Common use of Several Obligations; Remedies Independent Clause in Contracts

Several Obligations; Remedies Independent. The failure of any Bank to make any Loan to be made by it on the date specified therefor shall not relieve any other Bank of its obligation to make its Loan on such date, but neither any Bank nor the Administrative Agent shall be responsible for the failure of any other Bank to make a Loan to be made by such other Bank, and no Bank shall have any obligation to the Administrative Agent or any other Bank for the failure by such Bank to make any Loan required to be made by such Bank. The amounts payable by the Company at any time hereunder and under the Notes to each Bank shall be a separate and independent debt and each Bank shall, subject to the express provisions of Section 9 with respect to the termination of the Commitments and the declaration of the Loans to be due and payable, be entitled to protect and enforce its rights arising out of this Agreement and the Notes, and it shall not be necessary for any other Bank or the Administrative Agent to consent to, or be joined as an additional party in, any proceedings for such purposes.

Several Obligations; Remedies Independent. The failure of any Bank to make any Loan to be made by it on the date specified therefor shall not relieve any other Bank of its obligation to make its Loan on such date, but neither any Bank nor the Administrative Agent shall be responsible for the failure of any other Bank to make a Loan to be made by such other Bank, and (except as otherwise provided in SECTION 4.6 hereof) no Bank shall have any obligation to the Administrative Agent or any other Bank for the failure by such Bank to make any Loan required to be made by such Bank. The amounts payable by the Company Borrowers at any time hereunder and under the Notes to each Bank shall be a separate and independent debt and each Bank shall, subject to the express provisions of Section 9 with respect to the termination of the Commitments and the declaration of the Loans to be due and payable, shall be entitled to protect and enforce its rights arising out of this Agreement and the NotesNotes (subject, in the case of the right to accelerate, to SECTION 9 hereof), and it shall not be necessary for any other Bank Bank, or the Administrative Agent to consent to, or be joined as an additional party in, any proceedings for such purposes.

Several Obligations; Remedies Independent. The failure of any Bank to make any Loan to be made by it on the date specified therefor shall not relieve any other Bank of its obligation to make its Loan on such date, but neither any Bank nor the Administrative Agent shall be responsible for the failure of any other Bank to make a Loan to be made by such other Bank, and (except as otherwise provided in Section 4.6 hereof) no Bank shall have any obligation to the Administrative Agent or any other Bank for the failure by such Bank to make any Loan required to be made by such Bank. The amounts payable by the Company Borrowers at any time hereunder and under the Notes to each Bank shall be a separate and independent debt and each Bank shall, subject to the express provisions of Section 9 with respect to the termination of the Commitments and the declaration of the Loans to be due and payable, shall be entitled to protect and enforce its rights arising out of this Agreement and the NotesNotes (subject, in the case of the right to accelerate, to Section 9 hereof), and it shall not be necessary for any other Bank Bank, or the Administrative Agent to consent to, or be joined as an additional party in, any proceedings for such purposes.