Common use of Independent Obligation Clause in Contracts

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor or the Borrower, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor or the Borrower and whether or not any other Guarantor or the Borrower is joined in any such action or actions.

Appears in 118 contracts

Samples: Credit Agreement (Dycom Industries Inc), Credit Agreement (Gencorp Inc), Credit Agreement (Mednax, Inc.)

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Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor guarantor or the Borrower, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor guarantor or the Borrower and whether or not any other Guarantor or the Borrower is joined in any such action or actions.

Appears in 63 contracts

Samples: Credit Agreement (Hni Corp), Credit Agreement (Hyatt Hotels Corp), Credit Agreement (International Speedway Corp)

Independent Obligation. The obligations liability of each Guarantor hereunder are is independent of the obligations of any other Guarantor or the BorrowerGuaranteed Obligations, and a separate action or actions may be brought and prosecuted against each Guarantor irrespective of whether or not action is brought against Borrower or any other Guarantor guarantor of the Guaranteed Obligations or the whether Borrower and whether or not any other Guarantor or guarantor of the Borrower Guaranteed Obligations is joined in any such action or actions.

Appears in 13 contracts

Samples: Guaranty (Lam Research Corp), Credit Agreement (Bell Microproducts Inc), Personal Guaranty (Mile High Brewing Co)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor or the any Borrower, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor or the any Borrower and whether or not any other Guarantor or the any Borrower is joined in any such action or actions.

Appears in 6 contracts

Samples: Credit Agreement (WestRock Co), Credit Agreement (Newark Group Inc), Credit Agreement (WestRock Co)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor guarantor or the Borrower, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor guarantor or the Borrower and whether or not any other Guarantor or the Borrower is joined in any such action or actions.

Appears in 6 contracts

Samples: Credit Agreement (Atlantic Tele Network Inc /De), Credit Agreement (ATN International, Inc.), Credit Agreement (Atlantic Tele Network Inc /De)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor or the Canadian Borrower, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor or the Canadian Borrower and whether or not any other Guarantor or the Canadian Borrower is joined in any such action or actions.

Appears in 5 contracts

Samples: Credit Agreement (Rock-Tenn CO), Credit Agreement (Rock-Tenn CO), Security Agreement (Rock-Tenn CO)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor guarantor or the Borrower, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor guarantor or the a Borrower and whether or not any other Guarantor or the Borrower is joined in any such action or actions.

Appears in 4 contracts

Samples: Credit Agreement (Consolidated Graphics Inc /Tx/), Credit Agreement (Consolidated Graphics Inc /Tx/), Credit Agreement (Consolidated Graphics Inc /Tx/)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor or the BorrowerBorrowers, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor or the Borrower Borrowers and whether or not any other Guarantor or the any other Borrower is joined in any such action or actions.

Appears in 4 contracts

Samples: Credit Agreement (Primo Water Corp), Credit Agreement (Innophos Holdings, Inc.), Credit Agreement (Primo Water Corp)

Independent Obligation. The obligations liability of each Guarantor hereunder are is independent of the Guaranteed Obligations and of the obligations of any each other Guarantor or the Borrowerhereunder, and a separate action or actions may be brought and prosecuted against each Guarantor irrespective of whether or not action is brought against Borrower, any other Guarantor or any other guarantor of the Borrower and Guaranteed Obligations or whether or not Borrower, any other Guarantor or any other guarantor of the Borrower Guaranteed Obligations is joined in any such action or actions.

Appears in 4 contracts

Samples: Loan Agreement (Palm Inc), Credit Agreement (Adac Laboratories), Reimbursement Agreement (DSL Net Inc)

Independent Obligation. (a) The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor Guarantor, any other party or the Borrower, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor Guarantor, any other party or the Borrower and whether or not any other Guarantor Guarantor, any other party or the Borrower is be joined in any such action or actions.

Appears in 4 contracts

Samples: Credit Agreement (Global Power Equipment Group Inc/), Credit Agreement (James River Coal CO), Credit Agreement (Global Power Equipment Group Inc/)

Independent Obligation. (a) The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor Guarantor, any other party or the any Borrower, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor Guarantor, any other party or the any Borrower and whether or not any other Guarantor Guarantor, any other party or the any Borrower is be joined in any such action or actions.

Appears in 3 contracts

Samples: Revolving Credit Agreement (James River Coal CO), Revolving Credit Agreement (James River Coal CO), Term Credit Agreement (James River Coal CO)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor or the BorrowerSellers, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor or the Borrower either Seller and whether or not any other Guarantor or the Borrower such Seller is joined in any such action or actions.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc)

Independent Obligation. The obligations of each the Guarantor hereunder are independent of the obligations of any other Guarantor or the Borrower, and a separate action or actions may be brought and prosecuted against each the Guarantor whether or not action is brought against any other Guarantor or the Borrower and whether or not any other Guarantor or the Borrower is joined in any such action or actions.

Appears in 3 contracts

Samples: Loan Agreement (Hewitt Associates Inc), Credit Agreement (Hewitt Associates Inc), Credit Agreement (Hewitt Associates Inc)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor or the BorrowerBorrowers, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor or the Borrower and whether or not any other Guarantor Guarantors or the Borrower is Borrowers are joined in any such action or actions.

Appears in 3 contracts

Samples: Credit Agreement (CrossAmerica Partners LP), Credit Agreement and Consent (CrossAmerica Partners LP), Credit Agreement (CrossAmerica Partners LP)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor guarantor or the Borrower, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor guarantor or the Borrower and whether or not any other Guarantor or the Borrower is joined in any such action or actions; provided, however, all amounts are without duplication and nothing contained herein shall entitle the Lenders to recover, in the aggregate, more than the amount of the Guaranteed Obligations.

Appears in 3 contracts

Samples: Credit Agreement (Universal Corp /Va/), Credit Agreement (Universal Corp /Va/), Term Loan Credit Agreement (Universal Corp /Va/)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor or the BorrowerIssuer, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor or the Borrower Issuer and whether or not any other Guarantor or the Borrower Issuer is joined in any such action or actions.

Appears in 2 contracts

Samples: Note Purchase Agreement (Trump Entertainment Resorts Funding Inc), Joinder Agreement (Novation Companies, Inc.)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor or the Borrower, and a separate action or actions may be brought and prosecuted against each any Guarantor whether or not action is brought against any other Guarantor or the Borrower and whether or not any other Guarantor or the Borrower is joined in any such action or actions.

Appears in 2 contracts

Samples: Bridge Credit Agreement (Xerox Corp), Credit Agreement (Metaldyne Performance Group Inc.)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor or the Parent Borrower, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor or the Parent Borrower and whether or not any other Guarantor or the Parent Borrower is joined in any such action or actions.

Appears in 2 contracts

Samples: Credit Agreement (WestRock Co), Credit Agreement (WestRock Co)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor or the BorrowerBorrowers, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor or the Borrower Borrowers and whether or not any other Guarantor or the Borrower is Borrowers are joined in any such action or actions.

Appears in 2 contracts

Samples: Credit Agreement (VOXX International Corp), Credit Agreement (VOXX International Corp)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of the other Guarantor, any other Guarantor guarantor of the Obligations, the applicable Borrower or the Borrowerany other Person, and a separate action or actions may be brought and prosecuted against each either Guarantor whether or not action is brought against the other Guarantor, any other Guarantor guarantor of the Obligations, any Borrower or the Borrower any other Person and whether or not any other Guarantor guarantor, any Borrower or the Borrower any other Person is joined in any such action or actions.

Appears in 2 contracts

Samples: Credit Agreement (PENTAIR PLC), Credit Agreement (Pentair LTD)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor or the BorrowerBorrowers, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor or the Borrower Borrowers and whether or not any other Guarantor or the a Borrower is joined in any such action or actions.

Appears in 2 contracts

Samples: Credit Agreement (Enova International, Inc.), Security Agreement (Enova International, Inc.)

Independent Obligation. The obligations of each Subsidiary Guarantor hereunder are independent of the obligations of any other Guarantor guarantor or the Borrower, and a separate action or actions may be brought and prosecuted against each Subsidiary Guarantor whether or not action is brought against any other Guarantor guarantor or the Borrower and whether or not any other Subsidiary Guarantor or the Borrower is joined in any such action or actions.

Appears in 2 contracts

Samples: Credit Agreement (D&e Communications Inc), Credit Agreement (D&e Communications Inc)

Independent Obligation. The obligations of each Domestic Guarantor hereunder are independent of the obligations of any other Domestic Guarantor or the BorrowerCompany, and a separate action or actions may be brought and prosecuted against each Domestic Guarantor whether or not action is brought against any other Domestic Guarantor or the Borrower Company and whether or not any other Domestic Guarantor or the Borrower Company is joined in any such action or actions.

Appears in 2 contracts

Samples: Credit Agreement (Alliance One International, Inc.), Credit Agreement (Alliance One International, Inc.)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations Obligations of any other Guarantor or the Borrower, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor or the Borrower and whether or not any other Guarantor or the Borrower is joined in any such action or actionsaction.

Appears in 2 contracts

Samples: Guaranty (Five Oaks Investment Corp.), Guaranty (Taberna Realty Finance Trust)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor Guarantor, any other party or the BorrowerBorrowers, and a separate action or actions may be brought and prosecuted against each such Guarantor whether or not action is brought against any other Guarantor Guarantor, any other party or the Borrower Borrowers and whether or not any other Guarantor Guarantor, any other party or the Borrower is Borrowers be joined in any such action or actions.

Appears in 2 contracts

Samples: Abl Credit Agreement (Option Care Health, Inc.), Intercreditor Agreement (Option Care Health, Inc.)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor or the BorrowerCo-Borrowers, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor or the Borrower Co-Borrowers and whether or not any other Guarantor or the any Borrower is joined in any such action or actions.

Appears in 2 contracts

Samples: Credit Agreement (Premier, Inc.), Credit Agreement (Premier, Inc.)

Independent Obligation. The obligations of each the Guarantor hereunder are is independent of the obligations of any other Guarantor or the Borrower, and a separate action or actions may be brought and prosecuted against each the Guarantor whether or not action is brought against any other Guarantor or the Borrower and whether or not any other Guarantor or the Borrower is joined in any such action or actions.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Ares Capital Corp), Note Purchase Agreement (Ares Capital Corp)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor guarantor or the BorrowerBorrowers, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor guarantor or the Borrower Borrowers and whether or not any other Guarantor or the Borrower Borrowers is joined in any such action or actions.

Appears in 2 contracts

Samples: Credit Agreement (Penton Media Inc), Credit Agreement (Racing Champions Corp)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor Guarantor, any other party or the BorrowerBorrowers, and a separate action or actions may be brought and prosecuted against each such Guarantor whether or not action is brought against any other Guarantor Guarantor, any other party or the Borrower Borrowers and whether or not any other Guarantor Guarantor, any other party or the Borrower is Borrowers be joined in any such action or actions.. EXHIBIT B Schedules (Attached) EXHIBIT C Solvency Certificate

Appears in 1 contract

Samples: First Lien Credit Agreement (Option Care Health, Inc.)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor Guarantor, the Borrower or any other obligor of the BorrowerCredit Party Obligations, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor or Guarantor, the Borrower or such other obligor and whether or not any other Guarantor or Guarantor, the Borrower or such other obligor is joined in any such action or actions.

Appears in 1 contract

Samples: Credit Agreement (Stec, Inc.)

Independent Obligation. The obligations of each Guarantor hereunder are is independent of the obligations of the other Guarantor, any other Guarantor guarantor or the Borrower, and a separate action or actions may be brought and prosecuted against each either Guarantor whether or not action is brought against any the other Guarantor or the any other guarantor or Borrower and whether or not any the other Guarantor or the any other guarantor or Borrower is joined in any such action or actions.

Appears in 1 contract

Samples: Dealer Floor Plan and Security Agreement (Fountain Powerboat Industries Inc)

Independent Obligation. The obligations of each Guarantor hereunder under this Indenture are independent of the obligations of any other Guarantor Guarantor, any other party or the BorrowerIssuers, and a separate action or actions may be brought and prosecuted against each such Guarantor whether or not action is brought against any other Guarantor Guarantor, any other party or the Borrower Issuers and whether or not any other Guarantor Guarantor, any other party or the Borrower is Issuers be joined in any such action or actions.. 138

Appears in 1 contract

Samples: Intercreditor Agreement (Option Care Health, Inc.)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor or the any Borrower, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor or the any Borrower and whether or not any other Guarantor or the any Borrower is joined in any such action or actions.. 120

Appears in 1 contract

Samples: Credit Agreement (Pep Boys Manny Moe & Jack)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor or the Borrower, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor or the Borrower and whether or not any other Guarantor or the Borrower is joined in any such action or actions.. 143

Appears in 1 contract

Samples: Credit Agreement (Fluent, Inc.)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor or the BorrowerBorrowerBorrowers, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor or the Borrower and whether or not any other Guarantor GuarantorGuarantors or the Borrower is isBorrowers are joined in any such action or actions.

Appears in 1 contract

Samples: Credit Agreement (CrossAmerica Partners LP)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor guarantor or the Borrower, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor guarantor or the Borrower and whether or not any other Guarantor or the Borrower is joined in any such action or actions.. 9.5

Appears in 1 contract

Samples: Hni Corp

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor or the Borrower, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor or the Borrower and whether or not any other Guarantor or the Borrower is joined in any such action or actions.. 144

Appears in 1 contract

Samples: Credit Agreement (ARKO Corp.)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor or the Borrower, and a separate action or 112 actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor or the Borrower and whether or not any other Guarantor or the Borrower is joined in any such action or actions.

Appears in 1 contract

Samples: Credit Agreement (Dean Foods Co/)

Independent Obligation. The obligations liability of each Guarantor hereunder are is independent of the Guaranteed Obligations and of the obligations of any each other Guarantor or the Borrowerhereunder, and a separate action or actions may be brought and prosecuted against each Guarantor irrespective of whether or not action is brought against the Company, any other Guarantor or any other guarantor of the Borrower and Guaranteed Obligations or whether or not the Company, any other Guarantor or any other guarantor of the Borrower Guaranteed Obligations is joined in any such action or actions.

Appears in 1 contract

Samples: Security Agreement (Satcon Technology Corp)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor or the BorrowerBorrowers, and a separate action or actions may be brought and prosecuted against each 139 Guarantor whether or not action is brought against any other Guarantor or the Borrower Borrowers and whether or not any other Guarantor or the a Borrower is joined in any such action or actions.

Appears in 1 contract

Samples: Credit Agreement (Enova International, Inc.)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor or the BorrowerBorrowers, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor or the theany Borrower and whether or not any other Guarantor Guarantors or the Borrower is Borrowers are joined in any such action or actions.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (CrossAmerica Partners LP)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor or the BorrowerBorrowers, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor or the Borrower Borrowers and whether or not any other Guarantor or the Borrower Borrowers is joined in any such action or actions.

Appears in 1 contract

Samples: Credit Agreement (Royal Gold Inc)

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Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor Guarantor, any other party or the BorrowerBorrowers, and a separate action or actions may be brought and prosecuted against each such Guarantor whether or not action is brought against any other Guarantor Guarantor, any other party or the Borrower Borrowers and whether or not any other Guarantor Guarantor, any other party or the Borrower is Borrowers be joined in any such action or actions.. SCHEDULES TO CREDIT AGREEMENT I Guarantors

Appears in 1 contract

Samples: Intercreditor Agreement (Option Care Health, Inc.)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor or the theany Borrower, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor or the theany Borrower and whether or not any other Guarantor or the theany Borrower is joined in any such action or actions.

Appears in 1 contract

Samples: Revolving Facility Credit Agreement (Royal Gold Inc)

Independent Obligation. (a) The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor Guarantor, any other party or the BorrowerBorrowers, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor Guarantor, any other party or the Borrower Borrowers and whether or not any other Guarantor Guarantor, any other party or the Borrower is Borrowers be joined in any such action or actions.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Silicon Graphics Inc)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor or the BorrowerBorrowers, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor or the Borrower Borrowers and whether or not any other Guarantor or the any other Borrower is joined in any such action or actions.. 148

Appears in 1 contract

Samples: Credit Agreement (Innophos Holdings, Inc.)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor or the either Borrower, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor or the either Borrower and whether or not any other Guarantor or the either Borrower is joined in any such action or actions.

Appears in 1 contract

Samples: Credit Agreement (Horizon Personal Communications Inc)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor guarantor or the Borrower, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor guarantor or the Borrower and whether or not any other Guarantor or the Borrower is joined in any such action or actions.. 77 -162- Section 10.5

Appears in 1 contract

Samples: Credit Agreement (Dimon Inc)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor guarantor or the Borrower, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor guarantor or the Borrower and whether or not any other Guarantor or the Borrower is joined in any such action or actions.. 100 106

Appears in 1 contract

Samples: Credit Agreement (Sleepmaster LLC)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor guarantor or the BorrowerIssuer, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor guarantor or the Borrower Issuer and whether or not any other Guarantor or the Borrower is Issuer be joined in any such action or actions. Each Guarantor agrees that any payment by the Issuer or other circumstances which operates to toll any statute of limitations as to the Issuer shall operate to toll the statute of limitations as to each Guarantor.

Appears in 1 contract

Samples: Foster Wheeler LTD

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of Tenant and, in the event of any other Guarantor or the Borrowerdefault hereunder, and a separate action or actions may be brought and prosecuted against each Guarantor Guarantor, whether or not action Guarantor is brought against any other Guarantor or the Borrower alter ego of Tenant and whether or not any other Guarantor or the Borrower Tenant is joined in any such therein or a separate action or actionsactions are brought against Tenant.

Appears in 1 contract

Samples: Guaranty of Completion

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor or the BorrowerCo-Borrowers, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor or the Borrower Co-Borrowers and whether or not any other Guarantor or the any Co-Borrower is joined in any such action or actions.

Appears in 1 contract

Samples: Credit Agreement (Premier, Inc.)

Independent Obligation. The obligations of each Guarantor hereunder are separate and independent of the obligations of any Buyer and of every other Guarantor or guarantor of the BorrowerGuaranteed Obligations, and a separate action or actions may be brought and prosecuted against each Guarantor regardless of whether or not an action is brought against Buyer or any other Guarantor guarantor or the Borrower and whether Buyer or not any other Guarantor or the Borrower guarantor is joined in any such action or actions. The Guaranteed Obligations may be enforced against Guarantor at any time following the failure on the part of Buyer to pay and perform the Guaranteed Obligations.

Appears in 1 contract

Samples: MCM Capital Group Inc

Independent Obligation. The obligations liability of each Guarantor hereunder are is independent of the Guaranteed Obligations and of the obligations of any each other Guarantor or the Borrowerhereunder, and a separate action or actions may be brought and prosecuted against each Guarantor irrespective of whether or not action is brought against any other Guarantor or the Borrower and whether or not Borrower, any other Guarantor or any other guarantor of the Borrower Guaranteed Obligations or whether any Borrower, any other Guarantor or any other guarantor of the Guaranteed Obligations is joined in any such action or actions.

Appears in 1 contract

Samples: Guaranty (Chadmoore Wireless Group Inc)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor or the each Borrower, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor or the Borrower and whether or not any other Guarantor or the Borrower is joined in any such action or actions.

Appears in 1 contract

Samples: Term Loan Agreement (Everlast Worldwide Inc)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor Guarantor, any other party or the BorrowerBorrowers, and a separate action or actions may be brought and prosecuted against each such Guarantor whether or not action is brought against any other Guarantor Guarantor, any other party or the Borrower Borrowers and whether or not any other Guarantor Guarantor, any other party or the Borrower is Borrowers be joined in any such action or actions. Exhibit B FORM OF COMMITTED LOAN NOTICE See Attached.

Appears in 1 contract

Samples: Abl Credit Agreement (Option Care Health, Inc.)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor or the any Borrower, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor or the any Borrower and whether or not any other Guarantor or the any Borrower is joined in any such action or actions.

Appears in 1 contract

Samples: Revolving Facility Credit Agreement (Royal Gold Inc)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor or the BorrowerBorrowers, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor or the Borrower Borrowers and whether or not any other Guarantor or the Borrower Borrowers is joined in any such action or actions.. 105 111

Appears in 1 contract

Samples: Credit Agreement (Southern Foods Group L P)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor or the Borrower, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor or the Borrower and whether or not any other Guarantor or the Borrower is joined in any such action or actions.. 128

Appears in 1 contract

Samples: Credit Agreement (Horizon Lines, Inc.)

Independent Obligation. The obligations of each Guarantor hereunder are is independent of the obligations of any other Guarantor guarantor or the Borrower, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor guarantor or the Borrower and whether or not any other Guarantor guarantor or the Borrower is joined in any such action or actions.

Appears in 1 contract

Samples: Loan Agreement (Fountain Powerboat Industries Inc)

Independent Obligation. The obligations liability of each Guarantor hereunder are is independent of the Guaranteed Obligations and of the obligations of any each other Guarantor or the Borrowerhereunder, and a separate action or actions may be brought and prosecuted against each Guarantor irrespective of whether or not action is brought against any other Guarantor or the Borrower and whether or not Co-Issuer, any other Guarantor or any other guarantor of the Borrower Guaranteed Obligations or whether any Co-Issuer, any other Guarantor or any other guarantor of the Guaranteed Obligations is joined in any such action or actions.

Appears in 1 contract

Samples: Execution (Drew Industries Incorporated)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor or the any applicable Borrower, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor or the any applicable Borrower and whether or not any other Guarantor or the any other Borrower is joined in any such action or actions.

Appears in 1 contract

Samples: Assignment and Assumption (Graham Holdings Co)

Independent Obligation. (a) The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor Guarantor, any other party or the Borrower, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor Guarantor, any other party or the Borrower and whether or not any other Guarantor Guarantor, any other party or the Borrower is be joined in any such action or actions.. ­NY12534:166729.34

Appears in 1 contract

Samples: Counterpart Agreement (Oppenheimer Holdings Inc)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor or the Borrower, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor or the Borrower and whether or not any other Guarantor or the Borrower is joined in any such action or actions.

Appears in 1 contract

Samples: Loan and Security Agreement (Newark Group, Inc)

Independent Obligation. (a) The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor Guarantor, any other party or the any Borrower, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor Guarantor, any other party or the any Borrower and whether or not any other Guarantor Guarantor, any other party or the any Borrower is be joined in any such action or actions.. 101

Appears in 1 contract

Samples: Revolving Credit Agreement (James River Coal CO)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor Guarantor, any other party or the BorrowerBorrowers, and a separate action or actions may be brought and prosecuted against each such Guarantor whether or not action is brought against any other Guarantor Guarantor, any other party or the Borrower Borrowers and whether or not any other Guarantor Guarantor, any other party or the Borrower is Borrowers be joined in any such action or actions.. [Signature Pages

Appears in 1 contract

Samples: Abl Credit Agreement (Option Care Health, Inc.)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor guarantor or the Borrower, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor guarantor or the Borrower and whether or not any other Guarantor or the Borrower is joined in any such action or actions.. Section 10.05

Appears in 1 contract

Samples: Credit Agreement (Tredegar Corp)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor guarantor or the BorrowerBorrowers, and a separate action or actions may be brought and prosecuted against each Guarantor whether or not action is brought against any other Guarantor or the Borrower Borrowers and whether or not any other Guarantor or the any Borrower is joined in any such action or actions.

Appears in 1 contract

Samples: Loan and Security Agreement (U.S. Silica Holdings, Inc.)

Independent Obligation. The All obligations of each Guarantor the Guarantors hereunder are independent of the obligations of any each other Guarantor or and of the obligations of Borrower, and a separate action or actions may be brought and prosecuted against each either Guarantor whether or not action is brought against the other Guarantor, Borrower, or any other Guarantor or the Borrower guarantor and whether or not the other Guarantor, Borrower or any other Guarantor or the Borrower guarantor is joined in any such action or actions.

Appears in 1 contract

Samples: Credit Agreement (Vista Information Solutions Inc)

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