Common use of Separate Action Clause in Contracts

Separate Action. In case of default hereunder, the Guarantee Beneficiaries may maintain an action or separate successive actions upon this Guarantee against the Guarantors (or any of them) whether or not any Obligor is joined therein or a separate action is brought against any Obligor or any other guarantor (including any other Guarantor hereunder) or any judgment obtained against any of them. The Guarantee Beneficiaries' rights shall not be exhausted by the exercise of any of the Guarantee Beneficiaries' rights hereunder or otherwise against any Guarantor or by any number of successive actions until and unless all Guaranteed Obligations have been fully paid and performed, and each of the Guarantors' obligations hereunder has been fully performed.

Appears in 1 contract

Sources: Credit Agreement (Nacg Finance LLC)

Separate Action. In case of default hereunder, the Guarantee Beneficiaries may maintain an action or separate successive actions upon this Guarantee against the Guarantors (or any of them) Guarantor whether or not any the Borrower or the applicable Borrower Group Obligor is joined therein or a separate action is brought against any the Borrower, such Borrower Group Obligor or any other indemnitor or guarantor (including any other Guarantor hereunder) or any judgment obtained against any of them. The Guarantee Beneficiaries' rights shall not be exhausted by the exercise of any of the Guarantee Beneficiaries' rights hereunder or otherwise against any the Guarantor or by any number of successive actions until and unless all Guaranteed Obligations have been fully paid and performed, and each of the Guarantors' Guarantor’s obligations hereunder has been fully performed.

Appears in 1 contract

Sources: Credit Agreement

Separate Action. In case of default hereunder, the Guarantee Beneficiaries may maintain an action or separate successive actions upon this Guarantee against the Guarantors (or any of them) Guarantor whether or not any the Borrower or the applicable Borrower Group Obligor is joined therein or a separate action is brought against any the Borrower, such Borrower Group Obligor or any other indemnitor or guarantor (including any other Guarantor hereunder) or any judgment obtained against any of them. The Guarantee Beneficiaries' rights shall not be exhausted by the exercise of any of the Guarantee Beneficiaries' rights hereunder or otherwise against any the Guarantor or by any number of successive actions until and unless all Guaranteed Obligations have been fully paid and performed, and each of the Guarantors' Guarantor's obligations hereunder has been fully performed.

Appears in 1 contract

Sources: Credit Agreement