Joint Borrowers. If there are two or more of you, each of you is individually liable, and all of you are jointly liable. This means we may sue any one of you for the total amount you owe us. References to a person includes companies and trusts and any other kind of body. You agree that each borrower can bind each other borrower. Each other borrower and any guarantor will be liable even though they did not know about or did not agree to the transaction.
Joint Borrowers. (a) Each Borrower agrees that it is jointly and severally, directly and primarily liable to Foothill for payment in full of all Obligations, whether for principal, interest or otherwise and that such liability is independent of the duties, obligations, and liabilities of the other Borrowers. Foothill may bring a separate action or actions on each, any, or all of the Obligations against any Borrower, whether action is brought against the other Borrowers or whether the other Borrowers are joined in such action. In the event that any Borrower fails to make any payment of any Obligations on or before the due date thereof, the other Borrowers immediately shall cause such payment to be made or each of such Obligations to be performed, kept, observed, or fulfilled.
(b) The Loan Documents are a primary and original obligation of each Borrower, are not the creation of a surety relationship, and are an absolute, unconditional, and continuing promise of payment and performance which shall remain in full force and effect without respect to future changes in conditions, including any change of law or any invalidity or irregularity with respect to the Loan Documents. Each Borrower agrees that its liability under the Loan Documents shall be immediate and shall not be contingent upon the exercise or enforcement by Foothill of whatever remedies it may have against the other Borrowers, or the enforcement of any lien or realization upon any security Foothill may at any time possess. Each Borrower consents and agrees that Foothill shall be under no obligation (under Section 2899 or 3433 of the California Civil Code or otherwise) to marshal any assets of any Borrower against or in payment of any or all of the Obligations.
(c) Each Borrower acknowledges that it is presently informed as to the financial condition of the other Borrowers and of all other circumstances which a diligent inquiry would reveal and which bear upon the risk of nonpayment of the Obligations. Each Borrower hereby covenants that it will continue to keep informed as to the financial condition of the other Borrowers, the status of the other Borrowers and of all circumstances which bear upon the risk of nonpayment of the Obligations. Absent a written request from any Borrower to Foothill for information, such Borrower hereby waives any and all rights it may have to require Foothill to disclose to such Borrower any information which Foothill may now or hereafter acquire concerning the condition or circumstances...
Joint Borrowers. If more than one party executes this Agreement as Borrower, then for the purpose of this Agreement the term Borrower shall mean each such party and each such party shall be jointly and severally liable as Borrower for the Obligations as defined herein without regard to which party receives the proceeds of any of the Loans. Each such party hereby acknowledges that it expects to derive economic advantage from each of the Loans.
Joint Borrowers. (a) Notwithstanding anything else 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 undertakings of the other Borrowers to accept joint and several liability for the Loan Obligations, hereby irrevocably and unconditionally accepts, not merely as a surety but also as a co-debtor, joint and several liability with the other Borrowers, with respect to the payment and performance of all of the Loan Obligations, it being the intention of the parties hereto that all of the Loan Obligations shall be the joint and several obligations of each Borrower without preferences or distinction among them. The Borrowers shall be liable for all amounts due to Administrative Agent and the Lenders under this Agreement, regardless of which Borrower actually receives the relevant Loans or other extensions of credit hereunder or the amount of such Loans or other extensions of credit received or the manner in which the Administrative Agent or any relevant Lender accounts for such Loans or other extensions of credit on its books and records. The Loan Obligations of the Borrowers with respect to Loans and other extensions of credit made to one of them, and the Loan Obligations arising as a result of the joint and several liability of one of the Borrowers hereunder with respect to Loans and other extensions of credit made to any other Borrower hereunder, shall be separate and distinct obligations, but all such other Loan Obligations shall be primary obligations of each Borrower.
(b) If and to the extent that any Borrower shall fail to make any payment with respect to any of the Loan Obligations as and when due or to perform any of the Loan Obligations in accordance with the terms thereof, then in each such event, each other Borrower will make such payment with respect to, or perform, such Loan Obligation.
(c) The obligations of each Borrower under this Section 9.22 shall not be diminished or rendered unenforceable by any winding up, reorganization, arrangement, liquidation, reconstruction or similar proceeding with respect to any Borrower. The joint and several liability of the Borrowers hereunder shall continue in full force and effect notwithstanding any absorption, merger, amalgamation o...
Joint Borrowers. If more than one entity executes this Agreement as Borrower, then for the purpose of this Agreement the term Borrower shall mean each entity and each entity shall be jointly and severally liable as Borrower for the Obligation as defined herein without regard to which entity receives the proceeds of the loans and advances made hereunder. Each such entity hereby acknowledges that it expects to derive economic advantages from each such loan or advance made hereunder.
Joint Borrowers. 24.1 If there are more than one of you:
a) the facility letter and this facility agreement apply to all of you together and to each of you on your own;
b) any notice or instruction given to us and any request for or acceptance of variations to the facility letter or this facility agreement by any one of you shall be binding on the rest of you;
c) any notice or demand or other communication given by us to any one of you shall be deemed to have been served on all of you; and
d) we may at our discretion in any case require any notice, instruction, request or acceptance to be confirmed by all persons who are borrowers and/or mortgagors under the facility letter.
Joint Borrowers. A California Class Member may make only one claim per denied application. Joint or multiple borrowers who are denied on a single application will be treated as a single application and their pro rata share will be divided equally per applicant who submits a Verified Claim Form and becomes a Verified Claimant.
Joint Borrowers. 9.1 If you are a joint borrower, you agree that we can rely on instructions in relation to your account from either one of you individually (without any further enquiry or verification from the other borrower). Each of you is bound by instructions given to us by the other borrower.
9.2 However, you agree that we may (acting reasonably) decline to act if we receive contradictory communications from you.
Joint Borrowers. Each person who accepts these Loan Terms will be individually and jointly responsible for paying the entire amount owed to us. This means we can enforce our rights against any one of you individually or against all of you together. Your obligation to pay is independent of the obligation of any other person who has also agreed to pay. You remain obligated to pay even if any joint applicant with you is not obligated to pay. PAYMENTS: You agree to make your payments in lawful money of the United States of America to First National Bank of Omaha, P.O. Box 2557, Omaha, NE 68103-2557, or to such other address as we may specify from time to time. You agree to follow the reasonable requirements for payments that we specify. There may be a delay in crediting your payments if you fail to follow our requirements, including the requirement that we receive your payment no later than 5:00 p.m. (Central Time) on the date the payment is due. We may accept payments marked “payment in full” or with other markings without losing our right to payment in full. We may reject payments that are not in United States Dollars or not drawn on a United States bank. If we choose to accept a payment that is not in United States Dollars or not drawn on a United States bank, you agree to pay any collection or conversion fees assessed to us by third parties. PREPAYMENT: You may prepay all or part of your loan at any time without penalty. Unless you prepay in full, you must still make your remaining regularly scheduled payments on time. Making prepayments will save you money. Prepayments may be applied first to accrued interest and then to principal. FEES: If we do not receive any payment in full within ten days of when it is due, a late fee of 5.00% of that payment will be due with your next payment. If any of your payments (for example, your check or an automatic transfer) is dishonored or returned to us for any reason, a returned payment fee of $15 will be due with your next payment. This fee will be due even if the returned payment is resubmitted and then honored.
Joint Borrowers. 5.1 If this overdraft is provided to more than one person, each of you is a joint borrower.
5.2 You appoint each other joint borrower of this overdraft as your agent to receive Credit Contracts and Consumer Finance Xxx 0000 disclosures, notice and other communications on your behalf. The joint borrower receiving the disclosures, notices and other communications acknowledges that it is receiving these on behalf of the other joint borrower(s).
5.3 References in these Overdraft Terms and Conditions to ‘you’ are to each joint borrower and the liability of each joint borrower under this overdraft is joint and several with each other joint borrower. Each joint borrower will therefore be responsible for all of the amounts owed to us even if the other joint borrower does not pay.
