INDEPENDENT NATURE OF LENDERS' RIGHTS. The amounts payable 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 rights pursuant to this Agreement and its Notes, and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
INDEPENDENT NATURE OF LENDERS' RIGHTS. Nothing contained herein or in any other Credit Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable 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 rights arising hereunder and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
INDEPENDENT NATURE OF LENDERS' RIGHTS. The amounts payable at any time hereunder to each Lender under such Lender's Note or Notes shall be a separate and independent debt.
INDEPENDENT NATURE OF LENDERS' RIGHTS. The amounts payable at any time hereunder to each Lender on account of such Lender’s Loans and under any Note or Notes held by it shall be a separate and independent debt.
INDEPENDENT NATURE OF LENDERS' RIGHTS. The amounts payable at any time under this Agreement to each Agent and each Lender shall be separate and independent debts; each Lender shall be entitled to protect and enforce its rights arising out of this Agreement; and it shall not be necessary for any Agent or any other Lender to be joined as an additional party in any proceeding for such purpose.
INDEPENDENT NATURE OF LENDERS' RIGHTS. Nothing contained in any Loan Document and no action taken by Administrative Agent or any Lender or the Borrower or any Loan Party pursuant hereto or thereto shall be deemed to constitute Lenders and/or the Administrative Agent and/or any Loan Party to be a partnership, an association, a joint venture or any other kind of entity. The amounts payable 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 rights arising out of this Agreement and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
INDEPENDENT NATURE OF LENDERS' RIGHTS. Nothing contained in any Loan Document and no action taken by the Lender or the Borrower or any Loan Party pursuant hereto or thereto shall be deemed to constitute the Lender and/or any Loan Party to be a partnership, an association, a joint venture or any other kind of entity.
INDEPENDENT NATURE OF LENDERS' RIGHTS. The amounts payable at any time hereunder to each Lender under such Lender's Note or Notes shall be a separate and independent debt. Each of the parties hereto has caused a counterpart of this Credit Agreement to be duly executed and delivered as of the date first above written. COMPANY: XXXXXXXX BEACH/XXXXXXX-SILEX, INC., By: /s/ Xxxxx X. Xxxxxx ----------------------------------------- Name: Xxxxx X. Xxxxxx Title: Vice President and Treasurer U.S. SUBSIDIARY BORROWERS: [NONE] CANADIAN BORROWER: XXXXXXX-SILEX CANADA INC. By: /s/ Xxxxx X. Xxxxxx ----------------------------------------- Name: Xxxxx X. Xxxxxx Title: Treasurer AGENTS AND LENDERS: WACHOVIA BANK, NATIONAL ASSOCIATION, in its capacity as Administrative Agent and as a Lender By: /s/ Xxxxxx X. Xxxx ----------------------------------------- Name: Xxxxxx X. Xxxx Title: Director ABN AMRO BANK N.V., CANADA BRANCH, in its capacity as Canadian Agent and as a Lender By: /s/ Xxxxx Xxxx /s/ D. Xxxxx Xxxxxx ----------------------------------------- Name: Xxxxx Xxxx D. Xxxxx Xxxxxx Title: V.P., Asset Based Lending S.V.P., Asset Based Lending KEY BANK, NATIONAL ASSOCIATION, in its capacity as Syndication Agent and as a Lender By: /s/ Xxxxxxx X. Xxxxxxx ----------------------------------------- Name: Xxxxxxx X. Xxxxxxx Title: Assistant Vice President FLEET CAPITAL CORPORATION, in its capacity as Documentation Agent and as a Lender By: /s/ Xxxxxxxxxxx X. Xxxxxx ----------------------------------------- Name: Xxxxxxxxxxx X. Xxxxxx Title: Vice President LASALLE BUSINESS CREDIT, INC., in its capacity as Documentation Agent and as a Lender By: /s/ Xxxx X. XxXxxxxx ----------------------------------------- Name: Xxxx X. XxXxxxxx Title: First Vice President NATIONAL CITY COMMERCIAL FINANCE, INC., in its capacity as Documentation Agent and as a Lender By: /s/ Xxxxx X. Xxxxxxx ----------------------------------------- Name: Xxxxx X. Xxxxxxx Title: Vice President WASHINGTON MUTUAL BANK, as a Lender By: /s/ Xxxxx X. Xxxx ----------------------------------------- Name: Xxxxx X. Xxxx Title: Vice President SUNTRUST BANK, as a Lender By: /s/ Xxxxxxxxx X. Xxxxxx ----------------------------------------- Name: Xxxxxxxxx X. Xxxxxx Title: Vice President SOVEREIGN BANK, as a Lender By: /s/ Xxxxxx X. Xxxx ----------------------------------------- Name: Xxxxxx X. Xxxx Title: V.P. THE PROVIDENT BANK, as a Lender By: /s/ Xxxxxxxx X. Xxxxxx ----------------------------------------- Name: Xxxxxxxx Xxxxxx Title: Vice President EXHIBIT ...
INDEPENDENT NATURE OF LENDERS' RIGHTS. The obligations of Lenders hereunder are several and no Lender shall be responsible for the obligations or Commitments of any other Lender hereunder. Nothing contained herein or in any other Loan Document, and no action taken by Lenders pursuant hereto or thereto, shall be deemed to constitute Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable 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 rights arising out of this Agreement and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose. o HEADINGS.
INDEPENDENT NATURE OF LENDERS' RIGHTS. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable 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 rights arising under this Agreement and the other Credit Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose. Headings . Section headings herein are included herein for convenience of reference only and shall not constitute a part hereof for any other purpose or be given any substantive effect. Applicable Laws . THIS AGREEMENT AND THE OTHER CREDIT DOCUMENTS SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK, EXCEPT TO THE EXTENT NEW YORK LAW IS SUPERSEDED BY THE BANKRUPTCY CODE. ANY LEGAL ACTION OR PROCEEDING WITH RESPECT TO THIS AGREEMENT OR ANY OTHER CREDIT DOCUMENT SHALL BE BROUGHT IN THE BANKRUPTCY COURT, AND, BY EXECUTION AND DELIVERY OF THIS AGREEMENT, EACH BORROWER HEREBY IRREVOCABLY ACCEPTS IN RESPECT OF ITS PROPERTY, GENERALLY AND UNCONDITIONALLY, THE JURISDICTION OF THE BANKRUPTCY COURT. EACH BORROWER HEREBY IRREVOCABLY CONSENTS TO THE SERVICE OF PROCESS OUT OF THE BANKRUPTCY COURT AND IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES THEREOF BY REGISTERED OR CERTIFIED MAIL, POSTAGE PREPAID, TO THE BORROWERS AT THEIR ADDRESS FOR NOTICES AS SET FORTH IN SECTION 12.1. THE BORROWERS AGREE THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. NOTHING HEREIN SHALL AFFECT THE RIGHT OF THE AGENTS AND THE LENDERS TO SERVICE OF PROCESS IN ANY OTHER MANNER PERMITTED BY LAW OR TO COMMENCE LEGAL PROCEEDINGS OR OTHERWISE PROCEED AGAINST ANY BORROWER IN ANY OTHER JURISDICTION. EACH BORROWER HEREBY EXPRESSLY AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE JURISDICTION OR LAYING OF VENUE OF ANY SUCH LITIGATION BROUGHT IN SUCH COURT AND ANY CLAIM THAT ANY SUCH LITIGATION HAS BEEN BROUGHT IN AN INCON...
