Common use of JOINT AND SEVERAL LIABILITY; CROSS GUARANTY Clause in Contracts

JOINT AND SEVERAL LIABILITY; CROSS GUARANTY. (a) Each Borrower hereby acknowledges and agrees that such Borrower is jointly and severally liable for all of the Indebtedness, and hereby absolutely and unconditionally guarantees to the Administrative Agent, for the benefit of the Lender Parties, the full and prompt payment (whether at stated maturity, by acceleration or otherwise) and performance of, all Indebtedness and other obligations and amounts owed or hereafter owing to the Lender Parties under this Agreement by each other Borrower. Each Borrower agrees that its guaranty obligation hereunder is a continuing guaranty of payment and performance and not of collection, that its obligations under this Section shall not be discharged until payment and performance, in full, of the Indebtedness and other amounts owed or hereafter owing under this Agreement has occurred and termination of all commitments to lend under this Agreement, and that its obligations under this Section shall be absolute and unconditional, irrespective of, and unaffected by:

Appears in 2 contracts

Samples: Loan and Security Agreement (Carbiz Inc), Loan and Security Agreement (Carbiz Inc)

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JOINT AND SEVERAL LIABILITY; CROSS GUARANTY. (a) Each Borrower hereby acknowledges and agrees that such Borrower is jointly and severally liable for all of the Indebtedness, and hereby absolutely and unconditionally guarantees to the Administrative AgentLender, for the benefit of the Lender PartiesLender, the full and prompt payment (whether at stated maturity, by acceleration or otherwise) and performance of, all Indebtedness and other obligations and amounts owed or hereafter owing to the Lender Parties under this Agreement by each other Borrower. Each Borrower agrees that its guaranty obligation hereunder is a continuing guaranty of payment and performance and not of collection, that its obligations under this Section shall not be discharged until payment and performance, in full, of the Indebtedness and other amounts owed or hereafter owing under this Agreement has occurred and termination of all commitments to lend under this Agreement, and that its obligations under this Section shall be absolute and unconditional, irrespective of, and unaffected by:

Appears in 2 contracts

Samples: Loan and Security Agreement (Carbiz Inc), Loan and Security Agreement (Carbiz Inc)

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JOINT AND SEVERAL LIABILITY; CROSS GUARANTY. (a) Each Borrower hereby acknowledges and agrees that such Borrower is jointly and severally liable for all of the Indebtedness, and hereby absolutely and unconditionally guarantees to the Administrative Agent, for the benefit of the Lender Parties, the full and prompt payment (whether at stated maturity, by acceleration or otherwise) and performance of, all Indebtedness and other obligations and amounts owed or hereafter owing to the Lender Parties under this Agreement by each other Borrower. Each Borrower agrees that its guaranty obligation hereunder is a continuing guaranty of payment and performance and not of collection, that its obligations under this Section shall not be discharged until payment and performance, in full, of the Indebtedness and other amounts owed or hereafter owing under this Agreement has occurred and termination of all commitments to lend under this Agreementoccurred, and that its obligations under this Section shall be absolute and unconditional, irrespective of, and unaffected by:

Appears in 1 contract

Samples: Loan and Security Agreement (Carbiz Inc)

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