Common use of Cross-Liability Clause in Contracts

Cross-Liability. 16.1 The Borrower(s) and/ or the Co-Borrower(s) agree and confirm that VWFPL may at its absolute discretion appropriate any payments made by the Borrower(s) and/ or the Co-Borrower(s) under or pursuant to this Agreement towards any other agreement or transaction entered into by the Borrower(s) and/or the Co-Borrower(s) and/or towards any other indebtedness and such appropriation shall be final and binding upon the Borrower(s) and/or the Co-Borrower(s) who shall continue to so remain liable to the VWFPL for payment of dues under this Agreement in respect of which such sums of money were so paid but were appropriated towards another Agreement or transaction entered into by the Borrower(s) and/or the Co- Borrower(s) or towards another indebtedness. 16.2 In addition, notwithstanding the repayment of the Loan balance, the Borrower(s) and/or the Co-Borrower(s) hereby expressly and irrevocably authorize VWFPL to take possession of / sell / transfer or otherwise dispose of any and all security created in favour of VWFPL under this Agreement or any other agreement entered into and between the Borrower(s) and/or the Co- Borrower(s) VWFPL or any other security documents or deposit with VWFPL or under the possession or control of VWFPL and appropriate the same towards satisfaction of amounts due to VWFPL on account of another Agreement or transaction entered into by the Borrower(s) and/or the Co- Borrower(s) or on account of the indebtedness of the Borrower(s) and/or the Co-Borrower(s). The provisions of this Agreement and any security document executed pursuant to this Agreement shall apply mutatis mutandis to the manner of disposal of security and appropriation under this Article. 16.3 It is clarified that the right of set-off and cross-liability can be used for adjusting the amount of one of the Borrower(s) or Co-Borrower(s) against any other.

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement

AutoNDA by SimpleDocs

Cross-Liability. 16.1 (a) The Borrower(s) and/ or Borrower hereby agrees, declares and confirms that the Co-Borrower(s) agree and confirm that VWFPL Lender may at its absolute discretion discretion, appropriate any payments made by the Borrower(s) and/ or the Co-Borrower(s) Borrower under or pursuant to this Agreement and/or net proceeds of the sale/enforcement of the Security towards payment due under any other agreement or transaction entered into by Financial Indebtedness of the Borrower(s) and/or the Co-Borrower(s) and/or towards any other indebtedness Borrowers and its affiliated and such appropriation shall be final and binding upon the Borrower(s) and/or the Co-Borrower(s) Borrower, who shall continue to so remain liable indebted to the VWFPL Lender for payment of dues under this Agreement in respect of which such sums of money were so paid but were appropriated towards another Financial Indebtedness. (b) The Borrower further agrees that the Security created pursuant to this Agreement or transaction entered into shall also be the security for (i) all other monies that may be due and payable by the Borrower(sBorrower to the Lender, on any account whatsoever, whether present or future, including any liability of the Borrower as a surety or co-obligator either singly or along with any other person; (ii) Facility granted/ continued by the group companies/associate/affiliates of the Lender to the Borrower and/or the Co- Borrower(s) or towards another indebtednessits affiliates as declared from time to time. 16.2 In addition(c) Any security(ies) furnished by the Borrower or the guarantor, notwithstanding the repayment of the Loan balance, the Borrower(s) and/or the Co-Borrower(s) hereby expressly and irrevocably authorize VWFPL to take possession of / sell / transfer or otherwise dispose of any and all security created in favour of VWFPL under this Agreement or any other agreement entered into or to be entered into with the Lender, shall be deemed to be the security(ies) under this Agreement and between shall not be discharged till such time all the Borrower(sloan(s)/ facility(ies) and/or are fully discharged to the Co- Borrower(ssatisfaction of the Bank. The Borrower expressly agrees and accepts that in the event of any default being committed by the Borrower under any other agreement with the Lender, under which the Borrower is enjoying financial/ credit facility, such event, shall be considered as an event of default occurred under this Agreement and the Lender, shall be absolutely entitled to exercise all or any of its rights under this Agreement including right to set off in respect of any amount standing to the credit of the Borrower or the guarantor in any/all of the loan/ facility(ies) VWFPL availed/to be availed from the Bank. (d) The charge/Security created by the Borrower under this Agreement shall continue and remain in full force till such time all other dues under this Agreement and in respect of all other loans/facilities obtained/to be obtained by the Borrower and its affiliates from the Lender, and the subsidiaries, affiliates/associate entities of the Lender are fully discharged and Lender/ subsidiaries/affiliates/ associate entities issue a certificate of discharge. The Security created under this Agreement and the liability of the Borrower shall not be affected, impaired or discharged by winding up (voluntary or otherwise) or by any change in name, merger or amalgamation, reconstruction, takeover of the management, dissolution or nationalization (as the case may be) of the Borrower. The Borrower covenants that the security provided by the Borrower shall remain valid for the balance dues of Lender, or any other security documents or deposit with VWFPL or under the possession or control of VWFPL and appropriate the same towards satisfaction of amounts due to VWFPL on account of another Agreement or transaction entered into financial benefits obtained by the Borrower(s) and/or the Co- Borrower(s) or on account Borrower from any of the indebtedness of the Borrower(s) and/or the Co-Borrower(s)group companies. The provisions of this Agreement and any security document executed pursuant to this Agreement shall apply mutatis mutandis to the manner of disposal of security and appropriation under this Article. 16.3 It is clarified that the right of set-off and cross-liability can be used for adjusting the amount of one of the Borrower(s) or Co-Borrower(s) against any other.Version December 2021

Appears in 1 contract

Samples: Loan Agreement

Cross-Liability. 16.1 (a) The Borrower(s) Borrower/s and/ or the Co-Borrower(s) Borrower/s agree and confirm that VWFPL LENDER may at its absolute discretion appropriate any payments made by the Borrower(s) Borrower/s and/ or the Co-Borrower(s) Borrower/ s under or pursuant to this Agreement towards any other agreement Agreement or transaction entered into by the Borrower(s) Borrower/s and/or the Co-Borrower(s) Borrower/s and/or and towards any other indebtedness Indebtedness and such appropriation shall be final and binding upon the Borrower(s) Borrower/s and/or the Co-Borrower(s) Borrower/s who shall continue to so remain liable to the VWFPL LENDER for payment of dues under this Agreement in respect of which such sums of money were so paid but were appropriated towards another Agreement or transaction entered into by the Borrower(s) Borrower/s and/or the Co- Borrower(s) Co-Borrower/s or towards another indebtednessIndebtedness. 16.2 (b) In addition, notwithstanding the repayment of the Loan balanceBalance, the Borrower(s) Borrower/s and/or the Co-Borrower(s) Borrower/s hereby expressly and irrevocably authorize VWFPL LENDER to take possession of / sell / transfer or otherwise dispose of any and all security created in favour of VWFPL the LENDER under this Agreement or any other agreement entered into and between the Borrower(s) Borrower/s and/or the Co- Borrower(s) VWFPL Co-Borrower/s and any of the associate/affiliate or group company of LENDER or any other security documents or deposit deposited with VWFPL LENDER or under the possession or control of VWFPL LENDER and appropriate the same towards satisfaction of amounts due to VWFPL LENDER on account of another Agreement or transaction entered into by the Borrower(s) Borrower/s and/or the Co- Borrower(s) Borrower/s or on account of the indebtedness of the Borrower(s) Borrower/s and/or the Co-Borrower(s). Borrower/s. The provisions of this Agreement and any security document executed pursuant to this Agreement shall apply mutatis mutandis to the manner of disposal of security and appropriation under this Article. 16.3 It is clarified that the right of set-off and cross-liability can be used for adjusting the amount of one of the Borrower(s) or Co-Borrower(s) against any other.

Appears in 1 contract

Samples: Retail Loan Agreement

Cross-Liability. 16.1 (a) The Borrower(s) Borrower/s and/ or the Co-Borrower(s) Borrower/s agree and confirm that VWFPL LENDER may at its absolute discretion appropriate any payments made by the Borrower(s) Borrower/s and/ or the Co-Borrower(s) Borrower/ s under or pursuant to this Agreement towards any other agreement Agreement or transaction entered into by the Borrower(s) Borrower/s and/or the Co-Borrower(s) Borrower/s and/or and towards any other indebtedness Indebtedness and such appropriation shall be final and binding upon the Borrower(s) Borrower/s and/or the Co-Borrower(s) Borrower/s who shall continue to so remain liable to the VWFPL LENDER for payment of dues under this Agreement in respect of which such sums of money were so paid but were appropriated towards another Agreement or transaction entered into by the Borrower(s) Borrower/s and/or the Co- Borrower(s) Co-Borrower/s or towards another indebtednessIndebtedness. 16.2 (b) In addition, notwithstanding the repayment of the Loan balanceBalance, the Borrower(s) Borrower/s and/or the Co-Borrower(s) Borrower/s hereby expressly and irrevocably authorize VWFPL LENDER to take possession of / sell / transfer or otherwise dispose of any and all security created in favour of VWFPL the LENDER under this Agreement or any other agreement entered into and between the Borrower(s) Borrower/s and/or the Co- Borrower(s) VWFPL Co-Borrower/s and any of the associate/affiliate or group company of LENDER or any other security documents or deposit deposited with VWFPL LENDER or under the possession or control of VWFPL LENDER and appropriate the same towards satisfaction of amounts due to VWFPL LENDER on account of another Agreement or transaction entered into by the Borrower(s) Borrower/s and/or the Co- Borrower(s) Borrower/s or on account of the indebtedness of the Borrower(s) Borrower/s and/or the Co-Borrower(s). Borrower/s. The provisions of this Agreement and any security document executed pursuant to this Agreement shall apply mutatis mutandis to the manner of disposal of security and appropriation under this Article. 16.3 It is clarified that the right of set-off and cross-liability can be used for adjusting the amount of one of the Borrower(s) or Co-Borrower(s) against any other.and

Appears in 1 contract

Samples: Loan Agreement

AutoNDA by SimpleDocs

Cross-Liability. 16.1 (a) The Borrower(s) and/ or Borrower hereby agrees, declares and confirms that the Co-Borrower(s) agree and confirm that VWFPL Lender may at its absolute discretion discretion, appropriate any payments made by the Borrower(s) and/ or the Co-Borrower(s) Borrower under or pursuant to this Agreement and/or net proceeds of the sale/enforcement of the Security towards payment due under any other agreement or transaction entered into by Financial Indebtedness of the Borrower(s) and/or the Co-Borrower(s) and/or towards any other indebtedness Borrowers and its affiliated and such appropriation shall be final and binding upon the Borrower(s) and/or the Co-Borrower(s) Borrower, who shall continue to so remain liable indebted to the VWFPL Lender for payment of dues under this Agreement in respect of which such sums of money were so paid but were appropriated towards another Financial Indebtedness. (b) The Borrower further agrees that the Security created pursuant to this Agreement or transaction entered into shall also be the security for (i) all other monies that may be due and payable by the Borrower(sBorrower to the Lender, on any account whatsoever, whether present or future, including any liability of the Borrower as a surety or co-obligator either singly or along with any other person; (ii) Facility granted/ continued by the group companies/associate/affiliates of the Lender to the Borrower and/or the Co- Borrower(s) or towards another indebtednessits affiliates as declared from time to time. 16.2 In addition(c) Any security(ies) furnished by the Borrower or the guarantor, notwithstanding the repayment of the Loan balance, the Borrower(s) and/or the Co-Borrower(s) hereby expressly and irrevocably authorize VWFPL to take possession of / sell / transfer or otherwise dispose of any and all security created in favour of VWFPL under this Agreement or any other agreement entered into or to be entered into with the Lender, shall be deemed to be the security(ies) under this Agreement and between shall not be discharged till such time all the Borrower(sloan(s)/ facility(ies) and/or are fully discharged to the Co- Borrower(ssatisfaction of the Bank. The Borrower expressly agrees and accepts that in the event of any default being committed by the Borrower under any other agreement with the Lender, under which the Borrower is enjoying financial/ credit facility, such event, shall be considered as an event of default occurred under this Agreement and the Lender, shall be absolutely entitled to exercise all or any of its rights under this Agreement including right to set off in respect of any amount standing to the credit of the Borrower or the guarantor in any/all of the loan/ facility(ies) VWFPL availed/to be availed from the Bank. (d) The charge/Security created by the Borrower under this Agreement shall continue and remain in full force till such time all other dues under this Agreement and in respect of all other loans/facilities obtained/to be obtained by the Borrower and its affiliates from the Lender, and the subsidiaries, affiliates/associate entities of the Lender are fully discharged and Lender/ subsidiaries/affiliates/ associate entities issue a certificate of discharge. The Security created under this Agreement and the liability of the Borrower shall not be affected, impaired or discharged by winding up (voluntary or otherwise) or by any change in name, merger or amalgamation, reconstruction, takeover of the management, dissolution or nationalization (as the case may be) of the Borrower. The Borrower covenants that the security provided by the Borrower shall remain valid for the balance dues of Lender, or any other security documents or deposit with VWFPL or under the possession or control of VWFPL and appropriate the same towards satisfaction of amounts due to VWFPL on account of another Agreement or transaction entered into financial benefits obtained by the Borrower(s) and/or the Co- Borrower(s) or on account Borrower from any of the indebtedness of the Borrower(s) and/or the Co-Borrower(s). The provisions of this Agreement and any security document executed pursuant to this Agreement shall apply mutatis mutandis to the manner of disposal of security and appropriation under this Articlegroup companies. 16.3 It is clarified that the right of set-off and cross-liability can be used for adjusting the amount of one of the Borrower(s) or Co-Borrower(s) against any other.

Appears in 1 contract

Samples: Loan Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!