Joint and Several Liability of Companies. (a) Each Company is accepting joint and several liability hereunder and under the other Credit Documents in consideration of the financial accommodations to be provided by the Lenders under this Agreement, for the mutual benefit, directly and indirectly, of each Company and in consideration of the undertakings of the other Companies to accept joint and several liability for the Obligations.
Joint and Several Liability of Companies. (a) Notwithstanding anything in this Financing Agreement or any other Loan Document to the contrary, each of the Companies hereby accepts joint and several liability hereunder and under the other Loan Documents in consideration of the financial accommodations to be provided by the Administrative Agent, the Lenders and the Issuing Bank under this Financing Agreement and the other Loan Documents, for the mutual benefit, directly and indirectly, of each of the Companies and other L/C Eligible Account Parties and in consideration of the undertakings of the other Companies to accept joint and several liability for the Loans and the other Obligations hereunder, as well as the undertaking of Trim Trends for its own obligations relating to Letters of Credit issued for its account. Each of the Companies, 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 Companies, with respect to the payment and performance of all of the Obligations (including, without limitation, any Obligations arising under this Paragraph 11.2), it being the intention of the parties hereto that all of the Obligations shall be the joint and several obligations of each of the Companies without preferences or distinction among them. If and to the extent that any of the Companies 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 Companies will make such payment with respect to, or perform, such Obligation.
Joint and Several Liability of Companies. 15.1 All loans made to the Companies shall be deemed jointly funded to, and received by, the Companies. Each Company jointly and severally agrees to pay, and shall be jointly and severally liable for payment and performance of, all Obligations. Each Company acknowledges and agrees that the joint and several liability of the Companies is provided as an inducement to Agent and Lenders to provide loans and other financial accommodations to the Companies, and that each such loan or other financial accommodation shall be deemed to have been done or extended by Agent and Lenders in consideration of, and reliance upon, the joint and several liability of the Companies. The joint and several liability of each Company hereunder is absolute, unconditional and continuing, regardless of the validity or enforceability of any of the Obligations, or the fact that a security interest or lien in any Collateral may not be enforceable or may be subject to the equities or defenses or prior claims of others, or may be invalid or defective in any way and for any reason. Each Company hereby waives, to the full extent permitted by applicable laws, (i) all notices to which such Company may be entitled as co-obligor with respect to the Obligations, including, without limitation, notice of (x) acceptance of this Financing Agreement, (y) the making of loans or other financial accommodations under this Financing Agreement, or the creation or existence of the Obligations, and (z) presentment, demand, protest, notice of protest, and notice of non-payment; and (ii) all defenses based on (w) any modification (or series of modifications) of this Financing Agreement or the other Loan Documents that may create a substituted contract, or that may fundamentally alter the risks imposed on such Company hereunder, (x) the release of any other Company from its duties this Financing Agreement or the other Loan Documents, or the extension of the time of performance of any other Company’s duties hereunder or thereunder, (y) the taking, releasing, impairment or abandonment of any Collateral, or the settlement, release or compromise of the Obligations or any other Company’s liabilities with respect to all or any portion of the Obligations, or (z) any other act (or failure to act) that fundamentally alters the risks imposed on such Company by virtue of its joint and several liability hereunder. It is the intent of each Company by this paragraph to waive any and all suretyship defenses available to such C...
Joint and Several Liability of Companies. (a) Each Company is accepting joint and several liability hereunder and under the other Credit Documents in consideration of the financial accommodations to be provided by the Lenders under this Agreement, for the mutual benefit, directly and indirectly, of each Company and in consideration of the undertakings of the other Companies to accept joint and several liability for the Obligations. (b) Each Company, 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 Companies, with respect to the payment and performance of all of the Obligations (including any Obligations arising under this Section 2.22), it being the intention of the parties hereto that all the Obligations shall be the joint and several obligations of each Company without preferences or distinction among them.
Joint and Several Liability of Companies. Each Company is accepting joint and several liability hereunder and under the Notes in consideration of the financial accommodation to be provided by the Purchasers of the Notes, for the mutual benefit, directly and indirectly, of each Company and in consideration of the undertakings of each Company to accept joint and several liability for the obligations of each other Company. Each Company jointly and severally irrevocably and unconditionally accepts, not merely as a surety but also as a co-obligor, joint and several liability with the other Companies with respect to the payment and performance of the Notes, it being the intention of the parties hereto that the Notes shall be the joint and several obligations of each and all of the Companies without preferences or distinction among them. If and to the extent that any Company shall fail to make any payment with respect to all or any portion of the Notes as and when due or to perform any other obligation hereunder or under any other Note Document in accordance with the terms hereof or thereof, then in each such event, the other Companies will make such payment with respect to, or perform, such obligation. The obligations of each Company under the Note Documents constitute full recourse obligations of such Company, enforceable against it to the full extent of its properties and assets, irrespective of the validity, regularity or enforceability of this Agreement or any other Note Document or any other circumstances whatsoever. Except as otherwise expressly provided in any Note Document, each Company hereby waives notice of acceptance of its joint and several liability, notice of any issuance of any Note under this Agreement, notice of occurrence of any Default or Event of Default, or of any demand for any payment under this Agreement or any other Note Document, notice of any action at any time taken or omitted by the Collateral Agent or any holder of any Note under or in respect of any of the obligations of the Companies under the Note Documents, any requirement of diligence and, generally, all demands, notice and other formalities of every kind in connection with this Agreement or any other Note Document. Each Company hereby assents to, and waives notice of, any extension or postponement of the time for the payment of the Notes, the acceptance of any partial payment thereon, any waiver, consent or other action or acquiescence by the Collateral Agent or any holder of any Note at any time or times in respect ...
