INDEPENDENT NATURE OF LENDERS' RIGHTS. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and each Lender shall be entitled to protect and enforce its rights pursuant to this Agreement and its Notes, and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
INDEPENDENT NATURE OF LENDERS' RIGHTS. The amounts payable at any time hereunder to each Lender under such Lender's Note or Notes shall be a separate and independent debt.
INDEPENDENT NATURE OF LENDERS' RIGHTS. Nothing contained herein or in any other Credit Document, and no action taken by the Lenders pursuant hereto or thereto, shall be deemed to constitute the Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and each Lender shall be entitled to protect and enforce its rights arising hereunder and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
INDEPENDENT NATURE OF LENDERS' RIGHTS. The amounts payable at any time under this Agreement to each Agent and each Lender shall be separate and independent debts; each Lender shall be entitled to protect and enforce its rights arising out of this Agreement; and it shall not be necessary for any Agent or any other Lender to be joined as an additional party in any proceeding for such purpose.
INDEPENDENT NATURE OF LENDERS' RIGHTS. Nothing contained in any Loan Document and no action taken by Administrative Agent or any Lender or the Borrower or any Loan Party pursuant hereto or thereto shall be deemed to constitute Lenders and/or the Administrative Agent and/or any Loan Party to be a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and each Lender shall be entitled to protect and enforce its rights arising out of this Agreement and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
INDEPENDENT NATURE OF LENDERS' RIGHTS. Nothing contained in any Loan Document and no action taken by the Lender or the Borrower or any Loan Party pursuant hereto or thereto shall be deemed to constitute the Lender and/or any Loan Party to be a partnership, an association, a joint venture or any other kind of entity.
INDEPENDENT NATURE OF LENDERS' RIGHTS. The obligations of Lenders hereunder are several and no Lender shall be responsible for the obligations or Commitments of any other Lender hereunder. Nothing contained herein or in any other Loan Document, and no action taken by Lenders pursuant hereto or thereto, shall be deemed to constitute Lenders as a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt, and each Lender shall be entitled to protect and enforce its rights arising out of this Agreement and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose. o HEADINGS.
INDEPENDENT NATURE OF LENDERS' RIGHTS. The amounts ------------------------------------- payable at any time hereunder to each Lender shall be a separate and independent debt, and each Lender shall be entitled to protect and enforce its rights pursuant to this Agreement and its Line of Credit Notes, and it shall not be necessary for any other Lender to be joined as an additional party in any proceeding for such purpose.
INDEPENDENT NATURE OF LENDERS' RIGHTS. The amounts payable at any time hereunder to each Lender under such Lender’s Note or Notes shall be a separate and independent debt. 101 Each of the parties hereto has caused a counterpart of this Credit Agreement to be duly executed and delivered as of the date first above written. BORROWER: HXXXXXXX BEACH/PXXXXXX-SILEX, INC., By: Name: /s/ Jxxxx X. Xxxxxx Jxxxx X. Xxxxxx Title: Vice President, Chief Financial Officer and Treasurer 102 HOLDINGS: HXXXXXXX BEACH, INC., in its capacity as a Credit Party By: Name: /s/ Jxxxx X. Xxxxxx Jxxxx X. Xxxxxx Title: Vice President, Chief Financial Officer and Treasurer 103 ADMINISTRATIVE AGENT AND LENDERS: UBS AG, STAMFORD BRANCH, in its capacity as Administrative Agent By: Name: /s/ Rxxxxxx X. Xxxxxx Rxxxxxx X. Xxxxxx Title: Director By: Name: /s/ Dxxxx X. Jxxxx Dxxxx X. Jxxxx Title: Associate Director 104 WACHOVIA BANK, NATIONAL ASSOCIATION, in its capacity as Syndication Agent By: Name: /s/ Gxxxxx X. Xxxxxxxxx Gxxxxx X. Xxxxxxxxx Title: Managing Director 105 UBS LOAN FINANCE LLC, in its capacity as a Lender By: Name: /s/ Rxxxxxx X. Xxxxxx Rxxxxxx X. Xxxxxx Title: Director By: Name: /s/ Dxxxx X. Jxxxx Dxxxx X. Jxxxx Title: Associate Director 106 KEYBANK, NATIONAL ASSOCIATION, in its capacity as Documentation Agent By: Name: /s/ Cxxxx Xxxxxx Cxxxx Xxxxxx Title: Vice President
INDEPENDENT NATURE OF LENDERS' RIGHTS. The obligation of each Lender hereunder is several and not joint and no Lender shall be responsible for the obligation or commitment of any other Lender hereunder. Nothing contained in any Loan Document and no action taken by Agent or any Lender pursuant hereto or thereto shall be deemed to constitute Lenders to be a partnership, an association, a joint venture or any other kind of entity. The amounts payable at any time hereunder to each Lender shall be a separate and independent debt.
