Common use of Obligations Several; Independent Nature of Lenders’ Rights Clause in Contracts

Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment or Term Loan 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, subject to Section 10.9, 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. Section 11.12

Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment or Term Loan 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, subject to Section 10.910.1(b), 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. Section 11.12.

Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment or Term Loan Commitment Commitments 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, subject to Section 10.99.8(b), each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Documents out hereof and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose. Section 11.12.

Obligations Several; Independent Nature of Lenders’ Rights. The obligations obligation of the Lenders each Lender hereunder are several is several, and no Lender shall be responsible for the obligations obligation or Revolving Commitment or Term Loan Commitment commitment of any other Lender hereunder. Nothing contained herein in this Agreement or in any of the other Credit Document, Financing Agreements and no action taken by the Lenders pursuant hereto or thereto, thereto shall be deemed to constitute the Lenders as 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, and subject to Section 10.912.3 hereof, each Lender shall be entitled to protect and enforce its rights arising under out of 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. Section 11.12SECTION 7.

Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment or Term Loan Commitment Commitments of any other Lender hereunder. Nothing contained herein or in any other Credit Loan 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, and subject to Section 10.9, the provisions of this Agreement and the other Loan Documents each Lender shall be entitled to protect and enforce its rights arising under out of this 128 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. Section 11.12.

Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment or Term Loan Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Loan 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, subject to Section 10.910.10(c), each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Loan Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose. Section 11.12.

Obligations Several; Independent Nature of Lenders’ Rights. The obligations obligation of the Lenders each Lender hereunder are several is several, and no Lender shall be responsible for the obligations obligation or Revolving Commitment or the Term Loan Commitment of any other Lender hereunder. Nothing contained herein in this Agreement or in any of the other Credit Document, Financing Agreements and no action taken by the Lenders pursuant hereto or thereto, thereto shall be deemed to constitute the Lenders as 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, and subject to Section 10.912.3 hereof, each Lender shall be entitled to protect and enforce its rights arising under out of 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. Section 11.12.

Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment or Term Loan 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, subject to Section 10.910.10(c), 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. Section 11.12

Obligations Several; Independent Nature of Lenders’ Rights. The obligations obligation of the Lenders each Lender hereunder are several is several, and no Lender shall be responsible for the obligations obligation or Revolving Commitment or Term Loan Commitment commitment of any other Lender hereunder. Nothing contained herein in this Agreement or in any of the other Credit Document, Loan Documents and no action taken by the Lenders pursuant hereto or thereto, thereto shall be deemed to constitute the Lenders as 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, and subject to Section 10.913.4 hereof, each Lender shall be entitled to protect and enforce its rights arising under out of 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. Section 11.12.

Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment or Term Loan 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, subject to the final paragraph of Section 10.98 and Section 10.8(b) or as otherwise expressly provided in this Agreement, each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Documents hereunder and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose. Section 11.12.

Obligations Several; Independent Nature of Lenders’ Rights. The obligations obligation of the Lenders each Lender hereunder are several is several, and no Lender shall be responsible for the obligations obligation or Revolving Commitment or Term Loan Commitment commitment of any other Lender hereunder. Nothing contained herein in this Agreement or in any of the other Credit Document, Financing Agreements and no action taken by the Lenders pursuant hereto or thereto, thereto shall be deemed to constitute the Lenders as 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, and subject to Section 10.912.13 hereof, each Lender shall be entitled to protect and enforce its rights arising under out of 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. Section 11.12.

Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders (which term shall include Issuing Bank for purposes of this Section 10.13) hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment or Term Loan 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 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, subject to Section 10.9, and each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Documents out hereof and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose. Section 11.12.

Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment or Term Loan 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, subject to Section 10.910.10(b), 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. Section 11.12

Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment or Term Loan Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Loan 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, subject to Section 10.911.10(d), each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Loan Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose. Section 11.12.

Obligations Several; Independent Nature of Lenders’ Rights. The obligations obligation of the Lenders each Lender hereunder are several is several, and no Lender shall be responsible for the obligations obligation or Revolving Commitment or Term Loan Commitment commitment of any other Lender hereunder. Nothing contained herein in this Agreement or in any of the other Credit Document, Financing Agreements and no action taken by the Lenders pursuant hereto or thereto, thereto shall be deemed to constitute the Lenders as 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, and subject to Section 10.9SECTION 12.3 hereof, each Lender shall be entitled to protect and enforce its rights arising under out of 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. Section 11.12.

Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment or Term Loan 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, and subject to the final paragraph of Section 10.98 and Section 9.8(b), each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Documents hereunder and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose. Section 11.12.

Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment or Term Loan 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, subject to Section 10.9, 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. Section 11.12.

Obligations Several; Independent Nature of Lenders’ Rights. The obligations obligation of the Lenders each Lender hereunder are several is several, and no Lender shall be responsible for the obligations obligation or Revolving Commitment or Term Loan Commitment commitment of any other Lender hereunder. Nothing contained herein in this Agreement or in any of the other Credit Document, Loan Documents and no action taken by the Lenders pursuant hereto or thereto, thereto shall be deemed to constitute the Lenders as 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, and subject to Section 10.99.09 hereof, each Lender shall be entitled to protect and enforce its rights arising under out of 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. Section 11.12.

Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment or Term Loan Commitment Commitments of any other Lender hereunder. Nothing contained herein or in any other Credit Loan 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, subject to Section 10.99, each Lender shall be entitled to protect and enforce its rights arising under out of 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. Section 11.12.

Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment or Term Loan 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, subject to Section 10.910.10(c), 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. Section 11.12.

Obligations Several; Independent Nature of Lenders’ Rights. The obligations ---------------------------------------------------------- obligation of the Lenders each Lender hereunder are several is several, and no Lender shall be responsible for the obligations obligation or Revolving Commitment or Term Loan Commitment commitment of any other Lender hereunder. Nothing contained herein in this Agreement or in any of the other Credit Document, Financing Agreements and no action taken by the Lenders pursuant hereto or thereto, thereto shall be deemed to constitute the Lenders as 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, and subject to Section 10.912.3 hereof, each Lender shall be entitled to protect and enforce its rights arising under out of 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. Section 11.12.

Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several several, and no Lender shall be responsible for the obligations or Revolving Commitment or Term Loan 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, subject to Section 10.99.8(b), each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Documents hereunder, and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose. Section 11.12.

Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders (which term shall include each Issuing Bank for purposes of this Section 10.13) hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment or Term Loan Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Financing 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 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, subject to Section 10.9, and each Lender shall be entitled to protect and (subject to the provisions hereof) enforce its rights arising under this Agreement and the other Credit Documents out hereof and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose. Section 11.12.

Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment or Term Loan Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Loan 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, subject to Section 10.99.8, each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Loan Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose. Section 11.12.

Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment or Term Loan Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Loan 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, subject to Section 10.91.8 of Appendix C, each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Loan Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose. Section 11.12.

Obligations Several; Independent Nature of Lenders’ Rights. The obligations obligation of the Lenders each Lender hereunder are several is several, and no Lender shall be responsible for the obligations obligation or Revolving Commitment or Term Loan Commitment commitment of any other Lender hereunder. Nothing contained herein in this Agreement or in any of the other Credit Document, Financing Agreements and no action taken by the Lenders pursuant hereto or thereto, thereto shall be deemed to constitute the Lenders as to be a partnership, an association, a joint venture or any other kind of entity, and this sentence may not be amended or superseded without the consent of all Lenders. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, and subject to Section 10.912.3 hereof, each Lender shall be entitled to protect and enforce its rights arising under out of 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. Section 11.12.

Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment or Term Loan 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, subject to Section 10.9, 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. Section 11.12.

Obligations Several; Independent Nature of Lenders’ Rights. The obligations obligation of the Lenders each Lender hereunder are several is several, and no Lender shall be responsible for the obligations obligation or Revolving Commitment or Term Loan Commitment commitment of any other Lender hereunder. Nothing contained herein in this Agreement or in any of the other Credit Document, Financing Agreements and no action taken by the Lenders pursuant hereto or thereto, thereto shall be deemed to constitute the Lenders as 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, and subject to Section 10.912.12 hereof, each Lender shall be entitled to protect and enforce its rights arising under out of 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. Section 11.12.

Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment or Term Loan Commitment of any other Lender hereunder. Nothing contained herein or in any 135 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, subject to Section 10.99.8(b), each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Documents out hereof and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose. Section 11.12.

Obligations Several; Independent Nature of Lenders’ Rights. The obligations obligation of the Lenders each Lender hereunder are several is several, and no Lender shall be responsible for the obligations obligation or Revolving Commitment or Term Loan Commitment -61- commitment of any other Lender hereunder. Nothing contained herein in this Agreement or in any of the other Credit Document, Financing Agreements and no action taken by the Lenders pursuant hereto or thereto, thereto shall be deemed to constitute the Lenders as 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, and subject to Section 10.912.3 hereof, each Lender shall be entitled to protect and enforce its rights arising under out of 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. Section 11.12.

Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment or Term Loan 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, and (subject to Section 10.910.08(b)), each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Documents herefrom and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose. Section 11.12.

Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment or Term Loan Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Loan Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to - 128 - US-DOCS\116826573.25 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, subject to Section 10.99.8, each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Loan Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose. Section 11.12.

Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment or Term Loan Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Loan 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, subject to Section 10.910.10(c), each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Loan Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose. Section 11.12162

Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment or Term Loan 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, subject to Section 10.99.10(d), 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. Section 11.12.

Obligations Several; Independent Nature of Lenders’ Rights. The In the event there is ever more than one Lender under this Agreement, the obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment or Term Loan Commitment commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Transaction 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, subject to Section 10.99.04(b), each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Transaction Documents and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose. Section 11.12.

Obligations Several; Independent Nature of Lenders’ Rights. The obligations obligation of the Lenders each Lender hereunder are several is several, and no Lender shall be responsible for the obligations obligation or Revolving Commitment or Term Loan Commitment commitment of any other Lender hereunder. Nothing contained herein in this Agreement or in any of the other Credit Document, Financing Agreements and no action taken by the Lenders pursuant hereto or thereto, thereto shall be deemed to constitute the Lenders as to be a partnership, an association, a joint venture or any other kind of entity, and this sentence may not be amended or superseded without the consent of all Lenders. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and, and subject to Section 10.912.3(b) hereof, each Lender shall be entitled to protect and enforce its rights arising under out of 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. Section 11.12.

Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment Commitments or Term Loan Commitment representations of any other Lender hereunder. Nothing contained herein or in any other Credit Loan 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, subject to Section 10.9, and each Lender shall be entitled to protect and enforce its rights arising under out of this Agreement and Agreement, subject to the other Credit Documents fourth sentence of subsection 9.6 and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose. Section 11.12.

Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment or Term Loan 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 125 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, subject to Section 10.910.10(c), 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. Section 11.12.

Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders (which term shall include each Issuing Bank for purposes of this Section 10.12) hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment or Term Loan Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Financing 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 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, subject to Section 10.9, and each Lender shall be entitled to protect and (subject to the provisions hereof) enforce its rights arising under this Agreement and the other Credit Documents out hereof and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose. Section 11.12.

Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment or Term Loan Commitment of any other Lender hereunder. Nothing contained herein or in any other Credit Loan 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, subject to Section 10.99.8(b), each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Documents out hereof and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose. Section 11.1210.12

Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment or Term Loan 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, subject to Section 10.910.10(d), 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. Section 11.12.

Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment or Term Loan 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, subject to the final paragraph of Section 10.98 and Section 9.8(b) or as otherwise expressly provided in this Agreement, each Lender shall be entitled to protect and enforce its rights arising under this Agreement and the other Credit Documents hereunder and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose. Section 11.12.

Obligations Several; Independent Nature of Lenders’ Rights. The obligations of the Lenders hereunder are several and no Lender shall be responsible for the obligations or Revolving Commitment or Term Loan 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, subject to Section 10.910.10(d), 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. Section 11.12.