Common use of BORROWERS BANKRUPTCY Clause in Contracts

BORROWERS BANKRUPTCY. Each Borrower expressly agrees that its liability and obligations under the Note and this Agreement shall not in any way be affected by the institution by or against the other Borrower or any other person or entity of any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or any other similar proceedings for relief under any bankruptcy law or similar law for the relief of debtors, or any action taken or not taken by Lender in connection therewith, and that any discharge of either Borrower's joint and several liability pursuant to any such bankruptcy or similar law or other laws shall not discharge or otherwise affect in any way the obligations of the other Borrower under the Note and this Agreement, and that upon or at any time after the institution of any of the above actions, at Lender's sole discretion, the Borrowers' joint and several obligations shall be enforceable against either Borrower that is not itself the subject of such proceedings. Each Borrower expressly waives any right to argue that Lender's enforcement of any remedies against that Borrower is stayed by reason of the pendency of any such proceedings against the other Borrower.

Appears in 3 contracts

Samples: Master Loan Agreement (PDS Financial Corp), Master Loan Agreement (PDS Financial Corp), Master Loan Agreement (PDS Financial Corp)

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BORROWERS BANKRUPTCY. Each Borrower expressly agrees that its liability and obligations under the Note Notes and this Agreement shall not in any way be affected by the institution by or against the any other Borrower or any other person or entity of any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or any other similar proceedings for relief under any bankruptcy law or similar law for the relief of debtors, or any action taken or not taken by Lender the Bank in connection therewith, and that any discharge of either any Borrower's ’s joint and several liability pursuant to any such bankruptcy or similar law or other laws shall not discharge or otherwise affect in any way the obligations of the any other Borrower under the Note Notes and this Agreement, and that upon or at any time after the institution of any of the above actions, at Lender's the Bank’s sole discretion, the Borrowers' joint and several obligations shall be enforceable against either any Borrower that is not itself the subject of such proceedings. Each Borrower expressly waives any right to argue that Lender's the Bank’s enforcement of any remedies against that Borrower is stayed by reason of the pendency of any such proceedings against the any other Borrower.

Appears in 1 contract

Samples: Credit Agreement (MGC DIAGNOSTICS Corp)

BORROWERS BANKRUPTCY. Each Borrower expressly agrees that its liability and obligations under the Note and this Agreement shall not in any way be affected by the institution by or against the other Borrower or any other person or entity of any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or any other similar proceedings for relief under any bankruptcy law or similar law for the relief of debtors, or any action taken or not taken by Lead Lender in connection therewith, and that any discharge of either any Borrower's joint and several liability pursuant to any such bankruptcy or similar law or other laws shall not discharge or otherwise affect in any way the obligations of the any other Borrower under the Note and this Agreement, and that upon or at any time after the institution of any of the above actions, at Lead Lender's sole discretion, the Borrowers' joint and several obligations shall be enforceable against either any Borrower that is not itself the subject of such proceedings. Each Borrower expressly waives any right to argue that Lead Lender's enforcement of any remedies against that Borrower is stayed by reason of the pendency of any such proceedings against the any other Borrower.

Appears in 1 contract

Samples: Agreement (PDS Gaming Corp)

BORROWERS BANKRUPTCY. Each Borrower expressly agrees that its liability and obligations under the Note and this Agreement shall not in any way be affected by the institution by or against the other Borrower or any other person or entity of any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or any other similar proceedings for relief under any bankruptcy law or similar law for the relief of debtors, or any action taken or not taken by Lender in connection therewith, and that any discharge of either Borrower's joint and several liability pursuant to any such bankruptcy or similar law or other laws shall not discharge or otherwise affect in any way the obligations of the other Borrower under the Note and this Agreement, and that upon or at any time after the institution of any of the above actions, at Lender's sole discretion, the Borrowers' joint and several obligations shall be enforceable against either Borrower that is not itself the subject of such proceedings. Each Borrower expressly waives any right to argue that Lender's enforcement of any remedies against that Borrower is stayed by reason of the pendency of any such proceedings against the other Borrower.. i.

Appears in 1 contract

Samples: Master Loan Agreement (PDS Financial Corp)

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BORROWERS BANKRUPTCY. Each Borrower expressly agrees that its liability and obligations under the Note and this Agreement shall not in any way be affected by the institution by or against the other Borrower or any other person or entity of any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or any other similar proceedings for relief under any bankruptcy law or similar law for the relief of debtors, or any action taken or not taken by Lead Lender in connection therewith, and that any discharge of either any Borrower's ’s joint and several liability pursuant to any such bankruptcy or similar law or other laws shall not discharge or otherwise affect in any way the obligations of the any other Borrower under the Note and this Agreement, and that upon or at any time after the institution of any of the above actions, at Lead Lender's ’s sole discretion, the Borrowers' joint and several obligations shall be enforceable against either any Borrower that is not itself the subject of such proceedings. Each Borrower expressly waives any right to argue that Lead Lender's ’s enforcement of any remedies against that Borrower is stayed by reason of the pendency of any such proceedings against the any other Borrower.

Appears in 1 contract

Samples: Master Loan Agreement (PDS Gaming Corp)

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