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

Joint and Several Liability of Borrowers. (a) Each Borrower is accepting joint and several liability under this Agreement and under the other Loan Documents in consideration of the financial accommodations to be provided by the Secured Parties under this Agreement and the other Loan Documents, 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. (b) Each Borrower, 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 Borrower, with respect to the payment and performance of all of the Obligations (including any Obligations arising under this Section 2.24), it being the intention of the parties hereto that all the Obligations shall be the joint and several obligations of each Borrower without preferences or distinction among them. (c) If and to the extent that any Borrower 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 Borrower will make such payment with respect to, or perform, such Obligation until such time as all of the Obligations are paid in full.

Appears in 4 contracts

Samples: Incremental Amendment to Credit Agreement (Knowlton Development Corp Inc), Credit Agreement (Knowlton Development Corp Inc), Incremental Amendment to Credit Agreement (Knowlton Development Parent, Inc.)

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Joint and Several Liability of Borrowers. (a) Each Borrower is accepting joint and several liability under this Agreement hereunder and under the other Loan Documents in consideration of the financial accommodations to be provided by the Secured Parties Lender Group under this Agreement and the other Loan DocumentsAgreement, 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. (b) Each Borrower, 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 BorrowerBorrowers, with respect to the payment and performance of all of the Obligations (including any Obligations arising under this Section 2.242.14), it being the intention of the parties hereto that all the Obligations shall be the joint and several obligations of each Borrower without preferences or distinction among them. (c) If and to the extent that any Borrower 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 Borrower Borrowers will make such payment with respect to, or perform, such Obligation until such time as all of the Obligations are paid in fullObligation.

Appears in 1 contract

Samples: Credit Agreement (Endologix Inc /De/)

Joint and Several Liability of Borrowers. (ai) Each Borrower of Borrowers is accepting joint and several liability under this Agreement hereunder and under the other Loan Documents in consideration of the financial accommodations to be provided by the Secured Parties Administrative Agent and the Lenders under this Agreement and the other Loan DocumentsAgreement, for the mutual benefit, directly and indirectly, of each Borrower of Borrowers and in consideration of the undertakings of the other Borrowers to accept joint and several liability for the Obligations. (bii) Each Borrowerof 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 BorrowerBorrowers, with respect to the payment and performance of all of the Obligations (including including, without limitation, any Obligations arising under this Section 2.2410.25), it being the intention of the parties hereto that all the Obligations shall be the joint and several obligations of each Borrower without preferences or distinction among them. (ciii) If and to the extent that any Borrower 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 117 the other Borrower will make such payment with respect to, or perform, such Obligation until such time as all Obligation. (iv) The Obligations of each Borrower under the Obligations are paid in full.provisions of this

Appears in 1 contract

Samples: Credit Agreement (Apartment Investment & Management Co)

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Joint and Several Liability of Borrowers. (a) Each Borrower is accepting joint and several liability under this Agreement hereunder and under the other Loan Documents in consideration of the financial accommodations to be provided by the Secured Parties Lender under this Agreement and the other Loan DocumentsAgreement, 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 Secured Obligations. (b) . Each Borrower, jointly and severally, hereby irrevocably irrevocably, absolutely and unconditionally accepts, not merely as a surety but also as a co-debtor, joint and several liability with the other BorrowerBorrowers, with respect to the payment and performance of all of the Secured Obligations (including including, without limitation, any Secured Obligations arising under this Section 2.242.8), it being the intention of the parties hereto Borrowers that all the Secured Obligations shall be the joint and several obligations of each Borrower Borrowers without preferences or distinction among them. (c) . If and to the extent that any Borrower of Borrowers shall fail to make any payment with respect to any of the Secured Obligations as and when due or to perform any of the Secured Obligations in accordance with the terms thereof, then in each such event event, the other Borrower Persons composing Borrowers will make such payment with respect to, or perform, such Obligation until such time as all Secured Obligation. Each Borrower hereby agrees that it will not enforce any of the Obligations are paid in full.its rights of

Appears in 1 contract

Samples: Loan and Security Agreement (InfoLogix Inc)

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