Common use of Joint and Several Obligation, etc Clause in Contracts

Joint and Several Obligation, etc. The obligation of each of the Guarantors under this Guaranty shall be several and also joint, each with all and also each with any one or more of the others, and may be enforced against each severally, any two or more jointly, or some severally and some jointly. Any one or more of the Guarantors may be released from its obligations hereunder with or without consideration for such release and the obligations of the other Guarantors hereunder shall be in no way affected thereby. Agent, on behalf of Banks, may fail or elect not to prove a claim against any bankrupt or insolvent Guarantor and thereafter, Agent and the Bank may, without notice to any Guarantors, extend or renew any part or all of any indebtedness of any of the Guarantors, and may permit any of the Guarantors to incur additional indebtedness, without affecting in any manner the unconditional obligation of the remaining Guarantors. Such action shall not affect any right of contribution among the Guarantors.

Appears in 6 contracts

Samples: Security Agreement (Quantum Fuel Systems Technologies Worldwide Inc), Guaranty (Quantum Fuel Systems Technologies Worldwide Inc), Revolving Credit Agreement (Meadowbrook Insurance Group Inc)

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Joint and Several Obligation, etc. The obligation of each of the Guarantors under this Guaranty shall be several and also joint, each with all and also each with any one or more of the others, and may be enforced against each severally, any two or more jointly, or some severally and some jointly. Any one or more of the Guarantors may be released from its obligations hereunder with or without consideration for such release and the obligations of the other Guarantors hereunder shall be in no way affected thereby. The Agent, on behalf of BanksLenders, may fail or elect not to prove a claim against any bankrupt or insolvent Guarantor and thereafter, the Agent and the Bank Lenders may, without notice to any Guarantors, extend or renew any part or all of any indebtedness of any the obligations of the GuarantorsBorrower under the Credit Agreement or otherwise, and may permit any of the Guarantors such Person to incur additional indebtedness, without affecting in any manner the unconditional obligation of each of the remaining GuarantorsGuarantors hereunder. Such action shall not affect any right of contribution among the Guarantors.

Appears in 5 contracts

Samples: Credit and Term Loan Agreement (Quinstreet, Inc), Joinder Agreement (Universal Truckload Services, Inc.), Assignment Agreement (Quinstreet, Inc)

Joint and Several Obligation, etc. The obligation of each of the Guarantors under this Guaranty shall be several and also joint, each with all and also each with any one or more of the others, and may be enforced against each severally, any two or more jointly, or some severally and some jointly. Any one or more of the Guarantors may be released from its obligations hereunder with or without consideration for such release and the obligations of the other Guarantors hereunder shall be in no way affected thereby. The Agent, on behalf of BanksLenders, may fail or elect not to prove a claim against any bankrupt or insolvent Guarantor and thereafter, the Agent and the Bank Lenders may, without notice to any Guarantors, extend or renew any part or all of any indebtedness of any the obligations of the GuarantorsBorrowers or any one of them under the Credit Agreement or otherwise, and may permit any of the Guarantors such Person to incur additional indebtedness, without affecting in any manner the unconditional obligation of each of the remaining GuarantorsGuarantors hereunder. Such action shall not affect any right of contribution among the Guarantors.

Appears in 4 contracts

Samples: Guaranty (Universal Truckload Services, Inc.), Joinder Agreement (PMFG, Inc.), Revolving Credit Agreement (Bridgepoint Education Inc)

Joint and Several Obligation, etc. The obligation of each of the Guarantors under this Guaranty shall be several and also joint, each with all and also each with any one or more of the others, and may be enforced against each severally, any two or more jointly, or some severally and some jointly. Any one or more of the Guarantors may be released from its obligations hereunder with or without consideration for such release and the obligations of the other Guarantors hereunder shall be in no way affected thereby. The Agent, on behalf of BanksLenders, may fail or elect not to prove a claim against any bankrupt or insolvent Guarantor and thereafter, the Agent and the Bank Lenders may, without notice to any Guarantors, extend or renew any part or all of any indebtedness the obligations of any of Borrower under the GuarantorsCredit Agreement or otherwise, and may permit any of the Guarantors such Person to incur additional indebtedness, without affecting in any manner the unconditional obligation of each of the remaining GuarantorsGuarantors hereunder. Such action shall not affect any right of contribution among the Guarantors.

Appears in 3 contracts

Samples: Joinder Agreement (Inogen Inc), Revolving Credit and Term Loan Agreement (Neophotonics Corp), Joinder Agreement (Rocket Fuel Inc.)

Joint and Several Obligation, etc. The obligation of each of the Guarantors under this Guaranty shall be several and also joint, each with all and also each with any one or more of the others, and may be enforced against each severally, any two or more jointly, or some severally and some jointly. Any one or more of the Guarantors may be released from its obligations hereunder with or without consideration for such release and the obligations of the other Guarantors hereunder shall be in no way affected thereby. Agent, on behalf of BanksLenders, may fail or elect not to prove a claim against any bankrupt or insolvent Guarantor and thereafter, Agent and the Bank Lender may, without notice to any Guarantors, extend or renew any part or all of any indebtedness of any of Company or any of the GuarantorsPermitted Borrowers under the Credit Agreement or otherwise, and may permit any of the Guarantors such Person to incur additional indebtedness, without affecting in any manner the unconditional obligation of each of the remaining GuarantorsGuarantors hereunder. Such action shall not affect any right of contribution among the Guarantors.

Appears in 2 contracts

Samples: Joinder Agreement (Vishay Intertechnology Inc), Joinder Agreement (Vishay Intertechnology Inc)

Joint and Several Obligation, etc. The obligation of each of the Guarantors under this Guaranty shall be several and also joint, each with all and also each with any one or more of the others, and may be enforced against each severally, any two or more jointly, or some severally and some jointly. Any one or more of the Guarantors may be released from its obligations hereunder with or without consideration for such release and the obligations of the other Guarantors hereunder shall be in no way affected thereby. Agent, on behalf of Banksthe Lenders, may fail or elect not to prove a claim against any bankrupt or insolvent Guarantor and thereafter, Agent and the Bank Lenders may, without notice to any Guarantors, extend or renew any part or all of any indebtedness Indebtedness of any of Noble under the GuarantorsCredit Agreement or otherwise, and may permit any of the Guarantors such Person to incur additional indebtednessIndebtedness, without affecting in any manner the unconditional obligation of each of the remaining GuarantorsGuarantors hereunder. Such action shall not affect any right of contribution among the Guarantors.

Appears in 2 contracts

Samples: Credit Agreement (Noble International, Ltd.), Credit Agreement (Noble International, Ltd.)

Joint and Several Obligation, etc. The obligation of each of the Guarantors under this Guaranty shall be several and also joint, each with all and also each with any one or more of the others, and may be enforced against each severally, any two or more jointly, or some severally and some jointly. Any one or more of the Guarantors may be released from its obligations hereunder with or without consideration for such release and the obligations of the other Guarantors hereunder shall be in no way affected thereby. The Agent, on behalf of BanksXxxxx, may fail or elect not to prove a claim against any bankrupt or insolvent Guarantor and thereafter, the Agent and the Bank Banks may, without notice to any Guarantors, extend or renew any part or all of any indebtedness of any Indebtedness of the GuarantorsCompany under the Credit Agreement or otherwise, and may permit any of the Guarantors such Person to incur additional indebtednessIndebtedness, without affecting in any manner the unconditional obligation of each of the remaining GuarantorsGuarantors hereunder. Such action shall not affect any right of contribution among the Guarantors.

Appears in 1 contract

Samples: Security Agreement (Quanex Corp)

Joint and Several Obligation, etc. The obligation of each of the Guarantors Guarantor under this Guaranty shall be several and also jointjoint with any other guarantor, each with all and also each with any one or more of the others, and may be enforced against each severally, any two or more jointly, or some severally and some jointly. Any one or more of the Guarantors Guarantor or guarantors may be released from its obligations hereunder with or without consideration for such release and the obligations of the other Guarantors hereunder guarantors shall be in no way affected thereby. The Agent, on behalf of BanksLenders, may fail or elect not to prove a claim against any bankrupt or insolvent Guarantor guarantor and thereafter, the Agent and the Bank Lenders may, without notice to any Guarantorsguarantors, extend or renew any part or all of any indebtedness of any Indebtedness of the GuarantorsBorrowers under the Credit Agreement, and may permit any of the Guarantors such Person to incur additional indebtednessIndebtedness, without affecting in any manner the unconditional obligation of the remaining Guarantorsguarantors. Such action shall not affect any right of contribution among the Guarantorsguarantors.

Appears in 1 contract

Samples: Guaranty (Capital Automotive Reit)

Joint and Several Obligation, etc. The obligation of each of the Guarantors under this Guaranty shall be several and also joint, each with all and also each with any one or more of the others, and may be enforced against each severally, any two or more jointly, or some severally and some jointly. Any one or more of the Guarantors may be released from its obligations hereunder with or without consideration for such release and the obligations of the other Guarantors hereunder shall be in no way affected thereby. Agent, on behalf of Banks, The Bank may fail or elect not to prove a claim against any bankrupt or insolvent Guarantor and thereafter, Agent and thereafter the Bank may, without notice to any Guarantors, extend or renew any part or all of any indebtedness of any of the Guarantors, and may permit any of the Guarantors to incur additional indebtedness, without affecting in any manner the unconditional obligation of the remaining Guarantors. Such action shall not affect any right of contribution among the Guarantors.

Appears in 1 contract

Samples: Credit Agreement (Meadowbrook Insurance Group Inc)

Joint and Several Obligation, etc. The obligation of each of the Guarantors under this Guaranty shall be several and also joint, each with all and also each with any one or more of the others, and may be enforced against each severally, any two or more jointly, or some severally and some jointly. Any one or more of the Guarantors may be released from its obligations hereunder with or without consideration for such release and the obligations of the other Guarantors hereunder shall be in no way affected thereby. Agent, on behalf of Banks, The Bank may fail or elect not to prove a claim against any bankrupt or insolvent Guarantor and thereafter, Agent and the Bank may, without notice to any Guarantors, extend or renew any part or all of any indebtedness of any Indebtedness of the GuarantorsCompany under the Credit Agreement or otherwise, and may permit any of the Guarantors such Person to incur additional indebtednessIndebtedness, without affecting in any manner the unconditional obligation of each of the remaining GuarantorsGuarantors hereunder. Such action shall not affect any right of contribution among the Guarantors.

Appears in 1 contract

Samples: Joinder Agreement (Interactive Health, Inc.)

Joint and Several Obligation, etc. The obligation of each of the Guarantors under this Guaranty shall be several and also joint, each with all and also each with any one or more of the others, and may be enforced against each severally, any two or more jointly, or some severally and some jointly. Any one or more of the Guarantors may be released from its obligations hereunder with or without consideration for such release and the obligations of the other Guarantors hereunder shall be in no way affected thereby. Agent, on behalf of Banks, Noteholder may fail or elect not to prove a claim against any bankrupt or insolvent Guarantor and thereafter, Agent and the Bank Noteholder may, without notice to any of the Guarantors, extend or renew any part or all of any indebtedness of any of Company under the GuarantorsNote Purchase Agreement or otherwise, and may permit any of the Guarantors Company to incur additional indebtedness, without affecting in any manner the unconditional obligation of each of the remaining GuarantorsGuarantors hereunder. Such action shall not affect any right of contribution among the Guarantors.

Appears in 1 contract

Samples: Joinder Agreement (Credit Acceptance Corporation)

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Joint and Several Obligation, etc. The obligation of each of the Guarantors under this Guaranty shall be several and also joint, each with all and also each with any one or more of the others, and may be enforced against each severally, any two or more jointly, or some Detroit_4749454_3 severally and some jointly. Any one or more of the Guarantors may be released from its obligations hereunder with or without consideration for such release and the obligations of the other Guarantors hereunder shall be in no way affected thereby. The Agent, on behalf of BanksLenders, may fail or elect not to prove a claim against any bankrupt or insolvent Guarantor and thereafter, the Agent and the Bank Lenders may, without notice to any Guarantors, extend or renew any part or all of any indebtedness the obligations of any of Borrower under the GuarantorsCredit Agreement or otherwise, and may permit any of the Guarantors such Person to incur additional indebtedness, without affecting in any manner the unconditional obligation of each of the remaining GuarantorsGuarantors hereunder. Such action shall not affect any right of contribution among the Guarantors.

Appears in 1 contract

Samples: Joinder Agreement (Rocket Fuel Inc.)

Joint and Several Obligation, etc. The obligation of each of the Guarantors under this Guaranty shall be several and also joint, each with all and also each with any one or more of the others, and may be enforced against each severally, any two or more jointly, or some severally and some jointly. Any one or more of the Guarantors may be released from its obligations hereunder with or without consideration for such release and the obligations of the other Guarantors hereunder shall be in no way affected thereby. Agent, on behalf of Banks, The Bank may fail or elect not to prove a claim against any bankrupt or insolvent Guarantor and thereafter, Agent and the Bank may, without notice to any Guarantors, extend or renew any part or all of any indebtedness of any the obligations of the GuarantorsBorrowers or any one of them under the Credit Agreement or otherwise, and may permit any of the Guarantors such Person to incur additional indebtedness, without affecting in any manner the unconditional obligation of each of the remaining GuarantorsGuarantors hereunder. Such action shall not affect any right of contribution among the Guarantors.

Appears in 1 contract

Samples: Security Agreement (Digirad Corp)

Joint and Several Obligation, etc. The obligation of each of the Guarantors under this Guaranty shall be several and also joint, each with all and also each with any one or more of the others, and may be enforced against each severally, any two or more jointly, or some severally and some jointly. Any one or more of the Guarantors may be released from its obligations hereunder with or without consideration for such release and the obligations of the other Guarantors hereunder shall be in no way affected thereby. The Agent, on behalf of Banks, may fail or elect not to prove a claim against any bankrupt or insolvent Guarantor and thereafter, the Agent and the Bank Banks may, without notice to any Guarantors, extend or renew any part or all of any indebtedness of any Indebtedness of the GuarantorsBorrowers under the Credit Agreement or otherwise, and may permit any of the Guarantors such Person to incur additional indebtednessIndebtedness, without affecting in any manner the unconditional obligation of each of the remaining GuarantorsGuarantors hereunder. Such action shall not affect any right of contribution among the Guarantors.

Appears in 1 contract

Samples: Guaranty (Multimedia Games Inc)

Joint and Several Obligation, etc. The obligation of each of the Guarantors under this Guaranty shall be several and also joint, each with all and also each with any one or more of the others, and may be enforced against each severally, any two or more jointly, or some severally and some jointly. Any one or more of the Guarantors may be released from its obligations hereunder with or without consideration for such release and the obligations of the other Guarantors hereunder shall be in no way affected thereby. The Agent, on behalf of BanksLenders, may fail or elect not to prove a claim against any bankrupt or insolvent Guarantor and thereafter, the Agent and the Bank Lenders may, without notice to any Guarantors, extend or renew any part or all of any indebtedness of any Indebtedness of the GuarantorsBorrowers under the Credit Agreement or otherwise, and may permit any of the Guarantors such Person to incur additional indebtednessIndebtedness, without affecting in any manner the unconditional obligation of each of the remaining GuarantorsGuarantors hereunder. Such action shall not affect any right of contribution among the Guarantors.

Appears in 1 contract

Samples: Joinder Agreement (Multimedia Games Holding Company, Inc.)

Joint and Several Obligation, etc. The obligation of each of the Guarantors Guarantors, if more than one, under this Guaranty shall be several and also joint, each with all and also each with any one or more of the others, and may be enforced against each severally, any two or more jointly, or some severally and some jointly. Any one or more of the Guarantors may be released from its obligations hereunder with or without consideration for such release and the obligations of the other Guarantors hereunder shall be in no way affected thereby. Agent, on behalf of Banks, may fail or elect not to prove a claim against any bankrupt or insolvent Guarantor and thereafter, Agent and the Bank may, without notice to any Guarantors, extend or renew any part or all of any indebtedness of any of the Guarantors, and may permit any of the Guarantors to incur additional indebtedness, without affecting in any manner the unconditional obligation of the remaining Guarantors. Such action shall not affect any right of contribution among the Guarantors.

Appears in 1 contract

Samples: Guaranty (North Pointe Holdings Corp)

Joint and Several Obligation, etc. The obligation of each of the Guarantors under this Guaranty shall be several and also joint, each with all and also each with any one or more of the others, and may be enforced against each severally, any two or more jointly, or some severally and some jointly. Any one or more of the Guarantors may be released from its obligations hereunder with or without consideration for such release and the obligations of the other Guarantors hereunder shall be in no way affected thereby. Agent, on behalf of BanksLenders, may fail or elect not to prove a claim against any bankrupt or insolvent Guarantor and thereafter, Agent and the Bank Lenders may, without notice to any of the Guarantors, extend or renew any part or all of any indebtedness of the Company or any of the Guarantors, Permitted Borrowers under the Credit Agreement or otherwise and may permit any of the Guarantors such Person to incur additional indebtedness, without affecting in any manner the unconditional obligation of each of the remaining Guarantors. Such action shall not affect any right of contribution among the Guarantors.

Appears in 1 contract

Samples: Joinder Agreement (Vishay Intertechnology Inc)

Joint and Several Obligation, etc. The obligation of each of the Guarantors under this Guaranty shall be several and also joint, each with all and also each with any one or more of the others, and may be enforced against each severally, any two or more jointly, or some severally and some jointly. Any one or more of the Guarantors may be released from its obligations hereunder with or without consideration for such release and the obligations of the other Guarantors hereunder shall be in no way affected thereby. The Agent, on behalf of BanksLenders, may fail or elect not to prove a claim against any bankrupt or insolvent Guarantor and thereafter, the Agent and the Bank Lenders may, without notice to any Guarantors, extend or renew any part or all of any indebtedness of any the obligations of the GuarantorsBorrowers under the Credit Agreement or otherwise, and may permit any of the Guarantors such Person to incur additional indebtedness, without affecting in any manner the unconditional obligation of each of the remaining GuarantorsGuarantors hereunder. Such action shall not affect any right of contribution among the Guarantors.

Appears in 1 contract

Samples: Intellectual Property Security Agreement (Obagi Medical Products, Inc.)

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