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 Guarantor is joined therein or a separate action is brought against the Guarantor 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 the 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.)

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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 Guarantor Borrower is joined therein or a separate action is brought against the Guarantor Borrower 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 an performed, and each of the Guarantor’s 's obligations hereunder has been fully paid and performed.

Appears in 1 contract

Samples: Credit Agreement (Keyspan Corp)

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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 Guarantor any Obligor is joined therein or a separate action is brought against the Guarantor any 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 (Nacg Finance LLC)

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