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, any other party or the Borrower, and a separate action or actions may be brought and prosecuted against such Guarantor whether or not action is brought against any other guarantor, any other party or the Borrower and whether or not any other guarantor, any other party or the Borrower be joined in any such action or actions. Each Guarantor waives, to the fullest extent permitted by law, the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the Borrower or other circumstance which operates to toll any statute of limitations as to the Borrower shall operate to toll the statute of limitations as to the Guarantors.

Appears in 9 contracts

Samples: Restatement Agreement (Infrastructure & Energy Alternatives, Inc.), Credit Agreement (Playa Hotels & Resorts N.V.), Credit and Guarantee Agreement (ATI Intermediate Holdings, LLC)

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Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor, any other party or the any Borrower, and a separate action or actions may be brought and prosecuted against such Guarantor whether or not action is brought against any other guarantor, any other party or the any Borrower and whether or not any other guarantor, any other party or the any Borrower be joined in any such action or actions. Each Guarantor waives, to the fullest extent permitted by law, the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the Borrower or other circumstance which operates to toll any statute of limitations as to the Borrower shall operate to toll the statute of limitations as to the Guarantors.

Appears in 6 contracts

Samples: Credit Agreement (Jason Industries, Inc.), Credit Agreement (Global Eagle Entertainment Inc.), Credit Agreement (Jason Industries, Inc.)

Independent Obligation. The obligations of each Guarantor the Guarantors hereunder are independent of the obligations of any other Guarantorguarantor, any other party or the Borrower, and a separate action or actions may be brought and prosecuted against such Guarantor the Guarantors whether or not action is brought against any other guarantor, any other party or the Borrower and whether or not any other guarantor, any other party or the Borrower be joined in any such action or actions. Each Guarantor waivesThe Guarantors waive, to the fullest extent permitted by law, the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the Borrower or other circumstance which operates to toll any statute of limitations as to the Borrower shall operate to toll the statute of limitations as to the Guarantors.

Appears in 4 contracts

Samples: Credit Agreement (Trico Marine Services Inc), Credit Agreement (Trico Marine Services Inc), Credit Agreement (Trico Marine Services Inc)

Independent Obligation. The obligations of each Parent Guarantor hereunder are independent of the obligations of any other Guarantorguarantor, any other party or the Borrower, and a separate action or actions may be brought and prosecuted against such each Parent Guarantor whether or not action is brought against any other guarantor, any other party or the Borrower and whether or not any other guarantor, any other party or the Borrower be joined in any such action or actions. Each Parent Guarantor waives, to the fullest full extent permitted by law, the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the Borrower or other circumstance which operates to toll any statute of limitations as to the Borrower shall operate to toll the statute of limitations as to the Guarantorseach Parent Guarantor.

Appears in 3 contracts

Samples: Credit Agreement (Generac Portable Products Inc), Credit Agreement (R&b Falcon Corp), Credit Agreement (Maple Leaf Aerospace Inc)

Independent Obligation. The obligations of each the Parent Guarantor hereunder are independent of the obligations of any other Guarantorguarantor, any other party or the Borrower, and a separate action or actions may be brought and prosecuted against such the Parent Guarantor whether or not action is brought against any other guarantor, any other party or the Borrower and whether or not any other guarantor, any other party or the Borrower be joined in any such action or actions. Each The Parent Guarantor waives, to the fullest extent permitted by law, the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the Borrower or other circumstance which operates to toll any statute of limitations as to the Borrower shall operate to toll the statute of limitations as to the GuarantorsParent Guarantor.

Appears in 3 contracts

Samples: Credit Agreement (Athena Spinco Inc.), Credit Agreement (Athena Spinco Inc.), Credit Agreement (Athena Spinco Inc.)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor, any other party guarantor or the Borrowerany other party, and a separate action or actions may be brought and prosecuted against such each Guarantor whether or not action is brought against any other guarantorGuarantor, any other guarantor or any other party or the Borrower and whether or not any other guarantorGuarantor, any other guarantor or any other party or the Borrower be joined in any such action or actions. Each Guarantor waives, to the fullest extent permitted by applicable law, the benefit benefits of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the Borrower Guarantors or other circumstance which operates to toll any statute of limitations as to the Borrower Guarantors shall operate to toll the statute of limitations as to the Guarantorseach Guarantor.

Appears in 2 contracts

Samples: Credit Agreement, cases.primeclerk.com

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor, any other party or the Borrower, and a separate action or actions may be brought and prosecuted against such Guarantor whether or not action is brought against any other guarantor, any other party or the Borrower and whether or not any other guarantor, any other party or the Borrower be joined in any such action or actions. Each Guarantor waives, to the fullest extent permitted by law, the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the Borrower or other circumstance which that operates to toll any statute of limitations as to the Borrower shall operate to toll the statute of limitations as to the Guarantors.

Appears in 2 contracts

Samples: Credit and Guarantee Agreement (Alden Global Capital LLC), Credit and Guarantee Agreement (Alden Global Capital LLC)

Independent Obligation. The obligations of each Guarantor of the Guarantors hereunder are independent of the obligations of any other Guarantor, any other party guarantor or the Borrowerother Credit Parties, and a separate action or actions may be brought and prosecuted against such Guarantor any of the Credit Parties whether or not action is brought against any other guarantor, any other party guarantor or the Borrower other Credit Parties and whether or not any other guarantor, any other party guarantor or the Borrower other Credit Parties be joined in any such action or actions. Each Guarantor of the Guarantors waives, to the fullest extent permitted by law, the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the Borrower other Credit Parties or other circumstance which operates to toll any statute of limitations as to the Borrower shall other Credit Parties shall, to the fullest extent permitted by law, operate to toll the statute of limitations as to the GuarantorsCredit Parties.

Appears in 1 contract

Samples: Credit Agreement (Baldwin Technology Co Inc)

Independent Obligation. The obligations of each ---------------------- Guarantor hereunder are independent of the obligations of any other Guarantorguarantor, any other party or the BorrowerBorrowers, and a separate action or actions may be brought and prosecuted against such Guarantor whether or not action is brought against any other guarantor, any other party or the a Borrower and whether or not any other guarantor, any other party or the either Borrower be joined in any such action or actions. Each Guarantor waives, to the fullest extent permitted by law, the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the a Borrower or other circumstance which operates to toll any statute of limitations as to the such Borrower shall operate to toll the statute of limitations as to the Guarantorsany Guarantor.

Appears in 1 contract

Samples: Credit Agreement (Ocih LLC)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor, any other party or the any Borrower, and a separate action or actions may be brought and prosecuted against such Guarantor whether or not action is brought against any other guarantor, any other party or the any Borrower and whether or not any other guarantor, any other party or the any Borrower be joined in any such action or actions. Each Guarantor waives, to the fullest extent permitted by law, the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the Borrower or other circumstance which operates to toll any statute of limitations as to the Borrower shall operate to toll the statute of limitations as to the Guarantors.. 180

Appears in 1 contract

Samples: Credit Agreement (Global Eagle Entertainment Inc.)

Independent Obligation. The obligations of each Parent Guarantor hereunder are independent of the obligations of any other Guarantorguarantor, any other party or the BorrowerBorrowers, and a separate action or actions may be brought and prosecuted against such Parent Guarantor whether or not action is brought against any other guarantor, any other party or the Borrower Borrowers and whether or not any other guarantor, any other party or the Borrower Borrowers be joined in any such action or actions. Each Parent Guarantor waives, to the fullest extent permitted by law, the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the Borrower any Borrowers or other circumstance which operates to toll any statute of limitations as to the Borrower any Borrowers shall operate to toll the statute of limitations as to the GuarantorsParent Guarantor.

Appears in 1 contract

Samples: Credit Agreement (Keane Group, Inc.)

Independent Obligation. The obligations of each the Guarantor hereunder are independent of the obligations of any other Guarantorguarantor, any other party or the Borrower, and a separate action or actions may be brought and prosecuted against such the Guarantor whether or not action is brought against any other guarantor, any other party or the Borrower and whether or not any other guarantor, any other party or either of the Borrower be joined in any such action or actions. Each The Guarantor waives, to the fullest full extent permitted by law, the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the Borrower or other circumstance which operates to toll any statute of limitations as to the Borrower shall operate to toll the statute of limitations as to the GuarantorsGuarantor.

Appears in 1 contract

Samples: Credit Agreement (Pine Holdings Inc)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantorguarantor, any other party or the any Borrower, and a separate action or actions may be brought and prosecuted against such Guarantor one or both Guarantors whether or not action is brought against any other guarantor, any other party or the any Borrower and whether or not any other guarantor, any other party or the any Borrower be is joined in any such action or actions. Each Guarantor waives, to the fullest extent permitted by lawLaw, the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the a Borrower or other circumstance which that operates to toll any statute of limitations as to the such Borrower shall operate to toll the statute of limitations as to the Guarantorseach Guarantor’s obligations under this Article XV.

Appears in 1 contract

Samples: Senior Term Loan Agreement (Prologis, L.P.)

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Independent Obligation. The obligations of each the Corporate Guarantor hereunder are independent of the obligations of any other Guarantorguarantor, any other party or the Borrower, and a separate action or actions may be brought and prosecuted against such the Corporate Guarantor whether or not action is brought against any other guarantor, any other party or the Borrower and whether or not any other guarantor, any other party or the Borrower be joined in any such action or actions. Each The Corporate Guarantor waives, to the fullest extent permitted by law, the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the Borrower or other circumstance which operates to toll any statute of limitations as to the Borrower shall operate to toll the statute of limitations as to the GuarantorsCorporate Guarantor.

Appears in 1 contract

Samples: Credit Agreement (Athena Spinco Inc.)

Independent Obligation. The obligations of each Payment Guarantor hereunder are independent of the obligations of any other Guarantorguarantor, any other party or the Borrower, and a separate action or actions may be brought and prosecuted against such Payment Guarantor whether or not action is brought against any other guarantor, any other party or the Borrower and whether or not any other guarantor, any other party or the Borrower be joined in any such action or actions. Each Payment Guarantor waives, to the fullest extent permitted by law, the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the Borrower or other circumstance which operates to toll any statute of limitations as to the Borrower shall operate to toll the statute of limitations as to the GuarantorsPayment Guarantor.

Appears in 1 contract

Samples: Credit Agreement (Station Casinos LLC)

Independent Obligation. The obligations of each Parent Guarantor hereunder are independent of the obligations of any other Guarantorguarantor, any other party or the Borrower, and a separate action or actions may be brought and prosecuted against such Parent Guarantor whether or not action is brought against any other guarantor, any other party or the Borrower and whether or not any other guarantor, any other party or the Borrower be joined in any such action or actions. Each Parent Guarantor waives, to the fullest full extent permitted by law, the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the Borrower or other circumstance which operates to toll any statute of limitations as to the Borrower shall operate to toll the statute of limitations as to the Guarantorssuch Parent Guarantor.

Appears in 1 contract

Samples: Security Agreement (Howmet Corp /New/)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantorguarantor, any other party or the any Borrower, and a separate action or actions may be brought and prosecuted against such Guarantor one or both Guarantors whether or not action is brought against any other guarantor, any other party or the any Borrower and whether or not any other guarantor, any other party or the any Borrower be is joined in any such action or actions. Each Guarantor waives, to the fullest extent permitted by lawLaw, the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the a Borrower or other circumstance which that operates to toll any statute of limitations as to the such Borrower shall operate to toll the statute of limitations as to the Guarantorseach Guarantor’s obligations under this Article XII.

Appears in 1 contract

Samples: Senior Term Loan Agreement (Prologis, L.P.)

Independent Obligation. The obligations of each the Parent Guarantor hereunder are independent of the obligations of any other Guarantorguarantor, any other party or the Borrower, and a separate action or actions may be brought and prosecuted against such the Parent Guarantor whether or not action is brought against any other guarantor, any other party or the Borrower and whether or not any other guarantor, any other party or the Borrower be joined in any such action or actions. Each The Parent Guarantor waives, to the fullest extent permitted by law, the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the Borrower or other circumstance which operates to toll any statute of limitations as to the Borrower shall shall, to the fullest extent permitted by law, operate to toll the statute of limitations as to the GuarantorsParent Guarantor.

Appears in 1 contract

Samples: Security Agreement (Acg Holdings Inc)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor, any other party or the any Borrower, and a separate action or actions may be brought and prosecuted against such Guarantor whether or not action is brought against any other guarantor, any other party or the any Borrower and whether or not any other guarantor, any other party or the any Borrower be joined in any such action or actions. Each Guarantor waives, to the fullest extent permitted by law, the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the Borrower or other circumstance which operates to toll any statute of limitations as to the Borrower shall operate to toll the statute of limitations as to the Guarantors.. 178

Appears in 1 contract

Samples: Second Lien Credit Agreement (Global Eagle Entertainment Inc.)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantor, any other party or the any Borrower, and a separate action or actions may be brought and prosecuted against such Guarantor whether or not action is brought against any other guarantor, any other party or the any Borrower and whether or not any other guarantor, any other party or the any Borrower be joined in any such action or actions. Each Guarantor waives, to the fullest extent permitted by law, the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the Borrower or other circumstance which operates to toll any statute of limitations as to the Borrower shall operate to toll the statute of limitations as to the Guarantors.. 150

Appears in 1 contract

Samples: Credit Agreement (Jason Industries, Inc.)

Independent Obligation. The obligations of each Guarantor hereunder are independent of the obligations of any other Guarantorguarantor, any other party or the any Borrower, and a separate action or actions may be brought and prosecuted against such Guarantor one or both Guarantors whether or not action is brought against any other guarantor, any other party or the any Borrower and whether or not any other guarantor, any other party or the any Borrower be is joined in any such action or actions. Each Guarantor waives, to the fullest extent permitted by lawLaw, the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof. Any payment by the a Borrower or other circumstance which that operates to toll any statute of limitations as to the such Borrower shall operate to toll the statute of limitations as to the Guarantors.each Guarantor’s obligations under this Article XV. 128 Prologis, L.P. Term Loan Agreement

Appears in 1 contract

Samples: Senior Term Loan Agreement (Prologis, L.P.)

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