Common use of Bifurcation Clause in Contracts

Bifurcation. For the avoidance of doubt, each of the Borrowers and each of the Lenders acknowledges and agrees that, notwithstanding anything to the contrary in this Agreement or any of the other Loan Documents, the obligations of the Foreign Borrowers under this Agreement or any of the other Loan Documents shall be several and separate and distinct from the obligations of the Company and the other Foreign Borrowers, and shall be expressly limited to the obligations of such Foreign Borrower. In furtherance of the foregoing, each of the parties acknowledges and agrees that the liability of any Foreign Borrower for the payment and performance of its covenants, representations and warranties set forth in this Agreement and the other Loan Documents shall be several from but not joint with the obligations of the Company and the other Foreign Borrowers (provided that, for the avoidance of doubt, the Company shall be jointly and severally liable for the obligations of the Foreign Borrowers). For the avoidance of doubt, the obligations of the Foreign Borrowers under the Loan Documents are several, and each Foreign Borrower is exclusively liable for its own obligations under the Loan Documents.