Common use of Separate Action Clause in Contracts

Separate Action. In case of default hereunder, the Guarantee Beneficiaries may maintain an action or separate successive actions upon this Guarantee against the Guarantor whether or not the Borrower or any other Material Subsidiary is joined therein or a separate action is brought against the Borrower, any other Material Subsidiary or any other guarantor or any judgment obtained against any of them. The Guarantee Beneficiaries’ rights shall not be exhausted by the exercise of any of the Guarantee Beneficiaries’ rights hereunder or otherwise against the Guarantor or by any number of successive actions until and unless all Guaranteed Obligations have been fully paid and performed, and each of the Guarantor’s obligations hereunder has been fully performed.

Appears in 2 contracts

Samples: Credit Agreement (Bellatrix Exploration Ltd.), Credit Agreement (Bellatrix Exploration Ltd.)

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Separate Action. In case of default hereunder, the Guarantee Beneficiaries may maintain an action or separate successive actions upon this Guarantee against the each Guarantor whether or not the Borrower or any other Material Subsidiary applicable Obligor is joined therein or a separate action is brought against the Borrower, any other Material Subsidiary such Obligor or any other indemnitor or guarantor or any judgment obtained against any of them. The Guarantee Beneficiaries’ rights shall not be exhausted by the exercise of any of the Guarantee Beneficiaries’ rights hereunder or otherwise against the any Guarantor or by any number of successive actions until and unless all Guaranteed Obligations have been fully paid and performed, and each of the every Guarantor’s obligations hereunder has been fully performed.

Appears in 2 contracts

Samples: Assignment and Assumption (Kinder Morgan, Inc.), Assignment and Assumption (Kinder Morgan, Inc.)

Separate Action. In case of default hereunder, the Guarantee Beneficiaries may maintain an action or separate successive actions upon this Guarantee against the Guarantor whether or not the Borrower or any other Material Subsidiary the applicable Borrower Group Obligor is joined therein or a separate action is brought against the Borrower, any other Material Subsidiary such Borrower Group Obligor or any other indemnitor or guarantor or any judgment obtained against any of them. The Guarantee Beneficiaries’ rights shall not be exhausted by the exercise of any of the Guarantee Beneficiaries’ rights hereunder or otherwise against the Guarantor or by any number of successive actions until and unless all Guaranteed Obligations have been fully paid and performed, and each of the Guarantor’s obligations hereunder has been fully performed.

Appears in 1 contract

Samples: Credit Agreement

Separate Action. In case of default hereunder, the Guarantee Beneficiaries may maintain an action or separate successive actions upon this Guarantee against the Guarantor whether or not the Borrower Issuer or any other Material Subsidiary is joined therein or a separate action is brought against the BorrowerIssuer, any other Material Subsidiary or any other guarantor or any judgment obtained against any of them. The Guarantee Beneficiaries’ rights shall not be exhausted by the exercise of any of the Guarantee Beneficiaries’ rights hereunder or otherwise against the Guarantor or by any number of successive actions until and unless all Guaranteed Obligations have been fully paid and performed, and each of the Guarantor’s obligations hereunder has been fully performed.

Appears in 1 contract

Samples: Note Purchase Agreement (Bellatrix Exploration Ltd.)

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Separate Action. In case of default hereunder, the Guarantee Beneficiaries may maintain an action or separate successive actions upon this Guarantee against the Guarantor whether or not the Borrower or any other Material Subsidiary the applicable Borrower Group Obligor is joined therein or a separate action is brought against the Borrower, any other Material Subsidiary such Borrower Group Obligor or any other indemnitor or guarantor or any judgment obtained against any of them. The Guarantee Beneficiaries' rights shall not be exhausted by the exercise of any of the Guarantee Beneficiaries' rights hereunder or otherwise against the Guarantor or by any number of successive actions until and unless all Guaranteed Obligations have been fully paid and performed, and each of the Guarantor’s 's obligations hereunder has been fully performed.

Appears in 1 contract

Samples: Credit Agreement

Separate Action. In case of default hereunder, the Guarantee Beneficiaries may maintain an action or separate successive actions upon this Guarantee against the Guarantor Guarantors (or any of them) whether or not the Borrower or any other Material Subsidiary Obligor is joined therein or a separate action is brought against the Borrower, any other Material Subsidiary Obligor or any other guarantor (including any other Guarantor hereunder) or any judgment obtained against any of them. The Guarantee Beneficiaries' rights shall not be exhausted by the exercise of any of the Guarantee Beneficiaries' rights hereunder or otherwise against the any Guarantor or by any number of successive actions until and unless all Guaranteed Obligations have been fully paid and performed, and each of the Guarantor’s Guarantors' obligations hereunder has been fully performed.

Appears in 1 contract

Samples: Credit Agreement (Nacg Finance LLC)

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