Common use of Joint and Several Liability of Borrowers Clause in Contracts

Joint and Several Liability of Borrowers. Each of the Borrower and the Co-Borrower hereby acknowledges and agrees that they are co-borrowers with respect to, and have joint and several liability on, the Loans and Reimbursement Obligations and other Obligations, subject only to the limitations of Section 2.1 of the Guarantee and Collateral Agreement. Each of the Borrower’s and the Co-Borrower’s joint and several liability as co-borrowers hereunder shall not in any manner be impaired or affected by who receives or uses the proceeds of the Loans, or the Letters of Credit, or for what purposes such proceeds are used, and each of the Borrower and the Co-Borrower waives notice of requests for extensions of credit issued by, and the Loans and Letters of Credit made to or for the account of, any other borrower. In furtherance thereof, each of the Borrowers agrees that wherever in this Agreement it is provided that the Borrower or the Co-Borrower is liable for a payment such obligation is the joint and several obligation of each of the Borrower and the Co-Borrower. Each of the Borrowers, to the fullest extent permitted by applicable law, hereby expressly waives and surrenders any defense to its joint and several liability on the Loans, Reimbursement Obligations or other Obligations.

Joint and Several Liability of Borrowers. Each Notwithstanding anything in this Agreement or any other Financing Agreements to the contrary, each Borrower, jointly and severally, in consideration of the financial accommodations to be provided by Agent and Lenders under this Agreement and the other Financing Agreements, for the mutual benefit, directly and indirectly, of each Borrower and in consideration of the Co-Borrower hereby acknowledges and agrees that they are co-borrowers with respect to, and have undertakings of the other Borrowers to accept joint and several liability on, for the Loans and Reimbursement Obligations and other Obligations, subject only to the limitations of Section 2.1 of the Guarantee hereby irrevocably and Collateral Agreement. Each of the Borrower’s and the Counconditionally accepts, not merely as a surety but also as a co-Borrower’s debtor, joint and several liability as co-borrowers hereunder shall not in any manner be impaired or affected by who receives or uses with the proceeds other Borrowers, with respect to the payment and performance of all of the LoansObligations, or it being the Letters of Credit, or for what purposes such proceeds are used, and each intention of the Borrower and the Co-Borrower waives notice of requests for extensions of credit issued by, and the Loans and Letters of Credit made to or for the account of, any other borrower. In furtherance thereof, each parties hereto that all of the Borrowers agrees that wherever in this Agreement it is provided that the Borrower or the Co-Borrower is liable for a payment such obligation is Obligations shall be the joint and several obligation obligations of each Borrower without preferences or distinction among them. Borrowers shall be liable for all amounts due to Agent and Lenders under this Agreement, regardless of which Borrower actually receives the Loans or Letter of Credit Obligations hereunder or the amount of such Revolving Loans received or the manner in which Agent or any Lender accounts for such Loans, Letter of Credit Obligations or other extensions of credit on its books and records. The Obligations of Borrowers with respect to Revolving Loans made to one of them, and the Obligations arising as a result of the Borrower and the Co-Borrower. Each of the Borrowers, to the fullest extent permitted by applicable law, hereby expressly waives and surrenders any defense to its joint and several liability on of one of the LoansBorrowers hereunder with respect to Revolving Loans made to the other of the Borrowers hereunder, Reimbursement shall be separate and distinct obligations, but all such other Obligations or other Obligationsshall be primary obligations of all Borrowers.

Joint and Several Liability of Borrowers. Each Notwithstanding anything in this Agreement or any other Financing Agreements to the contrary, each Borrower, jointly and severally, in consideration of the financial accommodations to be provided by Agents and Lenders under this Agreement and the other Financing Agreements, for the mutual benefit, directly and indirectly, of each Borrower and in consideration of the Co-Borrower hereby acknowledges and agrees that they are co-borrowers with respect to, and have undertakings of the other Borrowers to accept joint and several liability on, for the Loans and Reimbursement Obligations and other Obligations, subject only to the limitations of Section 2.1 of the Guarantee hereby irrevocably and Collateral Agreement. Each of the Borrower’s and the Counconditionally accepts, not merely as a surety but also as a co-Borrower’s debtor, joint and several liability as co-borrowers hereunder shall not in any manner be impaired or affected by who receives or uses with the proceeds other Borrowers, with respect to the payment and performance of all of the LoansObligations, or it being the Letters of Credit, or for what purposes such proceeds are used, and each intention of the Borrower and the Co-Borrower waives notice of requests for extensions of credit issued by, and the Loans and Letters of Credit made to or for the account of, any other borrower. In furtherance thereof, each parties hereto that all of the Borrowers agrees that wherever in this Agreement it is provided that the Borrower or the Co-Borrower is liable for a payment such obligation is Obligations shall be the joint and several obligation obligations of each Borrower without preferences or distinction among them. Borrowers shall be liable for all amounts due to Agents and Lenders under this Agreement, regardless of which Borrower actually receives the Loans hereunder or the amount of such Loans received or the manner in which Administrative Agent or any Lender accounts for such Loans or other extensions of credit on its books and records. The Obligations of Borrowers with respect to Loans made to one of them, and the Obligations arising as a result of the Borrower and the Co-Borrower. Each of the Borrowers, to the fullest extent permitted by applicable law, hereby expressly waives and surrenders any defense to its joint and several liability on of one of the LoansBorrowers hereunder, Reimbursement with respect to Loans made to the other of the Borrowers hereunder, shall be separate and distinct obligations, but all such other Obligations or other Obligationsshall be primary obligations of all Borrowers.

Joint and Several Liability of Borrowers. Each Notwithstanding anything in this Agreement or any other Loan Documents to the contrary, but subject to Section 5.3(b) hereof, each Borrower, jointly and severally, in consideration of the financial accommodations to be provided by Agent and Lenders under this Agreement and the other Loan Documents, for the mutual benefit, directly and indirectly, of each Borrower and in consideration of the Co-Borrower hereby acknowledges and agrees that they are co-borrowers with respect to, and have undertakings of the other Borrowers to accept joint and several liability on, for the Loans and Reimbursement Obligations and other Obligations, subject only to the limitations of Section 2.1 of the Guarantee hereby irrevocably and Collateral Agreement. Each of the Borrower’s and the Counconditionally accepts, not merely as a surety but also as a co-Borrower’s debtor, joint and several liability as co-borrowers hereunder shall not in any manner be impaired or affected by who receives or uses with the proceeds other Borrowers, with respect to the payment and performance of all of the LoansObligations, or it being the Letters of Credit, or for what purposes such proceeds are used, and each intention of the Borrower and the Co-Borrower waives notice of requests for extensions of credit issued by, and the Loans and Letters of Credit made to or for the account of, any other borrower. In furtherance thereof, each parties hereto that all of the Borrowers agrees that wherever in this Agreement it is provided that the Borrower or the Co-Borrower is liable for a payment such obligation is Obligations shall be the joint and several obligation obligations of each Borrower without preferences or distinction among them. Borrowers shall be liable for all amounts due to Agent and Lenders under this Agreement, regardless of which Borrower actually receives the Loans or Letter of Credit Obligations hereunder or the amount of such Revolving Loans received or the manner in which Agent or any Lender accounts for such Loans, Letter of Credit Obligations or other extensions of credit on its books and records. The Obligations of Borrowers with respect to Revolving Loans made to one of them, and the Obligations arising as a result of the Borrower and the Co-Borrower. Each of the Borrowers, to the fullest extent permitted by applicable law, hereby expressly waives and surrenders any defense to its joint and several liability on of one of the LoansBorrowers hereunder with respect to Revolving Loans made to the other of the Borrowers hereunder, Reimbursement shall be separate and distinct obligations, but all such other Obligations or other Obligationsshall be primary obligations of all Borrowers.

Joint and Several Liability of Borrowers. Each Notwithstanding anything in this Agreement or any other Loan Documents to the contrary, each Borrower, jointly and severally, in consideration of the financial accommodations to be provided by the Administrative Agent and Lenders under this Agreement and the other Loan Documents, for the mutual benefit, directly and indirectly, of each Borrower and in consideration of the Co-Borrower hereby acknowledges and agrees that they are co-borrowers with respect to, and have undertakings of the other Borrowers to accept joint and several liability on, for the Loans and Reimbursement Obligations and other Obligations, subject only to the limitations of Section 2.1 of the Guarantee hereby irrevocably and Collateral Agreement. Each of the Borrower’s and the Counconditionally accepts, not merely as a surety but also as a co-Borrower’s debtor, joint and several liability as co-borrowers hereunder shall not in any manner be impaired or affected by who receives or uses with the proceeds other Borrowers, with respect to the payment and performance of all of the LoansObligations, or it being the Letters of Credit, or for what purposes such proceeds are used, and each intention of the Borrower and the Co-Borrower waives notice of requests for extensions of credit issued by, and the Loans and Letters of Credit made to or for the account of, any other borrower. In furtherance thereof, each parties hereto that all of the Borrowers agrees that wherever in this Agreement it is provided that the Borrower or the Co-Borrower is liable for a payment such obligation is Obligations shall be the joint and several obligation obligations of each Borrower without preferences or distinction among them. Borrowers shall be liable for all amounts due to Administrative Agent and Lenders under this Agreement, regardless of which Xxxxxxxx actually receives the Term Loans hereunder or the amount of such Term Loans received or the manner in which the Administrative Agent or any Lender accounts for such Term Loans or other extensions of credit on its books and records. The Obligations of Borrowers with respect to Term Loans made to one of them, and the Obligations arising as a result of the Borrower and the Co-Borrower. Each of the Borrowers, to the fullest extent permitted by applicable law, hereby expressly waives and surrenders any defense to its joint and several liability on of one of the LoansBorrowers hereunder with respect to Term Loans made to the other of the Borrowers hereunder, Reimbursement shall be separate and distinct obligations, but all such other Obligations or other Obligationsshall be primary obligations of all Borrowers.

Joint and Several Liability of Borrowers. Each All Obligations (including indemnity Obligations) of the Borrowers under this Agreement and the Notes shall constitute joint and several obligations of the Borrowers. Each Borrower expressly represents and acknowledges that it is part of a single business enterprise with the other Borrower and that any Loans by the Co-Lenders to the other Borrower hereby hereunder will be of direct and indirect interest, benefit and advantage of both of the Borrowers. Each Borrower acknowledges that any Loan Notice, Swing Line Loan Notice or other notice given by either of the Borrowers to the Administrative Agent or any Lender shall bind both of the Borrowers, and that any notice given by the Administrative Agent or any Lender to either of the Borrowers shall be effective with respect to both Borrowers. Each Borrower acknowledges and agrees that they are each Borrower shall be liable not merely as a surety but as a primary obligor and co-borrowers with respect todebtor, on a joint and several basis, for all of the Loans, regardless of which Borrower may actually have received the proceeds of any of the Loans or the amount of such Loans received or the manner in which the Administrative Agent or any Lender accounts for such Loans on its books and records, and have further acknowledges and agrees that Loans to either Borrower inure to the mutual benefit of both Borrowers and that the Administrative Agent and the Lenders are relying on the joint and several liability on, the Loans and Reimbursement Obligations and other Obligations, subject only to the limitations of Section 2.1 of the Guarantee and Collateral Agreement. Each of the Borrower’s and the Co-Borrower’s joint and several liability as co-borrowers hereunder shall not in any manner be impaired or affected by who receives or uses the proceeds of the Loans, or the Letters of Credit, or for what purposes such proceeds are used, and each of the Borrower and the Co-Borrower waives notice of requests for extensions of credit issued by, and the Loans and Letters of Credit made to or for the account of, any other borrower. In furtherance thereof, each of the Borrowers agrees that wherever in this Agreement it is provided that the Borrower or the Co-Borrower is liable for a payment such obligation is the joint and several obligation of each of the Borrower and the Co-Borrower. Each of the Borrowers, to the fullest extent permitted by applicable law, hereby expressly waives and surrenders any defense to its joint and several liability on extending the Loans, Reimbursement Obligations or other Obligations.

Joint and Several Liability of Borrowers. Each Notwithstanding anything in this Agreement or any other Financing Agreements to the contrary, each Borrower, jointly and severally, in consideration of the financial accommodations to be provided by Agent and Lenders under this Agreement and the other Financing Agreements, for the mutual benefit, directly and indirectly, of each Borrower and in consideration of the Co-Borrower hereby acknowledges and agrees that they are co-borrowers with respect to, and have undertakings of the other Borrowers to accept joint and several liability on, for the Loans and Reimbursement Obligations and other Obligations, subject only to the limitations of Section 2.1 of the Guarantee hereby irrevocably and Collateral Agreement. Each of the Borrower’s and the Counconditionally accepts, not merely as a surety but also as a co-Borrower’s debtor, joint and several liability as co-borrowers hereunder shall not in any manner be impaired or affected by who receives or uses with the proceeds other Borrowers, with respect to the payment and performance of all of the LoansObligations, or it being the Letters of Credit, or for what purposes such proceeds are used, and each intention of the Borrower and the Co-Borrower waives notice of requests for extensions of credit issued by, and the Loans and Letters of Credit made to or for the account of, any other borrower. In furtherance thereof, each parties hereto that all of the Borrowers agrees that wherever in this Agreement it is provided that the Borrower or the Co-Borrower is liable for a payment such obligation is Obligations shall be the joint and several obligation obligations of each Borrower without preferences or distinction among them. Borrowers shall be liable for all amounts due to Agent and Lenders under this Agreement, regardless of which Borrower actually receives the Loans hereunder or the amount of such Loans received or the manner in which Agent or any Lender accounts for such Loans or other extensions of credit on its books and records. The Obligations of Borrowers with respect to Loans made to one of them, and the Obligations arising as a result of the Borrower and the Co-Borrower. Each of the Borrowers, to the fullest extent permitted by applicable law, hereby expressly waives and surrenders any defense to its joint and several liability on of one of Borrowers hereunder, with respect to Loans made to the Loansother of Borrowers hereunder, Reimbursement shall be separate and distinct obligations, but all such other Obligations or other Obligationsshall be primary obligations of all Borrowers.