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.
Appears in 3 contracts
Sources: Credit Agreement (CMS Energy Corp), Credit Agreement (CMS Energy Corp), Credit Agreement (CMS Energy Corp)
Separate Actions. A separate action or actions may be brought and prosecuted against any Borrower whether such action is brought against the any other Borrower or whether the any other Borrower is joined in such action or actions. Each Borrower authorizes the Administrative Agent, the Issuing Banks Agent and the Lenders to release the other Borrower Borrowers 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 any other Borrower, or the cessation for any reason whatsoever of the liability of the any other Borrower with respect to any of the Co-Borrower Obligations, or any claim that such Borrower's ’s liability hereunder exceeds or is more burdensome than the liability of the any other Borrower.
Appears in 2 contracts
Sources: Credit Agreement (Patterson Companies, Inc.), Credit Agreement (Patterson Companies, Inc.)
Separate Actions. A separate action or actions may be brought and prosecuted against any Borrower whether such action is brought against the any other Borrower or whether the any other Borrower is joined in such action or actions. Each Borrower authorizes the Administrative Agent, the Issuing Banks Agent and the Lenders to release the other Borrower Borrowers 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 any other Borrower, or the cessation for any reason whatsoever of the liability of the any other Borrower with respect to any of the Obligations, or any claim that such any Borrower's liability hereunder exceeds or is more burdensome than the liability of the any other BorrowerBorrower or Borrowers.
Appears in 2 contracts
Sources: Credit Agreement (Nacco Industries Inc), Credit Agreement (Hyster Overseas Capital Corp LLC)
Separate Actions. A separate action or actions may be brought and prosecuted against any Borrower whether such action is brought against the any other Borrower or whether the any other Borrower is joined in such action or actions. Each Borrower authorizes the Administrative Agent, the Issuing Banks Agent and the Lenders to release the other Borrower Borrowers 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 any other Borrower, or the cessation for any reason whatsoever of the liability of the any other Borrower with respect to any of the Obligations, or any claim that such any Borrower's ’s liability hereunder exceeds or is more burdensome than the liability of the any other BorrowerBorrower or Borrowers.
Appears in 2 contracts
Sources: Credit Agreement (Nacco Industries Inc), Credit Agreement (NMHG Holding Co)
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 Agent 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.
Appears in 1 contract
Sources: Credit Agreement (CMS Energy Corp)
Separate Actions. A separate action or actions may be brought and prosecuted against any Borrower whether such action is brought against the any other Borrower or whether the any other Borrower is joined in such action or actions. Each Borrower authorizes the Administrative Agent, the Issuing Banks Agent and the Lenders to release the other Borrower Borrowers 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 any other Borrower, or the cessation for any reason whatsoever of the liability of the any other Borrower with respect to any of the Co-Borrower Obligations, or any claim that such Borrower's liability hereunder exceeds or is more burdensome than the liability of the any other Borrower.
Appears in 1 contract