Common use of Separate Actions Clause in Contracts

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.

Appears in 2 contracts

Samples: Credit Agreement (Nacco Industries Inc), Credit Agreement (NMHG Holding Co)

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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 Co-Borrower Obligations, or any claim that any such Borrower’s liability hereunder exceeds or is more burdensome than the liability of any other Borrower or BorrowersBorrower.

Appears in 2 contracts

Samples: Credit Agreement (Patterson Companies, Inc.), Credit Agreement (Patterson Companies, Inc.)

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 's liability hereunder exceeds or is more burdensome than the liability of any other Borrower or Borrowers.

Appears in 2 contracts

Samples: Credit Agreement (Nacco Industries Inc), Credit Agreement (Hyster Overseas Capital Corp LLC)

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 Co-Borrower Obligations, or any claim that any such Borrower’s 's liability hereunder exceeds or is more burdensome than the liability of any other Borrower or BorrowersBorrower.

Appears in 1 contract

Samples: Credit Agreement (Patterson Dental Co)

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Separate Actions. A separate action or actions may be brought and prosecuted against any Borrower whether such action is brought against any the other Borrower or whether any the other Borrower is joined in such action or actions. Each Borrower authorizes the Administrative Agent and the Lenders to release the other Borrowers 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 any the other Borrower, or the cessation for any reason whatsoever of the liability of any the other Borrower with respect to any of the Obligations, or any claim that any such Borrower’s 's liability hereunder exceeds or is more burdensome than the liability of any the other Borrower or BorrowersBorrower.

Appears in 1 contract

Samples: Credit Agreement (CMS Energy Corp)

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