10.1410.12, executed at any time by such Subsidiary Guarantor in favor of Administrative Agent or any Lending Party; Guaranteed Person, and (ii) such Subsidiary Guarantor shall pay and perform all of the Guaranteed Obligations as required under this Section 10.1410.12, and Administrative Agent and Lending Parties each Guaranteed Person may enforce any and all of their respective its rights and remedies hereunder, without regard to any other documentagreement, instrument or guaranty, including any provision of this Agreement other than this Section 10.1410.12, at any time executed by such Subsidiary Guarantor in favor of Administrative Agent or any Lending PartyGuaranteed Person, irrespective regardless of whether or not any such other documentagreement, instrument or guaranty, or any provision thereof or hereof, shall for any reason become unenforceable or any of the Debt indebtedness, obligations or liabilities thereunder shall have been discharged, whether by performance, avoidance or otherwise. Each Subsidiary Guarantor acknowledges that, that in providing benefits to Borrowerthe Company and such Guarantor, Administrative Agent and Lending Parties the Guaranteed Persons are relying upon the enforceability of this Section 10.14 10.12 and the Guaranteed Obligations as separate and distinct Debt indebtedness, obligations and liabilities of such Subsidiary Guarantor, and each Subsidiary Guarantor agrees that Administrative Agent and Lending Parties each Guaranteed Person would be denied the full benefit of their bargain if at any time this Section 10.14 10.12 or the Guaranteed Obligations were treated any differently. The fact that the guaranty Guaranty of each Guarantor is set forth in this Agreement rather than in a separate guaranty document is for the convenience of Borrower the Company and Subsidiary the Guarantors and shall in no way impair or adversely affect the rights or benefits of Administrative Agent and Lending Parties any Guaranteed Person 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 Person10.
Appears in 1 contract
Separate Obligation. Each Subsidiary Guarantor acknowledges and agrees that: that (i) the Guaranteed Obligations are separate and distinct from any Debt Indebtedness arising under or in connection with any other document, including under any provision of this Agreement other than this Section 10.1410.15,10.15 or any Bank Product, executed at any time by such Subsidiary Guarantor in favor of Administrative Agent or, any Lending Party or any Lending PartyBank Product Provider; and (ii) such Subsidiary Guarantor shall will pay and perform all of the Guaranteed Obligations as required under this Section 10.1410.15, and Administrative Agent and and, Lending Parties and Bank Product Providers 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 10.1410.15,10.15 and Section 10.03, at any time executed by such Subsidiary Guarantor in favor of Administrative Agent or, any Lending Party or any Lending PartyBank Product Provider, irrespective of whether any such other document, or any provision thereof or hereof, shall will for any reason become unenforceable or any of the Debt Indebtedness thereunder shall will have been discharged, whether by performance, avoidance or otherwise. Each Subsidiary Guarantor acknowledges that, in providing benefits to Borrowerthe Borrowers, Administrative Agent and and, Lending Parties and Bank Product Providers are relying upon the enforceability of this Section 10.14 10.15 and the Guaranteed Obligations as separate and distinct Debt Indebtedness of each such Subsidiary Guarantor, and each Subsidiary Guarantor agrees that Administrative Agent and and, the Lending Parties and the Bank Product Providers would be denied the full benefit of their bargain if at any time this Section 10.14 10.15 or the Guaranteed Obligations were treated any differently. The fact that the guaranty Guaranty is set forth in this Agreement rather than in a separate guaranty document is for the convenience of Borrower the Borrowers and each Subsidiary Guarantors Guarantor and shall will in no way impair or adversely affect the rights or benefits of Administrative Agent and and, the Lending Parties and the Bank Product Providers under this Section 10.1410.15. Each Subsidiary Guarantor agrees to execute and deliver a separate document, immediately upon request at any time of Administrative Agent or, any Lending Party or any Lending PartyBank Product Provider, evidencing each such Subsidiary Guarantor’s obligations under this Section 10.1410.15. Upon the occurrence of any Event of Default, a separate action or actions may be brought against each such Subsidiary Guarantor, whether or not Borrower, any Borrower or any other Subsidiary Guarantor or any other Person is joined therein or a separate action or actions are brought against Borrower, any such Borrower or any such other Subsidiary Guarantor or any such other Person.
Appears in 1 contract
Separate Obligation. Each Subsidiary Guarantor acknowledges and agrees that: (i) that the Guaranteed Obligations are separate and distinct from any Debt indebtedness, obligations or liabilities arising under or in connection with any other documentagreement, instrument or guaranty, including under any provision of this Agreement other than this Section 10.1411.12, executed at any time by such Subsidiary Guarantor in favor of Administrative Agent or any Lending Party; Guaranteed Person, and (ii) such Subsidiary Guarantor shall pay and perform all of the Guaranteed Obligations as required under this Section 10.1411.12, and Administrative Agent and Lending Parties each Guaranteed Person may enforce any and all of their respective its rights and remedies hereunder, without regard to any other documentagreement, instrument or guaranty, including any provision of this Agreement other than this Section 10.1411.12, at any time executed by such Subsidiary Guarantor in favor of Administrative Agent or any Lending PartyGuaranteed Person, irrespective regardless of whether or not any such other documentagreement, instrument or guaranty, or any provision thereof or hereof, shall for any reason become unenforceable or any of the Debt indebtedness, obligations or liabilities thereunder shall have been discharged, whether by performance, avoidance or otherwise. Each Subsidiary Guarantor acknowledges that, that in providing benefits to BorrowerHoldings and such Guarantor, Administrative Agent and Lending Parties the Guaranteed Persons are relying upon the enforceability of this Section 10.14 11.12 and the Guaranteed Obligations as separate and distinct Debt indebtedness, obligations and liabilities of such Subsidiary Guarantor, and each Subsidiary Guarantor agrees that Administrative Agent and Lending Parties each Guaranteed Person would be denied the full benefit of their bargain if at any time this Section 10.14 11.12 or the Guaranteed Obligations were treated any differently. The fact that the guaranty Guaranty of each Guarantor is set forth in this Agreement rather than in a separate guaranty document is for the convenience of Borrower Holdings and Subsidiary the Guarantors and shall in no way impair or adversely affect the rights or benefits of Administrative Agent and Lending Parties any Guaranteed Person under this Section 10.1411.12. Each Subsidiary Guarantor agrees to execute and deliver a separate documentagreement, immediately upon request at any time of Administrative Agent or any Lending PartyGuaranteed Person, evidencing such Subsidiary Guarantor’s obligations under this Section 10.1411.12. Upon the occurrence of any Event of Default, a separate action or actions may be brought against such Subsidiary each Guarantor, whether or not Borrower, any other Subsidiary Guarantor Holdings or any other Guarantor or Person is joined therein or a separate action or actions are brought against Borrower, Holdings or any such other Subsidiary Guarantor or any such other Person.
Appears in 1 contract
Separate Obligation. Each Subsidiary Guarantor acknowledges and agrees that: (i) that the Guaranteed Obligations are separate and distinct from any Debt indebtedness, obligations or liabilities arising under or in connection with any other documentagreement, instrument or guaranty, including under any provision of this Agreement other than this Section 10.1411.10, executed at any time by such Subsidiary Guarantor in favor of Administrative Agent or any Lending Party; Guaranteed Person, and (ii) such Subsidiary Guarantor shall pay and perform all of the Guaranteed Obligations as required under this Section 10.1411.10, and Administrative Agent and Lending Parties each Guaranteed Person may enforce any and all of their respective its rights and remedies hereunder, without regard to any other documentagreement, instrument or guaranty, including any provision of this Agreement other than this Section 10.1411.10, at any time executed by such Subsidiary Guarantor in favor of Administrative Agent or any Lending PartyGuaranteed Person, irrespective regardless of whether or not any such other documentagreement, instrument or guaranty, or any provision thereof or hereof, shall for any reason become unenforceable or any of the Debt indebtedness, obligations or liabilities thereunder or hereunder shall have been discharged, whether by performance, avoidance or otherwise. Each Subsidiary Guarantor acknowledges that, that in providing benefits to BorrowerHoldings and such Guarantor, Administrative Agent and Lending Parties the Guaranteed Persons are relying upon the enforceability of this Section 10.14 11.10 and the Guaranteed Obligations as separate and distinct Debt indebtedness, obligations and liabilities of such Subsidiary Guarantor, and each Subsidiary Guarantor agrees that Administrative Agent and Lending Parties each Guaranteed Person would be denied the full benefit of their bargain if at any time this Section 10.14 11.10 or the Guaranteed Obligations were treated any differently. The fact that the guaranty Guaranty of each Guarantor is set forth in this Agreement rather than in a separate guaranty document is for the convenience of Borrower Holdings and Subsidiary the Guarantors and shall in no way impair or adversely affect the rights or benefits of Administrative Agent and Lending Parties any Guaranteed Person under this Section 10.1411.10. Each Subsidiary Guarantor agrees to execute and deliver a separate documentagreement, immediately upon request at any time of Administrative Agent or any Lending PartyGuaranteed Person, evidencing such Subsidiary Guarantor’s obligations under this Section 10.1411.10. Upon the occurrence of any Event of Default, a separate action or actions may be brought against such Subsidiary each Guarantor, whether or not Borrower, any other Subsidiary Guarantor Holdings or any other Guarantor or Person is joined therein or a separate action or actions are brought against Borrower, Holdings or any such other Subsidiary Guarantor or any such other Person.
Appears in 1 contract
Separate Obligation. Each Subsidiary Guarantor acknowledges and agrees that: (i) the Guaranteed Obligations are separate and distinct from any Debt Indebtedness arising under or in connection with any other document, including under any provision of this Agreement other than this Section 10.1411, executed at any time by such Subsidiary Guarantor in favor of Administrative Agent or any Lending PartyLender; and (ii) such Subsidiary Guarantor shall pay and perform all of the Guaranteed Obligations as required under this Section 10.1411, and Administrative Agent and Lending Parties Lender may enforce any and all of their respective its rights and remedies hereunder, without regard to any other document, including any provision of this Agreement other than this Section 10.1411, at any time executed by such Subsidiary Guarantor in favor of Administrative Agent or any Lending PartyLender, irrespective of whether any such other document, or any provision thereof or hereof, shall for any reason become unenforceable or any of the Debt Indebtedness thereunder shall have been discharged, whether by performance, avoidance or otherwise. Each Subsidiary Guarantor acknowledges that, in providing benefits to Borrower, Administrative Agent Borrower and Lending Parties are Lender is relying upon the enforceability of this Section 10.14 11 and the Guaranteed Obligations as separate and distinct Debt Indebtedness of such Subsidiary Guarantor, and each Subsidiary Guarantor agrees that Administrative Agent and Lending Parties Lender would be denied the full benefit of their its bargain if at any time this Section 10.14 11 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 Lender under this Section 10.1411. Each Subsidiary Guarantor agrees to execute and deliver a separate document, immediately upon request at any time of Administrative Agent or any Lending PartyLender, evidencing such Subsidiary Guarantor’s obligations under this Section 10.1411. 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.
Appears in 1 contract
Separate Obligation. Each Subsidiary Guarantor acknowledges and agrees that: (i) that the Guaranteed Obligations are separate and distinct from any Debt indebtedness, obligations or liabilities arising under or in connection with any other documentagreement, instrument or guaranty, including under any provision of this Agreement other than this Section 10.1411.18, executed at any time by such Subsidiary the Guarantor in favor of Administrative Agent the Agent, the Issuing Bank or any Lending Party; of the Banks, and (ii) such Subsidiary the Guarantor shall pay and perform all of the Guaranteed Obligations as required under this Section 10.1411.18, and Administrative Agent the Agent, the Issuing Bank and Lending Parties the Banks may enforce any and all of their respective rights and remedies hereunder, without regard to any other documentagreement, instrument or guaranty, including any provision of this Agreement other than this Section 10.1411.18, at any time executed by such Subsidiary the Guarantor in favor of Administrative Agent the Agent, the Issuing Bank or any Lending Partyof the Banks, irrespective regardless of whether or not any such other documentagreement, instrument or guaranty, or any provision thereof or hereof, shall for any reason become unenforceable or any of the Debt indebtedness, obligations or liabilities thereunder shall have been discharged, whether by performance, avoidance or otherwise. Each Subsidiary Guarantor acknowledges that, that in providing benefits to Borrowerthe Companies and the Guarantor, Administrative Agent the Agent, the Issuing Bank and Lending Parties the Banks are relying upon the enforceability of this Section 10.14 11.18 and the Guaranteed Obligations as separate and distinct Debt indebtedness, obligations and liabilities of such Subsidiary the Guarantor, and each Subsidiary Guarantor agrees that Administrative Agent the Agent, the Issuing Bank and Lending Parties the Banks would be denied the full benefit of their bargain if at any time this Section 10.14 11.18 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 the Companies and Subsidiary the Guarantors and shall in no way impair or adversely affect the rights or benefits of Administrative the Banks, the L/C Bank or the Agent and Lending Parties under this Section 10.1411.18. Each Subsidiary Guarantor agrees to execute and deliver a separate documentagreement, immediately upon request at any time of Administrative the Agent or any Lending PartyBank, evidencing such Subsidiary Guarantor’s 's obligations under this Section 10.1411.18. Upon the occurrence of any Event of Default, a separate action or actions may be brought against such Subsidiary the Guarantor, whether or not Borrower, any other Subsidiary Guarantor Company or any other guarantor or Person is joined therein or a separate action or actions are brought against Borrower, any such other Subsidiary Guarantor Company or any such other guarantor or Person.
Appears in 1 contract
