Joint and Several Liability; Counterparts Sample Clauses

Joint and Several Liability; Counterparts. If the Guaranty is executed by two or more persons, then the obligation of each person executing this Guaranty shall be joint and several. This Guaranty may be executed in two or more counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument, and in making proof of this Guaranty, it shall not be necessary to produce or account for more than one such counterpart.
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Joint and Several Liability; Counterparts. This Agreement shall be governed by the laws of the State of New Jersey (without reference to its conflict of laws principles). This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. NL and NL EMS acknowledge and agree that they have executed this Agreement jointly and severally and that the term "NL Companies" refers to each individually and to them collectively and as such jointly and severally. This Agreement may be executed in separate counterpart signature pages.
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Joint and Several Liability; Counterparts. The obligations of each Person comprising Mortgagor shall be joint and several. This Mortgage may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which shall constitute one and the same document. MORTGAGE, ASSIGNMENT OF LEASES AND RENTS AND SECURITY AGREEMENT 096780 000064 DALLAS 2814275.4 Loan No. 374-0366 Florida IN WITNESS WHEREOF, Mortgagor has executed this Mortgage as of the date first above written. EXECUTED IN THE PRESENCE OF: ____________________________ (Signature) ___________________________ (Printed Name) ___________________________ (Signature) ___________________________ (Printed Name) MORTGAGOR: IIT XXXXXX XXXX INDUSTRIAL LLC, a Delaware limited liability company By: IIT Regional Industrial Portfolio Holdco LLC, a Delaware limited liability company, its sole member By: IIT Real Estate Holdco LLC, a Delaware limited liability company, its sole member By: Industrial Income Operating Partnership LP, a Delaware limited partnership, its sole member By: Industrial Income Trust Inc., a Maryland corporation, its general partner By: /s/ Xxxxxx X. XxXxxxxxx Name: Xxxxxx X. XxXxxxxxx Title: Chief Financial Officer Post Office Address: c/o Dividend Capital 000 00xx Xxxxxx, Xxxxx 0000 Xxxxxx, Xxxxxxxx 00000 Attn: Xxxxxx Xxxxxxx and General Counsel MORTGAGE, ASSIGNMENT OF LEASES AND RENTS AND SECURITY AGREEMENT – SIGNATURE PAGE 096780 000064 DALLAS Loan Xx. 000-0000 Xxxxxxx XXX XXXXX XX XXXXXXXX § § XXXXXX OF DENVER § The foregoing instrument was acknowledged before me this 13 day of December, 2011, by Xxxxxx X. XxXxxxxxx, as Chief Financial Officer of Industrial Income Trust Inc., a Maryland corporation, general partner of Industrial Income Operating Partnership LP, a Delaware limited partnership, sole member of IIT Real Estate Holdco LLC, a Delaware limited liability company, sole member of IIT Regional Industrial Portfolio Holdco LLC, a Delaware limited liability company, sole member of IIT XXXXXX XXXX INDUSTRIAL LLC, a Delaware limited liability company, on behalf of the limited liability company, who is personally known to me or has produced (state) driver’s license or as identification. My Commission Expires: 01/03/2012 /s/ Xxxxxxx Xxxxxx Notary Public (Signature) (AFFIX NOTARY SEAL) /s/ Xxxxxxx Xxxxxx (Printed Name) MORTGAGE, ASSIGNMENT OF LEASES AND RENTS AND SECURITY AGREEMENT – SIGNATURE PAGE 096780 000064 DALLAS Loan No. 374-0366 Florida EXHIBIT A Xxxxxx Xxxx: All of the following land locate...
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Joint and Several Liability; Counterparts. If more than one party signs this Lease as Tenant, they shall be jointly and severally liable for all obligations of Tenant. This Lease may be executed in multiple counterparts, each of which shall be deemed an original and all of which together shall constitute a single agreement.
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Joint and Several Liability; Counterparts. If this Agreement is executed by more than one party as Borrower, then all of the Obligations shall be the joint and several obligations and liabilities of all such parties so executing as Borrower. This Agreement may be executed in counterparts.
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Related to Joint and Several Liability; Counterparts

  • Joint and Several Liability Each Borrower agrees that it is jointly and severally liable for, and absolutely and unconditionally guarantees to Agent and Lenders the prompt payment and performance of, all Obligations and all agreements under the Loan Documents. Each Borrower agrees that its guaranty obligations hereunder constitute a continuing guaranty of payment and not of collection, that such obligations shall not be discharged until Full Payment of the Obligations, and that such obligations are absolute and unconditional, irrespective of (a) the genuineness, validity, regularity, enforceability, subordination or any future modification of, or change in, any Obligations or Loan Document, or any other document, instrument or agreement to which any Obligor is or may become a party or be bound; (b) the absence of any action to enforce this Agreement (including this Section) or any other Loan Document, or any waiver, consent or indulgence of any kind by Agent or any Lender with respect thereto; (c) the existence, value or condition of, or failure to perfect a Lien or to preserve rights against, any security or guaranty for the Obligations or any action, or the absence of any action, by Agent or any Lender in respect thereof (including the release of any security or guaranty); (d) the insolvency of any Obligor; (e) any election by Agent or any Lender in an Insolvency Proceeding for the application of Section 1111(b)(2) of the Bankruptcy Code; (f) any borrowing or grant of a Lien by any other Borrower, as debtor-in-possession under Section 364 of the Bankruptcy Code or otherwise; (g) the disallowance of any claims of Agent or any Lender against any Obligor for the repayment of any Obligations under Section 502 of the Bankruptcy Code or otherwise; or (h) any other action or circumstances that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, except Full Payment of all Obligations.

  • Joint and Several Liability of Borrowers (a) Each Borrower is accepting joint and several liability hereunder and under the other Loan Documents in consideration of the financial accommodations to be provided by the Lender Group under this Agreement, for the mutual benefit, directly and indirectly, of each Borrower and in consideration of the undertakings of the other Borrowers to accept joint and several liability for the Obligations.

  • Joint and Several Liability of the Borrowers (a) Notwithstanding anything in this Agreement or any other Loan Document to the contrary, each of the Borrowers hereby accepts joint and several liability hereunder and under the other Loan Documents for the Obligations, in consideration of the financial accommodations to be provided by the Agents and the Lenders under this Agreement and the other Loan Documents, for the mutual benefit, directly and indirectly, of each of the Borrowers and in consideration of the undertakings of the other Borrowers to accept joint and several liability for the Obligations. Each of the Borrowers, jointly and severally, hereby irrevocably and unconditionally accepts, not merely as a surety but also as a co-debtor, joint and several liability with the other Borrowers, with respect to the payment and performance of all of the Obligations (including, without limitation, any Obligations arising under this Section 4.05) it being the intention of the parties hereto that all of the Obligations shall be the joint and several obligations of each of the Borrowers without preferences or distinction among them. If and to the extent that any of the Borrowers shall fail to make any payment with respect to any of the Obligations as and when due or to perform any of the Obligations in accordance with the terms thereof, then in each such event, the other Borrowers will make such payment with respect to, or perform, such Obligation. Subject to the terms and conditions hereof, the Obligations of each of the Borrowers under the provisions of this Section 4.05 constitute the absolute and unconditional, full recourse Obligations of each of the Borrowers, enforceable against each such Person to the full extent of its properties and assets, irrespective of the validity, regularity or enforceability of this Agreement, the other Loan Documents or any other circumstances whatsoever.

  • Concerning Joint and Several Liability of the Borrowers (a) Each of the Borrowers is accepting joint and several liability hereunder and under the other Loan Documents in consideration of the financial accommodations to be provided by the Banks under this Credit Agreement, for the mutual benefit, directly and indirectly, of each of the Borrowers and in consideration of the undertakings of each other Borrower to accept joint and several liability for the Obligations.

  • Obligations Joint and Several Should more than one person or entity sign this Note as a Borrower, the obligations of each such Borrower shall be joint and several.

  • Several Liability In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual Acquiring Fund that is involved in the matter in controversy and not to any other series of the Investing Company. In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund that is involved in the matter in controversy and not to any other series of the Trust.

  • Joint and Several If there is more than one Tenant, the obligations imposed upon Tenant under this Lease shall be joint and several.

  • Parties Bound; Assignment; Joint and Several This Guaranty shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns and legal representatives; provided, however, that Guarantor may not, without the prior written consent of Lender, assign any of its rights, powers, duties or obligations hereunder. If Guarantor consists of more than one person or party, the obligations and liabilities of each such person or party shall be joint and several.

  • Joint and Several Obligations THE OBLIGATIONS OF THE GUARANTORS HEREUNDER SHALL BE JOINT AND SEVERAL, AND ACCORDINGLY, EACH GUARANTOR CONFIRMS THAT IT IS LIABLE FOR THE FULL AMOUNT OF THE “GUARANTIED OBLIGATIONS” AND ALL OF THE OBLIGATIONS AND LIABILITIES OF EACH OF THE OTHER GUARANTORS HEREUNDER.

  • Joint and Several Obligation The obligations of the Guarantors under this Guaranty are joint and several obligations of each Guarantor and may be freely enforced against each Guarantor, for the full amount of the Guaranteed Obligations, without regard to whether enforcement is sought or available against any other Guarantor.

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