Common use of Additional and Independent Obligations Clause in Contracts

Additional and Independent Obligations. Each Guarantor's obligations under this Guaranty are in addition to its obligations under any future guaranties, each of which shall remain in full force and effect until it is expressly modified or released in a writing signed by Administrative Agent and consented to by the Lenders. Each Guarantor's obligations under this Guaranty are independent of those of Borrowers on the Indebtedness. Subject to Section 8.02 of the Credit Agreement, Administrative Agent or the Lenders may bring a separate action, or commence a separate arbitration proceeding against each Guarantor without first proceeding against Borrowers, any other person or any security that Administrative Agent or any Lender may hold, and without pursuing any other remedy. None of Administrative Agent's or any Lender's rights under this Guaranty shall be exhausted by any action by Administrative Agent or any Lender until the Indebtedness has been paid and performed in full in cash.

Appears in 2 contracts

Samples: Payment Guaranty (Apartment Investment & Management Co), Payment Guaranty (Apartment Investment & Management Co)

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Additional and Independent Obligations. Each Guarantor's ’s obligations under this Guaranty are in addition to its obligations under any other existing or future guaranties, each of which shall remain in full force and effect until it is expressly modified or released in a writing signed by Administrative Agent and consented to by the Lendersbeneficiary of such other guaranty or guaranties. Each Guarantor's ’s obligations under this Guaranty are independent of those of Borrowers a Borrower on the IndebtednessGuaranteed Obligations. Subject to Section 8.02 of the Credit Agreement, Administrative Agent or the Lenders The Guaranteed and Secured Parties may bring a separate action, or commence a separate reference or arbitration proceeding against each a Guarantor without first proceeding against Borrowersa Borrower, any other person Person or any security that Administrative Agent or any Lender may hold, and without pursuing any other remedy. None of Administrative Agent's or any Lender's The Guaranteed and Secured Parties rights under this Guaranty shall not be exhausted by any action by Administrative Agent or any Lender the Guaranteed and Secured Parties until the Indebtedness has Guaranteed Obligations have been paid and performed in full in cashfull.

Appears in 2 contracts

Samples: Credit Agreement (American Vanguard Corp), Credit Agreement (American Vanguard Corp)

Additional and Independent Obligations. Each Guarantor's obligations under this Guaranty are in addition to its obligations under any future guaranties, each of which shall remain in full force and effect until it is expressly modified or released in a writing signed by Administrative Agent and consented to by the Lenders. Each Guarantor's obligations under this Guaranty are independent of those of Borrowers Acquisition Sub on the Guarantied Indebtedness. Subject to Except as provided in Section 8.02 of the Credit Agreement2.01(b)(i), Administrative Agent or the Lenders may bring a separate action, or commence a separate arbitration proceeding proceeding, against each Guarantor without first proceeding against BorrowersAcquisition Sub, any other Guarantor or person or any security that Administrative Agent or any Lender may hold, and without pursuing any other remedy. None of Administrative Agent's or any Lender's rights under this Guaranty shall be exhausted by any action by Administrative Agent or any Lender until the Guarantied Indebtedness has been paid and performed in full in cash.

Appears in 2 contracts

Samples: Credit Agreement (Apartment Investment & Management Co), Joinder Agreement (Apartment Investment & Management Co)

Additional and Independent Obligations. Each Guarantor's obligations under this Guaranty are in addition to its obligations under any future guaranties, each of which shall remain in full force and effect until it is expressly modified or released in a writing signed by Administrative Agent and consented to by the Lenders. Each Guarantor's obligations under this Guaranty are independent of those of Borrowers on the Indebtedness. Subject to Section SECTION 8.02 of the Credit Agreement, Administrative Agent or the Lenders may bring a separate action, or commence a separate arbitration proceeding against each Guarantor without first proceeding against Borrowers, any other person or any security that Administrative Agent or any Lender may hold, and without pursuing any other remedy. None of Administrative Agent's or any Lender's rights under this Guaranty shall be exhausted by any action by Administrative Agent or any Lender until the Indebtedness has been paid and performed in full in cash.

Appears in 1 contract

Samples: Payment Guaranty (Apartment Investment & Management Co)

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Additional and Independent Obligations. Each The Guarantor's obligations under this Guaranty are in addition to its obligations under any other existing or future guaranties, each of which shall remain in full force and effect until it is expressly modified or released in a writing signed by Administrative Agent and consented to by the Lendersbeneficiary of such other guaranty or guaranties. Each The Guarantor's obligations under this Guaranty are independent of those of Borrowers the Borrower on the IndebtednessGuaranteed Obligations. Subject to Section 8.02 of the Credit Agreement, The Administrative Agent or and the Lenders may bring a separate action, or commence a separate reference or arbitration proceeding against each the Guarantor without first proceeding against Borrowersthe Borrower, any other person Person or any security that the Administrative Agent or any Lender may hold, and without pursuing any other remedy. None of Neither the Administrative Agent's or nor any Lender's rights under this Guaranty shall be exhausted by any action by the Administrative Agent or any Lender until the Indebtedness has Guaranteed Obligations have been paid and performed in full in cashfull.

Appears in 1 contract

Samples: Credit Agreement (Callaway Golf Co /Ca)

Additional and Independent Obligations. Each Completion Guarantor's obligations under this Completion Guaranty are in addition to its obligations under any other existing or future guarantiesguaranties given in connection with the Loan Agreement, each of which and they shall remain in full force and effect until it is expressly modified (a) they are performed in full or released (b) they terminate in a writing signed by Administrative Agent and consented to by accordance with the Lendersterms hereof. Each Completion Guarantor's obligations under this Completion Guaranty are independent of those of Borrowers on Borrower under the Indebtednessother Loan Documents. Subject to Section 8.02 of the Credit Agreement, The Administrative Agent or the Lenders may bring a separate action, or commence a separate reference or arbitration proceeding against each Completion Guarantor without first proceeding against BorrowersBorrower, any other person or any security that the Administrative Agent or any Lender the Creditors may hold, and without pursuing any other remedy. None of Administrative Agent's or any Lender's The rights under this Completion Guaranty shall not be exhausted by any action by the Administrative Agent or any Lender or Creditor until the Indebtedness has Loans have been paid and performed in full in cashfull.

Appears in 1 contract

Samples: Station Casinos Inc

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