Common use of Acknowledgement of Joint and Several Liability Clause in Contracts

Acknowledgement of Joint and Several Liability. (a) Each Borrower (other than the Controlled Non-Profits) acknowledges that it is jointly and severally liable for all of the Obligations under the Credit Documents. Subject to Section 10.10(e), each Borrower expressly understands, agrees and acknowledges that (i) Borrowers are all affiliated entities by common ownership, (ii) each Borrower desires to have the availability of one common credit facility instead of separate credit facilities, (iii) each Borrower has requested that the Lenders extend such a common credit facility on the terms herein provided, (iv) the Lenders will be lending against, and relying on a lien upon, all of the Borrowers’ assets even though the proceeds of any particular Loan made hereunder may not be advanced directly to a particular Borrower, (v) each Borrower will nonetheless benefit by the making of all such loans by each Lender and the availability of a single credit facility of a size greater than each could independently warrant, (vi) all of the representations, warranties, covenants, obligations, conditions, agreements and other terms contained in the Credit Documents shall be applicable to and shall be binding upon each Borrower, and (vii) the Borrowers have each executed the Notes as co-makers of the Notes and that it would not be able to obtain the credit provided by the Lenders hereunder without the financial support provided by the other Borrowers.

Acknowledgement of Joint and Several Liability. (a) Each Borrower (other than the Controlled Non-Profits) acknowledges that it is jointly and severally liable for all of the Obligations under the Credit Loan Documents. Subject to Section 10.10(e), each Each Borrower expressly understands, agrees and acknowledges that (i) Borrowers are all affiliated Affiliated entities by common ownership, (ii) each Borrower desires to have the availability of one common credit facility instead of separate credit facilities, (iii) each Borrower has requested that the Lenders Lender extend such a common credit facility on the terms herein provided, (iv) the Lenders Lender will be lending against, and relying on a lien upon, all of the Borrowers’ assets even though the proceeds of any particular Loan loan made hereunder may not be advanced directly to a particular Borrower, (v) each Borrower will nonetheless benefit by the making of all such loans by each Lender and the availability of a single credit facility of a size greater than each could independently warrant, and (vi) all of the representations, warranties, covenants, obligations, conditions, agreements and other terms contained in the Credit Loan Documents shall be applicable to and shall be binding upon each Borrower, and (vii) the Borrowers have each executed the Notes as co-makers of the Notes and that it would not be able to obtain the credit provided by the Lenders hereunder without the financial support provided by the other Borrowers.

Acknowledgement of Joint and Several Liability. (a) Each Borrower (other than the Controlled Non-Profits) acknowledges that it is jointly and severally liable for all of the Obligations under the Credit Documents. Subject to Section 10.10(e), each Each Borrower expressly understands, agrees and acknowledges that (i) the Borrowers are all affiliated entities by common ownership, (ii) each Borrower desires to have the availability of one common credit facility instead of separate credit facilities, (iii) each Borrower has requested that the Lenders extend such a common credit facility on the terms herein provided, (iv) the Lenders will be lending against, and relying on a lien Lien upon, all of the Borrowers’ assets Collateral even though the proceeds of any particular Loan loan made hereunder may not be advanced directly to a particular Borrower, (v) each Borrower will nonetheless benefit by the making of all such loans by each Lender the Lenders and the availability of a single credit facility of a size greater than each could independently warrant, (vi) all of the representations, warranties, covenants, obligations, conditions, agreements and other terms contained in the Credit Documents shall be applicable to and shall be binding upon each Borrower, Borrower and (vii) the Borrowers have each executed the Notes as co-makers of the Notes and that it would not be able to obtain the credit provided by the Lenders hereunder without the financial support provided by the other Borrowers.

Acknowledgement of Joint and Several Liability. (a) Each Borrower (other than the Controlled Non-Profits) acknowledges that it is jointly and severally liable for all of the Obligations under the Credit Loan Documents. Subject to Section 10.10(e), each Each Borrower expressly understands, agrees and acknowledges that (i) Borrowers are all affiliated Affiliated entities by common ownership, (ii) each Borrower desires to have the availability of one common credit facility instead of separate credit facilities, (iii) each Borrower has requested that the Lenders Lender extend such a common credit facility on the terms herein provided, (iv) the Lenders Lender will be lending against, and relying on a lien upon, all of the Borrowers’ ' assets even though the proceeds of any particular Loan loan made hereunder may not be advanced directly to a particular Borrower, (v) each Borrower will nonetheless benefit by the making of all such loans by each Lender and the availability of a single credit facility of a size greater than each could independently warrant, and (vi) all of the representations, warranties, covenants, obligations, conditions, agreements and other terms contained in the Credit Loan Documents shall be applicable to and shall be binding upon each Borrower, and (vii) the Borrowers have each executed the Notes as co-makers of the Notes and that it would not be able to obtain the credit provided by the Lenders hereunder without the financial support provided by the other Borrowers.

Acknowledgement of Joint and Several Liability. (a) Each Borrower (other than the Controlled Non-Profits) acknowledges that it is jointly and severally liable for all of the Obligations under the Credit Loan Documents. Subject to Section 10.10(e), each Each Borrower expressly understands, agrees and acknowledges that (i) Borrowers are all affiliated Affiliated entities by common ownership, (ii) each Borrower desires to have the availability of one common credit facility instead of separate credit facilities, (iii) each Borrower has requested that the Lenders Lender extend such a common credit facility on the terms herein provided, (iv) the Lenders Lender will be lending against, and relying on a lien upon, all of the Borrowers’ ' assets that are pledged as Collateral hereunder, even though the proceeds of any particular Loan loan made hereunder may not be advanced directly to a particular Borrower, (v) each Borrower will nonetheless benefit by the making of all such loans by each Lender Xxxxxx and the availability of a single credit facility of a size greater than each could independently warrant, and (vi) all of the representations, warranties, covenants, obligations, conditions, agreements and other terms contained in the Credit Loan Documents shall be applicable to and shall be binding upon each Borrower, and (vii) the Borrowers have each executed the Notes as co-makers of the Notes and that it would not be able to obtain the credit provided by the Lenders hereunder without the financial support provided by the other Borrowers.

Acknowledgement of Joint and Several Liability. (a) Each Borrower (other than of the Controlled Non-Profits) US Borrowers acknowledges that it is jointly and severally liable for all of the Obligations under the Credit Loan Documents. Subject to Section 10.10(e), each Borrower Each of the US Borrowers expressly understands, agrees and acknowledges that (ia) US Borrowers are all affiliated Affiliated entities by common ownership, (iib) each Borrower of the US Borrowers desires to have the availability of one common credit facility instead of separate credit facilities, (iiic) each Borrower of the US Borrowers has requested that the Lenders Lender extend such a common credit facility on the terms herein provided, (ivd) the Lenders will be lending against, and relying on a lien upon, all of the US Borrowers’ ' assets that are pledged as Collateral hereunder, even though the proceeds of any particular Loan loan made hereunder may not be advanced directly to a particular US Borrower, (ve) each Borrower of the US Borrowers will nonetheless benefit by the making of all such loans by each Lender Xxxxxxx and the availability of a single credit facility of a size greater than each could independently warrant, and (vif) all of the representations, warranties, covenants, obligations, conditions, agreements and other terms contained in the Credit Loan Documents shall be applicable to and shall be binding upon each Borrower, and (vii) the Borrowers have each executed the Notes as co-makers of the Notes and that it would not be able to obtain the credit provided by the Lenders hereunder without the financial support provided by the other US Borrowers.

Acknowledgement of Joint and Several Liability. (a) Each Borrower (other than the Controlled Non-Profits) acknowledges that it is jointly and severally liable for all of the Obligations under the Credit Loan Documents. Subject to Section 10.10(e), each Each Borrower expressly understands, agrees and acknowledges that (i) Borrowers are all affiliated entities by common ownership, (ii) each Borrower desires to have the availability of one common credit facility instead of separate credit facilities, (iii) each Borrower has requested that the Lenders Lender extend such a common credit facility on the terms herein provided, (iv) the Lenders Lender will be lending against, and relying on a lien upon, all of the Borrowers’ assets Collateral even though the proceeds of any particular Loan loan made hereunder may not be advanced directly to a particular Borrower, (v) each Borrower will nonetheless benefit by the making of all such loans by each Lender and the availability of a single credit facility of a size greater than each could independently warrant, and (vi) all of the representations, warranties, covenants, obligations, conditions, agreements and other terms contained in the Credit Loan Documents shall be applicable to and shall be binding upon each Borrower, and (vii) the Borrowers have each executed the Notes as co-makers of the Notes and that it would not be able to obtain the credit provided by the Lenders hereunder without the financial support provided by the other Borrowers.

Acknowledgement of Joint and Several Liability. (a) Each Borrower (other than the Controlled Non-Profits) acknowledges that it is jointly and severally liable for all of the Obligations under the Credit Loan Documents. Subject to Section 10.10(e), each Each Borrower expressly understands, agrees and acknowledges that (i) Borrowers are all it is affiliated entities by common ownership, (ii) each Borrower desires to have the availability of one common credit facility instead of separate credit facilities, (iii) each Borrower has requested that the Lenders Lender extend such a common credit facility on the terms herein provided, (iv) the Lenders Lender will be lending against, and relying relaying on a lien upon, all of the Borrowers’ ' assets even though the proceeds of any particular Loan loan made hereunder may not be advanced directly to a particular Borrower, (v) each Borrower will nonetheless benefit by the making of all such loans by each Lender and the availability of a single credit facility of a size greater than each could independently warrant, and (vi) all of the representations, warranties, covenants, obligations, conditions, agreements and other terms contained in the Credit Loan Documents shall be applicable to and shall be binding upon each Borrower, and (vii) the Borrowers have each executed the Notes as co-makers of the Notes and that it would not be able to obtain the credit provided by the Lenders hereunder without the financial support provided by the other Borrowers.

Acknowledgement of Joint and Several Liability. (a) Each US Borrower (other than the Controlled Non-Profits) acknowledges that it is jointly and severally liable for all of the US Obligations under the Credit Loan Documents. Subject to Section 10.10(e), each Each US Borrower expressly understands, agrees and acknowledges that (i) US Borrowers are all affiliated entities by common ownershipAffiliates, (ii) each US Borrower desires to have the availability of one common credit facility instead of separate credit facilities, (iii) each US Borrower has requested that the Agent and the Lenders extend such a common credit facility on the terms herein provided, (iv) the Lenders will be lending against, and relying on a lien Lien upon, all of the US Borrowers’ ' assets even though the proceeds of any particular Loan loan made hereunder may not be advanced directly to a particular US Borrower, (v) each US Borrower will nonetheless benefit by the making of all such loans by each Lender and the availability of a single credit facility of a size greater than each could independently warrant, (vi) all of the representations, warranties, covenants, obligations, conditions, agreements and other terms contained in the Credit Loan Documents to which any US Borrower is a party shall be applicable to and shall be binding upon each US Borrower, and (vii) the US Borrowers have each executed the Notes as co-makers of the Notes and that it would not be able to obtain the credit provided by the Lenders hereunder without the financial support provided by the other US Borrowers.

Acknowledgement of Joint and Several Liability. (a) Each Borrower (other than the Controlled Non-Profits) acknowledges that it is jointly and severally liable for all of the Obligations under the Credit Loan Documents. Subject to Section 10.10(e), each Each Borrower expressly understands, agrees and acknowledges that (i) Borrowers are all affiliated entities by common ownershipvirtue of Derma’s ownership of Sunshine’s stock, (ii) each Borrower desires to have the availability of one common credit facility instead of separate credit facilities, (iii) each Borrower has requested that the Lenders Lender extend such a common credit facility on the terms herein provided, (iv) the Lenders Lender will be lending against, and relying on a lien Lien upon, all of the Borrowers’ each Borrower’s assets even though the proceeds of any particular Loan loan made hereunder may not be advanced directly to a particular Borrower, (v) each Borrower will nonetheless benefit by the making of all such loans by each Lender and the availability of a single credit facility of a size greater than each could independently warrant, and (vi) all of the representations, warranties, covenants, obligations, conditions, agreements and other terms contained in the Credit Loan Documents shall be applicable to and shall be binding upon each Borrower, and (vii) the Borrowers have each executed the Notes as co-makers of the Notes and that it would not be able to obtain the credit provided by the Lenders hereunder without the financial support provided by the other Borrowers.

Acknowledgement of Joint and Several Liability. (a) Each Borrower (other than the Controlled Non-Profits) Credit Party acknowledges that it is jointly and severally liable for all of the Obligations under the Credit Loan Documents. Subject to Section 10.10(e), each Borrower Each Credit Party expressly understands, agrees and acknowledges that (i) Borrowers are all affiliated entities each Borrower is an Affiliated entity by common ownershipownership of each other Borrower, (ii) each Borrower desires to have the availability of one common credit facility instead of separate credit facilities, (iii) each Borrower has requested that the Lenders Lender extend such a common credit facility on the terms herein provided, (iv) the Lenders Lender will be lending against, and relying on a lien upon, all of the Borrowers’ assets even though the proceeds of any particular Loan loan made hereunder may not be advanced directly to a particular Borrower, (v) each Borrower will nonetheless benefit by the making of all such loans by each Lender and the availability of a single credit facility of a size greater than each could independently warrant, and (vi) all of the representations, warranties, covenants, obligations, conditions, agreements and other terms contained in the Credit Loan Documents shall be applicable to and shall be binding upon Borrower. Each Credit Party hereby appoints RMS (in such capacity, "Borrower Agent") to act as agent on behalf of each BorrowerCredit Party and to deliver any statement, and (vii) the Borrowers have each executed the Notes as co-makers notice, authorization or other writing required or permitted hereunder or under any of the Notes Loan Documents. Lender shall be entitled to rely upon any statement, notice, authorization or other writing received from Borrower Agent without investigation and each Credit Party agrees that it would not any such statement, notice, authorization or other writing shall be able to obtain the credit provided by the Lenders hereunder without the financial support provided by the other Borrowersbinding on it.

Acknowledgement of Joint and Several Liability. (a) Each To the extent applicable, each Borrower (other than the Controlled Non-Profits) acknowledges that it is jointly and severally liable for all of the Obligations under the Credit Loan Documents. Subject to Section 10.10(e)To the extent applicable, each Borrower expressly understands, agrees and acknowledges that (i) Borrowers are all affiliated Affiliated entities by common ownership, (ii) each Borrower desires to have the availability of one common credit facility instead of separate credit facilities, (iii) each Borrower has requested that the Lenders Lender extend such a common credit facility on the terms terns herein provided, (iv) the Lenders Lender will be lending against, and relying on a lien upon, all of the Borrowers’ ' assets even though the proceeds of any particular Loan loan made hereunder may not be advanced directly to a particular Borrower, (v) each Borrower will nonetheless benefit by the making of all such loans by each Lender and the availability of a single credit facility of a size greater than each could independently warrant, and (vi) all of the representations, warranties, covenants, obligations, conditions, agreements and other terms contained in the Credit Loan Documents shall be applicable to and shall be binding upon each Borrower, and (vii) the Borrowers have each executed the Notes as co-makers of the Notes and that it would not be able to obtain the credit provided by the Lenders hereunder without the financial support provided by the other Borrowers.

Acknowledgement of Joint and Several Liability. (a) Each Borrower (other than the Controlled Non-Profits) acknowledges that it is jointly and severally liable for all of the Obligations under the Credit Loan Documents. Subject to Section 10.10(e), each Each Borrower expressly understands, agrees and acknowledges that (i) the Borrowers are all affiliated entities by common ownership, (ii) each Borrower desires to have the availability of one common credit facility instead of separate credit facilities, (iii) each Borrower has requested that the Lenders extend such a common credit facility on the terms herein provided, (iv) the Lenders will be lending against, and relying on a lien upon, all of the Borrowers’ each Borrower’s assets even though the proceeds of any particular Loan loan made hereunder may not be advanced directly to a particular Borrower, (v) each Borrower will nonetheless benefit by the making of all such loans by each Lender and the availability of a single credit facility of a size greater than each could independently warrant, (vi) all of the representations, warranties, covenants, obligations, conditions, agreements and other terms contained in the Credit Loan Documents shall be applicable to and shall be binding upon each BorrowerBorrower (provided that no Borrower is deemed, by this statement, to have made any representation, warranty or covenant that is intended, by its terms to apply specifically to another Borrower or to the extent that such representation or warranty expressly relates to an earlier date), and (vii) the Borrowers have each executed the Notes as co-makers of the Notes and that it would not be able to obtain the credit provided by the Lenders hereunder without the financial support provided by the other Borrowers.

Acknowledgement of Joint and Several Liability. (a) Each Borrower (other than the Controlled Non-Profits) acknowledges that it is jointly and severally liable for all of the Obligations under the Credit Loan Documents. Subject to Section 10.10(e), each Each Borrower expressly understands, agrees and acknowledges that (i) Borrowers are all entities affiliated entities by common ownership, (ii) each Borrower desires to have the availability of one common credit facility instead of separate credit facilities, (iii) each Borrower has requested that the Lenders Lender extend such a common credit facility on the terms herein provided, (iv) the Lenders Lender will be lending against, and relying on a lien upon, all of the Borrowers’ ' assets even though the proceeds of any particular Loan loan made hereunder may not be advanced directly to a particular Borrower, (v) each Borrower will nonetheless benefit by the making of all such loans by each Lender and the availability of a single credit facility of a size greater than each could independently warrant, and (vi) all of the representations, warranties, covenants, obligations, conditions, agreements and other terms contained in the Credit Loan Documents shall be applicable to and shall be binding upon each Borrower. Each Borrower hereby appoints PHC (in such capacity, "Borrower Agent") to act as agent on behalf of each Borrower and (vii) the Borrowers have each executed the Notes as co-makers to deliver any statement, notice, authorization or other writing required or permitted hereunder or under any of the Notes Loan Documents. Lender shall be entitled to rely upon any statement, notice, authorization or other writing received from Borrower Agent without investigation and each Borrower agrees that it would not any such statement, notice, authorization or other writing shall be able to obtain the credit provided by the Lenders hereunder without the financial support provided by the other Borrowersbinding on it.

Acknowledgement of Joint and Several Liability. (a) Each Borrower (other than the Controlled Non-Profits) acknowledges that it is jointly and severally liable for all of the Obligations under the Credit Loan Documents. Subject to Section 10.10(e), each Each Borrower expressly understands, agrees and acknowledges that (i) Borrowers are all affiliated Affiliated entities by common ownership, (ii) each Borrower desires to have the availability of one common credit facility instead of separate credit facilities, (iii) each Borrower has requested that the Lenders Lender extend such a common credit facility on the terms herein provided, (iv) the Lenders Lender will be lending against, and relying on a lien upon, all of the Borrowers’ assets Collateral even though the proceeds of any particular Loan loan made hereunder may not be advanced directly to a particular Borrower, (v) each Borrower will nonetheless benefit by the making of all such loans by each Lender and the availability of a single credit facility of a size greater than each could independently warrant, and (vi) all of the representations, warranties, covenants, obligations, conditions, agreements and other terms contained in the Credit Loan Documents shall be applicable to and shall be binding upon each Borrower, and (vii) the Borrowers have each executed the Notes as co-makers of the Notes and that it would not be able to obtain the credit provided by the Lenders hereunder without the financial support provided by the other Borrowers.

Acknowledgement of Joint and Several Liability. (a) Each Borrower (other than the Controlled Non-Profits) acknowledges that it is jointly and severally liable for all of the Obligations under the Credit Documents. Subject to Section 10.10(e), each Each Borrower expressly understands, agrees and acknowledges that (i) Borrowers are all affiliated entities by common ownership, (ii) each Borrower desires to have the availability of one common credit facility instead of separate credit facilities, (iii) each Borrower has requested that the Lenders extend such a common credit facility on the terms herein provided, (iv) the Lenders will be lending against, and relying on a lien upon, all of the Borrowers’ assets even though the proceeds of any particular Loan loan made hereunder may not be advanced directly to a particular Borrower, (v) each Borrower will nonetheless benefit by the making of all such loans by each Lender and the availability of a single credit facility of a size greater than each could independently warrant, (vi) all of the representations, warranties, covenants, obligations, conditions, agreements and other terms contained in the Credit Documents shall be applicable to and shall be binding upon each Borrower, and (vii) the Borrowers have each executed the Notes as co-makers of the Notes and that it would not be able to obtain the credit provided by the Lenders hereunder without the financial support provided by the other Borrowers.

Acknowledgement of Joint and Several Liability. (a) Each Borrower (other than the Controlled Non-Profits) acknowledges that it is jointly and severally liable for all of the Obligations under the Credit Loan Documents. Subject to Section 10.10(e), each Each Borrower expressly understands, agrees and acknowledges that (i) the Borrowers are all affiliated entities by common ownership, (ii) each Borrower desires to have the availability of one common credit facility instead of separate credit facilities, (iii) each Borrower has requested that the Lenders extend such a common credit facility on the terms herein provided, (iv) the Lenders will be lending against, and relying on a lien upon, all of the Borrowers’ each Borrower’s assets even though the proceeds of any particular Loan loan made hereunder may not be advanced directly to a particular Borrower, (v) each Borrower will nonetheless benefit by the making of all such loans by each Lender and the availability of a single credit facility of a size greater than each could independently warrant, (vi) all of the representations, warranties, covenants, obligations, conditions, agreements and other terms contained in the Credit Loan Documents shall be applicable to and shall be binding upon each BorrowerBorrower (provided that no Borrower is deemed, by this statement, to have made any representation, warranty or covenant that is intended, by its terms to apply specifically to another Borrower or to the extent that such representation or warranty expressly relates to an earlier date), and (vii) the Borrowers have each executed the Notes any Note as co-makers of the Notes such Note and that it would not be able to obtain the credit provided by the Lenders hereunder without the financial support provided by the other Borrowers.

Acknowledgement of Joint and Several Liability. (a) Each Borrower (other than the Controlled Non-Profits) acknowledges that it is all Borrowers are jointly and severally liable for all of the Obligations under the Credit Loan Documents. Subject to Section 10.10(e), each Each Borrower expressly (i) understands, agrees and acknowledges that (i) Borrowers are all affiliated entities by common ownership, (ii) each Borrower desires agrees to have the availability of one common credit facility loans instead of separate credit facilitiesloans, (iii) each Borrower has requested understands, agrees and acknowledges that the Lenders hereby will extend such a common credit facility loans on the terms herein provided, (iv) the understands, agrees and acknowledges that Lenders will be lending against, and relying on a lien upon, all of the Borrowers’ ' assets even though the proceeds of any particular Loan the Loans made hereunder may not be advanced directly to a particular Borrower, (v) understands, agrees and acknowledges that each Borrower will nonetheless benefit by the making of all such loans the Loans hereunder by each Lender Lenders and the availability of a single credit facility loans of a size greater than each could independently warrant, (vi) understands, agrees and acknowledges that all of the representations, warranties, covenants, obligations, conditions, agreements and other terms contained in the Credit Loan Documents shall be applicable to and shall be binding upon each BorrowerBorrower as set forth in the Loan Documents, and (vii) understands, agrees and acknowledges that the Borrowers have each executed the Notes as co-makers of the Notes and that it would not be able to obtain the credit provided by the Lenders hereunder without the financial support provided by the other Borrowers.