Common use of Several Obligations; Certain Remedies Independent Clause in Contracts

Several Obligations; Certain Remedies Independent. The failure of any Lender to make its Loans on the Funding Date shall not relieve any other Lender of its obligation to make its Loans on such date, and neither any Lender nor any Agent shall be responsible for the failure of any other Lender to make its Loans to be made by such other Lender on such date, and (except as otherwise provided in Section 4.12) no Lender shall have any obligation to any Agent or any other Lender for the failure by such Lender to make its Loans required to be made by such Lender on such date. The amounts payable by the Borrower at any time hereunder to each Lender shall be a separate and independent debt, and each Lender shall be entitled to protect and enforce its individual rights arising out of this Agreement and the Notes independently of any other Lender, and it shall not be necessary for any other Lender or any Agent to consent to, or be joined as an additional party in, any proceedings to recover the payment of any overdue amounts.

Several Obligations; Certain Remedies Independent. The failure of any Lender to make its Loans on the Funding Disbursement Date shall not relieve any other Lender of its obligation to make its Loans on such date, and neither any Lender nor any the Agent shall be responsible for the failure of any other Lender to make its Loans to be made by such other Lender on such date, and (except as otherwise provided in Section 4.12) no Lender shall have any obligation to any the Agent or any other Lender for the failure by such Lender to make its Loans required to be made by such Lender on such date. The amounts payable by the Borrower at any time hereunder to each Lender shall be a separate and independent debt, and except for exercising the remedies (including acceleration of the Loans) set forth in the final paragraph of Section 9, each Lender shall be entitled to protect and enforce its individual rights arising out of this Agreement and the Notes independently of any other Lender, and it shall not be necessary for any other Lender or any the Agent to consent to, or be joined as an additional party in, any proceedings to recover the payment of any overdue amounts.

Several Obligations; Certain Remedies Independent. The failure of any Lender to make its Loans the Loan to be made by it on the Funding Borrowing Date shall not relieve any other Lender of its obligation to make its Loans Loan on such date, and but neither any Lender nor any the Administrative Agent shall be responsible for the failure of any other Lender to make its Loans the Loan to be made by such other Lender on such date, and (except as otherwise provided in Section 4.124.05 hereof) no Lender shall have any obligation to any the Administrative Agent or any other Lender for the failure by such Lender to make its Loans the -11- Loan required to be made by such Lender on such dateLender. The amounts payable by the Borrower at any time hereunder and under the Notes to each Lender shall be a separate and independent debt, and each Lender Lender, subject to Section 9 hereof, shall be entitled to protect and enforce its individual rights arising out of this Agreement and the Notes independently of any other Lender, and it shall not be necessary for any other Lender or any the Administrative Agent to consent to, or be joined as an additional party in, any proceedings to recover the payment of any overdue amounts.

Several Obligations; Certain Remedies Independent. The failure of any Lender to make its the Loan or Loans to be made by it on the Funding Date occasion of the Borrowing shall not relieve any other Lender of its obligation to make its Loan or Loans on such date, and but neither any Lender nor any Agent shall be responsible for the failure of any other Lender to make its the Loan or Loans to be made by such other Lender on such date, and (except as otherwise provided in Section 4.12) no Lender shall have any obligation to any either Agent or any other Lender for the failure by such Lender to make its any Loan or Loans required to be made by such Lender on such dateLender. The amounts payable by the Borrower at any time hereunder and under the Notes to each Lender shall be a separate and independent debt, and each Lender shall be entitled to protect and enforce its individual rights arising out of this Agreement and the Notes independently of any other Lender, and except to the extent this Agreement provides that the exercise of any right shall require the consent of the Majority Lenders or of all of the Lenders, and, except as so required, it shall not be necessary for any other Lender or any either Agent to consent to, or be joined as an additional party in, any proceedings to recover the payment of any overdue amounts.

Several Obligations; Certain Remedies Independent. The failure of any Lender to make its Loans the Loan to be made by it on the Funding Borrowing Date shall not relieve any other Lender of its obligation to make its Loans Loan on such date, and but neither any Lender nor any the Administrative Agent shall be responsible for the failure of any other Lender to make its Loans the Loan to be made by such other Lender on such date, and (except as otherwise provided in Section 4.124.05 hereof) no Lender shall have any obligation to any the Administrative Agent or any other Lender for the failure by such Lender to make its Loans the Loan required to be made by such Lender on such dateLender. The amounts payable by the Borrower at any time hereunder and under the Notes to each Lender shall be a separate and independent debt, and each Lender Lender, subject to Section 9 hereof, shall be entitled to protect and enforce its individual rights arising out of this Agreement and the Notes independently of any other Lender, and it shall not be necessary for any other Lender or any the Administrative Agent to consent to, or be joined as an additional party in, any proceedings to recover the payment of any overdue amounts.

Several Obligations; Certain Remedies Independent. The failure of any Lender to make its Loans on the Funding Closing Date or on the Tender Offer Date, as applicable, shall not relieve any other Lender of its obligation to make its Loans on such date, and neither any Lender nor any Agent shall be responsible for the failure of any other Lender to make its Loans to be made by such other Lender on such date, and (except as otherwise provided in Section 4.12) no Lender shall have any obligation to any Agent or any other Lender for the failure by such Lender to make its Loans required to be made by such Lender on such date. The amounts payable by the Borrower at any time hereunder to each Lender shall be a separate and independent debt, and each Lender shall be entitled to protect and enforce its individual rights arising out of this Agreement and the Notes Checks independently of any other Lender, and it shall not be necessary for any other Lender or any Agent to consent to, or be joined as an additional party in, any proceedings to recover the payment of any overdue amounts.

Several Obligations; Certain Remedies Independent. The failure of any Lender to make its Loans the Loan to be made by it on the Funding Date occasion of the Borrowing shall not relieve any other Lender of its obligation to make its Loans Loan on such date, and but neither any Lender nor any Agent shall be responsible for the failure of any other Lender to make its Loans the Loan to be made by such other Lender on such date, and (except as otherwise provided in Section 4.12) no Lender shall have any obligation to any Agent or any other Lender for the failure by such Lender to make its Loans any Loan required to be made by such Lender on such dateLender. The amounts payable by the Borrower at any time hereunder and under the Notes to each Lender shall be a separate and independent debt, and each Lender shall be entitled to protect and enforce its individual rights arising out of this Agreement and the Notes independently of any other Lender, and except to the extent this Agreement expressly provides that the exercise of any right shall require the consent of the Majority Lenders or of all of the Lenders, and, except as so required, it shall not be necessary for any other Lender or any Agent to consent to, or be joined as an additional party in, any proceedings to recover the payment of any overdue amounts.

Several Obligations; Certain Remedies Independent. The failure of any Lender to make its the Loan or Loans to be made by it on the Funding Date occasion of the Borrowing shall not relieve any other Lender of its obligation to make its Loan or Loans on such date, and but neither any Lender nor any Agent shall be responsible for the failure of any other Lender to make its the Loan or Loans to be made by such other Lender on such date, and (except as otherwise provided in Section 4.12) no Lender shall have any obligation to any either Agent or any other Lender for the failure by such Lender to make its any Loan or Loans required to be made by such Lender on such dateLender. The amounts payable by the Borrower Borrowers at any time hereunder and under the Notes to each Lender shall be a separate and independent debt, and each Lender shall shall, subject to the terms of the Intercreditor Agreement, be entitled to protect and enforce its individual rights arising out of this Agreement and the Notes independently of any other Lender, and except to the extent this Agreement provides that the exercise of any right shall require the consent of the Majority Lenders or of all of the Lenders, and, except as so required, it shall not be necessary for any other Lender or any either Agent to consent to, or be joined as an additional party in, any proceedings to recover the payment of any overdue amounts.