Separate Actions Clause Samples
The Separate Actions clause establishes that each party retains the right to pursue legal or equitable remedies independently, even if other related actions are ongoing. In practice, this means that a party can initiate a lawsuit or seek enforcement of rights without being required to wait for the resolution of other disputes or claims arising from the same agreement. This clause ensures that parties are not hindered by procedural delays and can protect their interests promptly, thereby preventing one party from using ongoing proceedings as a means to stall or avoid responsibility.
Separate Actions. A separate action or actions may be brought and prosecuted against any Guarantor whether or not action is brought against any other Guarantor, any other guarantor or the Borrower, and whether or not any other Guarantor, any other guarantor of the Borrower or the Borrower be joined in any such action or actions.
Separate Actions. A separate action may be brought and prosecuted against any Grantor, any other guarantor or obligor or the Borrower, and whether or not any other Grantor, any other guarantor or obligor or the Borrower be joined in such action or actions.
Separate Actions. A separate action or actions may be brought and prosecuted against any Borrower whether such action is brought against the other Borrower or whether the other Borrower is joined in such action or actions. Each Borrower authorizes the Administrative Agent, the Issuing Banks and the Lenders to release the other Borrower without in any manner or to any extent affecting the liability of such Borrower hereunder or under the Loan Documents. Each Borrower waives any defense arising by reason of any disability or other defense of the other Borrower, or the cessation for any reason whatsoever of the liability of the other Borrower with respect to any of the Obligations, or any claim that such Borrower's liability hereunder exceeds or is more burdensome than the liability of the other Borrower.
Separate Actions. 84 SECTION 12.03.
Separate Actions. The agreements, obligations, warranties and representations of Guarantor hereunder are independent of the obligations of Tenant. In the event of any default hereunder, a separate action or actions may be brought and prosecuted against the undersigned, whether Tenant is joined therein or a separate action or actions are brought against Tenant. Owner may maintain successive actions for other defaults. Owner's right hereunder shall not be exhausted by its exercise of any of its rights or remedies until and unless all indebtedness and obligations hereby guaranteed have been paid and fully performed.
Separate Actions. Separate actions may be maintained by Landlord against Tenant from time to time to recover any damages, which, at the commencement of any such action, have then or theretofore become due and payable to Landlord under Article 20, without waiting until the end of the Term and without prejudice to Landlord’s right to collect damages thereafter.
Separate Actions. A separate action or actions may be brought and prosecuted against the Debtor whether or not action is brought against either of the Borrowers or any guarantor of any of the Secured Obligations, and whether or not any other guarantor or either of the Borrowers be joined in any such action or actions.
Separate Actions. Multiple actions may be brought and judgments obtained under this Agreement. A separate and new right of action arises each time that a claim or liability arises under this Agreement.
Separate Actions. 31 Section 9.16 Full Recourse Obligations; Effect of Fraudulent Transfer Laws 31 Section 9.17 Governing Law; Venue; Waiver of Jury Trial 31 EXHIBITS Exhibit A Security Agreement Joinder Exhibit B Perfection Certificate - #PageNum# - THIS PLEDGE AND SECURITY AGREEMENT, dated as of August 31, 2012 (as the same may be amended, restated or otherwise modified from time to time, this “Agreement”), among: (i) PREFERRED APARTMENT COMMUNITIES OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (the “Borrower”); (ii) each of the Subsidiaries (as defined in the Credit Agreement referred to below) of the Borrower that is a signatory hereto (each such Subsidiary, together with each Additional Grantor (defined below) that becomes a party hereto pursuant to Section 9.14 hereof and together with the Borrower, collectively, the “Grantors” and, individually, each a “Grantor”); and (iii) KEYBANK NATIONAL ASSOCIATION, as administrative agent (the “Administrative Agent”), for the benefit of the Secured Creditors (as defined below):
Separate Actions. 31 Section 9.16 Full Recourse Obligations; Effect of Fraudulent Transfer Laws 31 Section 9.17 Applicable Law; Jurisdiction; Etc 31 Exhibit A Security Agreement Joinder Exhibit B Perfection Certificate Exhibit C Lockbox Agreement Exhibit D Collateral Assignment of Contracts THIS PLEDGE AND SECURITY AGREEMENT, dated as of January 2, 2019 (as the same may be amended, restated or otherwise modified from time to time, this “Agreement”), between: (i) CLEAN ENERGY, a California corporation (the “Grantor”); and (ii) TOTAL HOLDINGS USA INC., a Delaware corporation (the “Guarantor”):