Common use of Joint Borrowers Clause in Contracts

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.

Appears in 8 contracts

Samples: Loan and Security Agreement (Digital Generation Systems Inc), Loan and Security Agreement (Celebrity Inc), Loan and Security Agreement (International Remote Imaging Systems Inc /De/)

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Joint Borrowers. (a) Each Borrower agrees that it is jointly and severally, directly and primarily liable to Foothill the Agent and the Lenders 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 The Agent 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.

Appears in 1 contract

Samples: Loan and Security Agreement (Leslies Poolmart Inc)

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