Borrowers’ Obligations Joint and Several. (a) Each of the Borrowers is accepting joint and several liability hereunder in consideration of the financial accommodation to be provided by the Lenders under this Credit Agreement, for the mutual benefit, directly and indirectly, of each of the Borrowers and in consideration of the undertakings of each of the Borrowers to accept joint and several liability for the obligations of each of them.
Borrowers’ Obligations Joint and Several. The Borrowers (including any Additional Borrowers designated hereunder) shall have joint and several liability in respect of all Obligations hereunder and under any other Loan Document to which any Borrower is a party, without regard to any defense, setoff or counterclaim which may at any time be available to or be asserted by any other Credit Party against the Lenders, or by any circumstance whatsoever (with or without notice to or knowledge of the Borrowers) which constitutes, or might be construed to constitute, an equitable or legal discharge of any other Borrower’s liability hereunder, in bankruptcy or in any other instance, other than payment in full in cash of the Obligations (other than contingent indemnification obligations and unasserted expense reimbursement obligations) and termination of the Commitments, and the Obligations of the Borrowers hereunder shall not be conditioned or contingent upon the pursuit by the Lenders or any other Person at any time of any right or remedy against any Borrower or against any other Person which may be or become liable in respect of all or any part of the Obligations or against any Collateral therefor or Guarantee thereof or right of offset with respect thereto. Each Borrower hereby acknowledges that this Agreement is the joint and several obligation of each Borrower and may be enforced against each Borrower separately, whether or not enforcement of any right or remedy hereunder has been sought against any other Borrower.
Borrowers’ Obligations Joint and Several. Each Borrower shall be jointly and severally liable for the Obligations arising in connection with Revolving Loans made to it and the Obligations arising in connection with Revolving Loans made to the other Borrower; PROVIDED, HOWEVER, that if it is at any time determined that any Borrower is liable as guarantor (and not as co-obligor or co-borrower) with respect to such Obligations arising in connection with Revolving Loans made to another Borrower (the "Guaranteed Obligations"), each Borrower hereby agrees to the terms set forth on Exhibit 8.17 hereto with respect to the Guaranteed Obligations.
Borrowers’ Obligations Joint and Several. SCHEDULES Schedule 1.1A Pre-Closing Financial Information Schedule 1.1B Existing Letters of Credit Schedule 1.1C Investments Schedule 1.1D Existing Liens Schedule 2.1(a) Lenders, Committed Amounts and Commitment Percentages Schedule 2.1(b)(i) Form of Notice of Borrowing Schedule 2.1(e) Form of Revolving Note Schedule 2.3(e) Form of Swingline Note Schedule 3.2 Form of Notice of Extension/Conversion Schedule 5.1(e) Form of Opinion Schedule 6.2(a) General Disclosure Schedule Schedule 6.4 Required Consents, Authorizations, Notices and Filings Schedule 6.6 Litigation Schedule 6.9 Intellectual Property Schedule 6.11 Taxes Schedule 6.14 Subsidiaries Schedule 6.16 Phase I Environmental Site Assessments Schedule 7.1(c) Form of Officer's Compliance Certificate Schedule 7.12 Form of Joinder Agreement Schedule 8.1 Existing Indebtedness Schedule 11.3(b) Form of Assignment and Acceptance CREDIT AGREEMENT THIS CREDIT AGREEMENT (the "Credit Agreement") is entered into as of May 28, 1999 among SPEEDWAY MOTORSPORTS, INC., a Delaware corporation ("Speedway Motorsports"), SPEEDWAY FUNDING CORP., a Delaware corporation ("Speedway Funding") (each a "Borrower", and collectively the "Borrowers"), certain subsidiaries and related parties identified on the signature pages hereto and such other subsidiaries and related parties as may from time to time become a party hereto (the "Guarantors"), the several lenders identified on the signature page hereto and such other lenders as may from time to time become a party hereto (the "Lenders"), NATIONSBANK, N.A., as Administrative Agent for the Lenders (in such capacity, the "Administrative Agent"), FIRST UNION NATIONAL BANK, as Syndication Agent (in such capacity, the "Syndication Agent"), CREDIT LYONNAIS ATLANTA AGENCY, as Documentation Agent (in such capacity, the "Documentation Agent"), and BANC OF AMERICA SECURITIES LLC, as Lead Arranger and Book Manager for the Lenders, and FIRST SECURITY BANK OF NEVADA, FLEET NATIONAL BANK, SOUTHTRUST BANK, N.A. and SUNTRUST BANK, ATLANTA, as co-agents.
Borrowers’ Obligations Joint and Several. The Borrowers’ obligations under the Finance Documents are joint and several.
Borrowers’ Obligations Joint and Several. Each and every of the payment obligations of the Borrowers under this Agreement and the other Loan Documents (including each of the Obligations) shall be joint and several.
Borrowers’ Obligations Joint and Several. The Borrowers' obligations under this Article 3 shall be joint and several and shall survive the repayment of the Loans and the termination of the Commitments.
