Common use of Joint Borrowers Clause in Contracts

Joint Borrowers. (a) Notwithstanding anything else in this Agreement or any other Loan Documents to the contrary (but subject to clause (f) below), each Borrower, jointly and severally, in consideration of the financial accommodations to be provided by the Administrative Agent, Lenders and Issuing Banks 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, the Lenders and the Issuing Banks under this Agreement, regardless of which Borrower actually receives the relevant Loans, Letters of Credit or other extensions of credit hereunder or the amount of such Loans, Letters of Credit or other extensions of credit received or the manner in which the Administrative Agent or any relevant Lender or Issuing Bank accounts for such Loans, Letters of Credit or other extensions of credit on its books and records. The Loan Obligations of the Borrowers with respect to Loans, Letters of Credit 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, Letters of Credit and other extensions of credit made to any other Borrower hereunder, shall be separate and distinct obligations, but all such other Loan Obligations shall (subject to clause (f) below) be primary obligations of each Borrower.

Appears in 2 contracts

Samples: Incremental Assumption Agreement (Mallinckrodt PLC), Credit Agreement (Mallinckrodt PLC)

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Joint Borrowers. (a) Notwithstanding anything else in this Agreement or any other Loan Documents to the contrary (but subject to clause (f) below)contrary, each Borrower, jointly and severally, in consideration of the financial accommodations to be provided by the Administrative Agent, Agent and Lenders and Issuing Banks 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, Agent and the Lenders and the Issuing Banks under this Agreement, regardless of which Borrower actually receives the relevant Loans, Letters of Credit Loans or other extensions of credit hereunder or the amount of such Loans, Letters of Credit Loans or other extensions of credit received or the manner in which the Administrative Agent or any relevant Lender or Issuing Bank accounts for such Loans, Letters of Credit Loans or other extensions of credit on its books and records. The Loan Obligations of the Borrowers with respect to Loans, Letters of Credit 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, Letters of Credit 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 (subject to clause (f) below) be primary obligations of each Borrower.

Appears in 2 contracts

Samples: Possession Credit Agreement (Mallinckrodt PLC), Credit Agreement (Mallinckrodt PLC)

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Joint Borrowers. (a) Notwithstanding anything else in this Agreement or any other Loan Documents to the contrary (but subject to clause (f) below)contrary, each Borrower, jointly and severally, in consideration of the financial accommodations to be provided by the Administrative Agent, Agent and Lenders and Issuing Banks 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, Agent and the Lenders and the Issuing Banks under this Agreement, regardless of which Borrower actually receives the relevant Loans, Letters of Credit Loans or other extensions of credit hereunder or the amount of such Loans, Letters of Credit Loans or other extensions of credit received or the manner in which the Administrative Agent or any relevant Lender or Issuing Bank accounts for such Loans, Letters of Credit Loans or other extensions of credit on its books and records. The Loan Obligations of the Borrowers with respect to Loans, Letters of Credit 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, Letters of Credit 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 (subject to clause (f) below) be primary obligations of each Borrower.. 194

Appears in 1 contract

Samples: Mortgage, Security Agreement (Mallinckrodt PLC)

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