Common use of Unconditional Nature of Liabilities Clause in Contracts

Unconditional Nature of Liabilities. Borrowers’ joint and several liability with respect to the Term Loan and other Obligations shall, to the fullest extent permitted by applicable law, be unconditional irrespective of (a) the validity, enforceability, avoidance or subordination of any of the Obligations or of any document evidencing or securing any part of the Obligations, (b) the absence of any attempt to collect any of the Obligations from any other Obligor or any Collateral or other security therefor, or the absence of any other action to enforce the same, (c) the waiver, consent, extension, forbearance or granting of any indulgence by Lender with respect to any Term Loan Documents, (d) the failure by Lender to take any steps to perfect or maintain the perfected status of its security interest in or Lien upon, or to preserve its right to, any of the Collateral or Lender’s release of any Collateral or its termination or release of any Liens upon any Collateral, (e) the release or compromise, in whole or in part, of the liability of any Obligor for the payment of any of the Obligations, (f) any amendment or modification of any of the Term Loan Documents or any waiver of a Default or Event of Default, (g) any increase in the amount of the Obligations beyond any limits imposed herein or any increase or decrease in the amount of any interest, fees or other charges payable in connection therewith, or (h) any other circumstances that might constitute a legal or equitable discharge or defense of any Obligor. Each Borrower shall be deemed to have waived any provision under applicable law that might otherwise require Lender to pursue or exhaust its remedies against any Collateral or Obligor before pursuing any Borrower or any other Obligor. Each Borrower consents that Lender shall be under no obligation to marshal any assets in favor of any Obligor or against or in payment of any or all of the Obligations.

Unconditional Nature of Liabilities. Borrowers’ joint and several liability with respect to the Term Loan Loans and other Obligations shall, to the fullest extent permitted by applicable law, be unconditional irrespective of (ai) the validity, enforceability, avoidance or subordination of any of the Obligations or of any document evidencing or securing any part of the Obligations, (bii) the absence of any attempt to collect any of the Obligations from any other Obligor or any Collateral or other security therefor, or the absence of any other action to enforce the same, (ciii) the waiver, consent, extension, forbearance or granting of any indulgence by Lender with respect to any Term Loan Documents, (div) the failure by Lender to take any steps to perfect or maintain the perfected status of its security interest in or Lien upon, or to preserve its right to, any of the Collateral or Lender’s release of any Collateral or its termination or release of any Liens upon any Collateral, (ev) the release or compromise, in whole or in part, of the liability of any Obligor for the payment of any of the Obligations, (fvi) any amendment or modification of any of the Term Loan Documents or any waiver of a Default or Event of Default, (gvii) any increase in the amount of the Obligations beyond any limits imposed herein or any increase or decrease in the amount of any interest, fees or other charges payable in connection therewith, or (hviii) any other circumstances that might constitute a legal or equitable discharge or defense of any Obligor. Each Borrower shall be deemed to have waived any provision under applicable law that might otherwise require Lender to pursue or exhaust its remedies against any Collateral or Obligor before pursuing any Borrower or any other Obligor. Each Borrower consents that Lender shall be under no obligation to marshal any assets in favor of any Obligor or against or in payment of any or all of the Obligations.

Unconditional Nature of Liabilities. Borrowers’ ' joint and several liability with respect to the Term Loan Loans and other Obligations shall, to the fullest extent permitted by applicable law, be unconditional irrespective of (ai) the validity, enforceability, avoidance or subordination of any of the Obligations or of any document evidencing or securing any part of the Obligations, (bii) the absence of any attempt to collect any of the Obligations from any other Obligor or any Collateral or other security therefor, or the absence of any other action to enforce the same, (ciii) the waiver, consent, extension, forbearance or granting of any indulgence by the Administrative Agent or any Lender with respect to any Term Loan Documents, (div) the failure by the Administrative Agent or any Lender to take any steps to perfect or maintain the perfected status of its security interest in or Lien upon, or to preserve its right to, any of the Collateral or Lenderthe Administrative Agent’s release of any Collateral or its termination or release of any Liens upon any Collateral, (ev) the release or compromise, in whole or in part, of the liability of any Obligor for the payment of any of the Obligations, (fvi) any amendment or modification of any of the Term Loan Documents or any waiver of a Default or Event of Default, (gvii) any increase in the amount of the Obligations beyond any limits imposed herein or any increase or decrease in the amount of any interest, fees or other charges payable in connection therewith, or (hviii) any other circumstances that might constitute a legal or equitable discharge or defense of any Obligor. Each Borrower shall be deemed to have waived any provision under applicable law that might otherwise require the Administrative Agent or any Lender to pursue or exhaust its remedies against any Collateral or Obligor before pursuing any Borrower or any other Obligor. Each Borrower consents that neither the Administrative Agent nor any Lender shall be under no obligation to marshal any assets in favor of any Obligor or against or in payment of any or all of the Obligations.

Unconditional Nature of Liabilities. Borrowers’ joint and several liability with respect to the Term Loan Loans and other Obligations shall, to the fullest extent permitted by applicable law, be unconditional irrespective of (a) the validity, enforceability, avoidance or subordination of any of the Obligations or of any document evidencing or securing any part of the Obligations, (b) the absence of any attempt to collect any of the Obligations from any other Obligor or any Collateral or other security therefor, or the absence of any other action to enforce the same, (c) the waiver, consent, extension, forbearance or granting of any indulgence by Lender with respect to any Term Loan Documents, (d) the failure by Lender to take any steps to perfect or maintain the perfected status of its security interest in or Lien upon, or to preserve its right to, any of the Collateral or Lender’s release of any Collateral or its termination or release of any Liens upon any Collateral, (e) the release or compromise, in whole or in part, of the liability of any Obligor for the payment of any of the Obligations, (f) any amendment or modification of any of the Term Loan Documents or any waiver of a Default or Event of Default, (g) any increase in the amount of the Obligations beyond any limits imposed herein or any increase or decrease in the amount of any interest, fees or other charges payable in connection therewith, or (h) any other circumstances that might constitute a legal or equitable discharge or defense of any Obligor. Each Borrower shall be deemed to have waived any provision under applicable law that might otherwise require Lender to pursue or exhaust its remedies against any Collateral or Obligor before pursuing any Borrower or any other Obligor. Each Borrower consents that Lender shall be under no obligation to marshal any assets in favor of any Obligor or against or in payment of any or all of the Obligations.

Unconditional Nature of Liabilities. BorrowersObligors’ joint and several liability with respect to the Term Loan and other Obligations shall, to the fullest extent permitted by applicable law, be unconditional irrespective of of: (ai) the validity, enforceability, avoidance or subordination of any of the Obligations or of any document evidencing or securing any part of the Obligations, (bii) the absence of any attempt to collect any of the Obligations from any other Obligor or any Collateral or other security therefor, or the absence of any other action to enforce the same, (ciii) the waiver, consent, extension, forbearance or granting of any indulgence by Lender with respect to any Term Loan Documents, (div) the failure by Lender to take any steps to perfect or maintain the perfected status of its security interest in or Lien upon, or to preserve its right to, any of the Collateral or Lender’s release of any Collateral or its termination or release of any Liens upon any Collateral, (ev) the release or compromise, in whole or in part, of the liability of any Obligor for the payment of any of the Obligations, (fvi) any amendment or modification of any of the Term Loan Documents or any waiver of a Default or an Event of Default, (gvii) any increase in the amount of the Obligations beyond any limits imposed herein or any increase or decrease in the amount of any interest, fees or other charges payable in connection therewith, or (hviii) any other circumstances that might constitute a legal or equitable discharge or defense of any Obligor. Each Borrower Obligor shall be deemed to have waived any provision under applicable law that might otherwise require Lender to pursue or exhaust its remedies against any Collateral or Obligor before pursuing any Borrower or any other such Obligor. Each Borrower Obligor consents that Lender shall be under no obligation to marshal any assets in favor of any Obligor or against or in payment of any or all of the Obligations.