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

Joint and Several Obligations of Borrowers. (a) The Borrowers state and acknowledge that: (a) pursuant to this Agreement, the Borrowers desire to utilize their borrowing potential on a consolidated basis to the same extent possible if they were merged into a single entity and that this Agreement reflects the establishment of credit facilities which would not otherwise be available to such entity if each Borrower were not jointly and severally liable for payment of the Indebtedness; (b) each Borrower has determined that it will benefit specifically and materially from the advances of credit contemplated by this Agreement; (c) it is both a condition precedent to the obligations of the Lenders hereunder and a desire of the Borrowers that each Borrower execute and deliver this Agreement; and (d) each Borrower has requested and bargained for the structure and terms of and security for the advances contemplated by this Agreement.

Appears in 5 contracts

Samples: Credit Agreement (El Paso Production Holding Co), Credit Agreement (El Paso Production Holding Co), Credit Agreement (El Paso Corp/De)

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Joint and Several Obligations of Borrowers. (a) The Borrowers state and acknowledge that: (ai) pursuant to this Agreement, the Borrowers desire to utilize their borrowing potential on a consolidated basis to the same extent possible if they were merged into a single entity and that this Agreement reflects the establishment of credit facilities which would not otherwise be available to such entity if each Borrower were not jointly and severally liable for payment of the Indebtedness; (bii) each Borrower has determined that it will benefit specifically and materially from the advances of credit contemplated by this Agreement; (ciii) it is both a condition precedent to the obligations of the Lenders hereunder and a desire of the Borrowers that each Borrower execute and deliver this Agreement; and (div) each Borrower has requested and bargained for the structure and terms of and security for the advances contemplated by this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (EP Energy Corp), Credit Agreement (El Paso Corp/De)

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