Common use of Separate Loans Clause in Contracts

Separate Loans. Company acknowledges that Lender is making the Term Loan and the Revolving Loan under the terms of this single Loan Agreement, and not under the terms of separate loan agreements, as a matter of convenience for both parties, and neither party hereto intends thereby that Company shall have any recourse to Lender under the terms of one Loan or Note as a remedy to Lenders’ breach of or failure to perform under the terms of the other Loan or Note. Accordingly, for purposes of determining the Company’s rights and the Lender’s obligations with respect to each Loan, the parties deem this Agreement to constitute two separate loan agreements. In particular, and without limiting the effect of any of the foregoing, Company acknowledges and agrees that in the event Lender breaches or fails to perform any obligation under the Revolving Loan, the Revolving Note or any provision of any other Transaction Document affecting the Revolving Loan or the Revolving Note, Company shall have no recourse and shall pursue no remedy whatsoever with respect to the Term Loan, and shall continue to make all required payments of principal, interest and all other amount due and owing under the terms of this Agreement with respect to the Term Loan, the Term Note and any other provision of any other Transaction Document affecting the Term Loan and the Term Note. 5.18