Separate Actions. A separate action or actions may be brought and prosecuted against any Guarantor whether or not action is brought against any other Guarantor, any other guarantor or the Borrower, and whether or not any other Guarantor, any other guarantor of the Borrower or the Borrower be joined in any such action or actions.
Separate Actions. A separate action may be brought and prosecuted against any Grantor, any other guarantor or obligor or the Borrower, and whether or not any other Grantor, any other guarantor or obligor or the Borrower be joined in such action or actions.
Separate Actions. A separate action or actions may be brought and prosecuted against any Borrower whether such action is brought against any other Borrower or whether any other Borrower is joined in such action or actions. Each Borrower authorizes the Administrative Agent and the Lenders to release the other Borrowers without in any manner or to any extent affecting the liability of such Borrower hereunder or under the Loan Documents. Each Borrower waives any defense arising by reason of any disability or other defense of any other Borrower, or the cessation for any reason whatsoever of the liability of any other Borrower with respect to any of the Obligations, or any claim that any Borrower’s liability hereunder exceeds or is more burdensome than the liability of any other Borrower or Borrowers.
Separate Actions. 84 SECTION 12.03.
Separate Actions. A separate action or actions may be brought and prosecuted against any Borrower whether such action is brought against the other Borrower or whether the other Borrower is joined in such action or actions. Each Borrower authorizes the Administrative Agent, the Issuing Banks and the Lenders to release the other Borrower without in any manner or to any extent affecting the liability of such Borrower hereunder or under the Loan Documents. Each Borrower waives any defense arising by reason of any disability or other defense of the other Borrower, or the cessation for any reason whatsoever of the liability of the other Borrower with respect to any of the Obligations, or any claim that such Borrower's liability hereunder exceeds or is more burdensome than the liability of the other Borrower.
Separate Actions. Separate actions may be maintained by Landlord against Tenant from time to time to recover any damages, which, at the commencement of any such action, have then or theretofore become due and payable to Landlord under Article 20, without waiting until the end of the Term and without prejudice to Landlord’s right to collect damages thereafter.
Separate Actions. The agreements, obligations, warranties and representations of Guarantor hereunder are independent of the obligations of Tenant. In the event of any default hereunder, a separate action or actions may be brought and prosecuted against the undersigned, whether Tenant is joined therein or a separate action or actions are brought against Tenant. Owner may maintain successive actions for other defaults. Owner's right hereunder shall not be exhausted by its exercise of any of its rights or remedies until and unless all indebtedness and obligations hereby guaranteed have been paid and fully performed.
Separate Actions. Multiple actions may be brought and judgments obtained under this Indemnity. A separate and new right of action arises each time that a claim or liability arises under this Indemnity.
Separate Actions. 31 Section 9.16 Full Recourse Obligations; Effect of Fraudulent Transfer Laws 31 Section 9.17 Governing Law; Venue; Waiver of Jury Trial 31 EXHIBITS Exhibit A Security Agreement Joinder Exhibit B Perfection Certificate THIS PLEDGE AND SECURITY AGREEMENT, dated as of August 31, 2012 (as the same may be amended, restated or otherwise modified from time to time, this “Agreement”), among: (i) PREFERRED APARTMENT COMMUNITIES OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (the “Borrower”); (ii) each of the Subsidiaries (as defined in the Credit Agreement referred to below) of the Borrower that is a signatory hereto (each such Subsidiary, together with each Additional Grantor (defined below) that becomes a party hereto pursuant to Section 9.14 hereof and together with the Borrower, collectively, the “Grantors” and, individually, each a “Grantor”); and (iii) KEYBANK NATIONAL ASSOCIATION, as administrative agent (the “Administrative Agent”), for the benefit of the Secured Creditors (as defined below):
Separate Actions. 100 Section 10.07 Subsidiary Guarantors Familiar with Borrower’s Affairs. 100 Section 10.08 Solvency. 101 Section 10.09 Continuing Guaranty; Remedies Cumulative, etc. 101 Section 10.10 Application of Payments and Recoveries. 101 Section 10.11 Enforcement Expenses. 101 Section 10.12 Right of Setoff. 102 Section 10.13 Reinstatement. 102 Section 10.14 Sale of Equity Interests of a Guarantor. 102 Section 10.15 Contribution Among Guarantors. 102 Section 10.16 Full Recourse Obligations; Effect of Fraudulent Transfer Laws, etc. 102 Section 10.17 [Intentionally Omitted]. 103 Section 10.18 Termination. 103 Section 10.19 Enforcement Only by Administrative Agent. 103 Section 10.20 Effect of Stay. 103 ARTICLE XI. MISCELLANEOUS 103 Section 11.01 Payment of Expenses etc. 103 Section 11.02 Indemnification. 103 Section 11.03 Right of Setoff. 104 Section 11.04 Equalization. 105 Section 11.05 Notices. 105 Section 11.06 Successors and Assigns. 106 LEGAL02/37021070v10 TABLE OF CONTENTS Page Section 11.07 No Waiver; Remedies Cumulative. 110 Section 11.08 Governing Law; Submission to Jurisdiction; Venue; Waiver of Jury Trial. 111 Section 11.09 Counterparts. 112 Section 11.10 Integration. 112 Section 11.11 Headings Descriptive. 112 Section 11.12 Amendment or Waiver. 112 Section 11.13 Survival of Indemnities. 114 Section 11.14 Domicile of Loans. 114 Section 11.15 Confidentiality. 114 Section 11.16 Limitations on Liability of the LC Issuers. 115 Section 11.17 General Limitation of Liability. 115
