Liability Cumulative. The liability of each Guarantor under this Section 13 is in addition to and shall be cumulative with all liabilities of such Guarantor to Agent and Lenders under this Agreement and the other Loan Documents to which such Guarantor is a party or in respect of any Obligations hereunder or obligation of the other Guarantors, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 7 contracts
Samples: Credit Agreement (Forward Air Corp), Incremental Amendment to Credit Agreement (XPO, Inc.), Refinancing Amendment (XPO, Inc.)
Liability Cumulative. The liability of each Guarantor under this Section 13 8 is in addition to and shall be cumulative with all liabilities of such each Guarantor to Agent and Lenders Lender under this Agreement and the other Loan Documents to which such Guarantor is a party or in respect of any Obligations hereunder obligations or obligation liabilities of the other GuarantorsLoan Parties, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 5 contracts
Samples: Loan and Security Agreement (Sifco Industries Inc), Loan and Security Agreement (Salem Media Group, Inc. /De/), Loan and Security Agreement (Grove Collaborative Holdings, Inc.)
Liability Cumulative. The liability of each Guarantor the Guarantors under this Section 13 is in addition to and shall be cumulative with all liabilities of such Guarantor each Loan Party to the Collateral Agent and the Lenders under this Agreement and the other Loan Documents to which such Guarantor is a party or in respect of any Obligations hereunder or obligation of the other GuarantorsDocuments, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 4 contracts
Samples: Loan and Security Agreement (Vapotherm Inc), Loan and Security Agreement (Vapotherm Inc), Loan and Security Agreement (Vapotherm Inc)
Liability Cumulative. The liability of each Guarantor under this Section 13 8 is in addition to and shall be cumulative with all liabilities of such each Guarantor to Agent and Lenders each Lender under this Agreement and the other Loan Documents to which such Guarantor is a party or in respect of any Obligations hereunder obligations or obligation liabilities of the other GuarantorsLoan Parties, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 4 contracts
Samples: Loan and Security Agreement (SkyWater Technology, Inc), Super Priority Senior Secured Debtor in Possession Loan and Security Agreement (iMedia Brands, Inc.), Loan and Security Agreement (SkyWater Technology, Inc)
Liability Cumulative. The liability of each Guarantor under this Section 13 is in addition to and shall be cumulative with all liabilities of such Borrower and each other Guarantor to Agent and Lenders Lender under this Agreement and the other Loan Documents to which Borrower or such Guarantor is a party or in respect of any Obligations hereunder obligations under the Loan Documents or obligation of the Borrower or any other GuarantorsGuarantor, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 3 contracts
Samples: Loan and Security Agreement (Daegis Inc.), Loan and Security Agreement (Unify Corp), Loan and Security Agreement (Unify Corp)
Liability Cumulative. The liability of each Guarantor Guarantors under this Section 13 7.11 and 7.12 is in addition to and shall be cumulative with all liabilities of such each Guarantor to Agent and Lenders under this Agreement and the other Loan Documents Guaranty to which such Guarantor is a party or in respect of any Obligations hereunder or obligation of the other GuarantorsGuarantor, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 2 contracts
Samples: Guaranty (Golfsmith International Holdings Inc), Guaranty (Golfsmith International Holdings Inc)
Liability Cumulative. The liability of each Guarantor the Guarantors under this Section 13 Article 11 is in addition to and shall be cumulative with all liabilities of such each Guarantor to the Administrative Agent and the Lenders under this Agreement and the other Loan Documents to which such Guarantor is a party or in respect of any Obligations hereunder or obligation of the other Guarantors, Guarantors without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 2 contracts
Samples: Loan and Security Agreement (Us Xchange LLC), Loan and Security Agreement (Eschelon Telecom Inc)
Liability Cumulative. The liability of each Guarantor the Guarantors under this Section 13 Article IX is in addition to and shall be cumulative with all liabilities of such each Guarantor or Borrower to Agent the Agents and the Lenders under this Agreement and the other Loan Documents to which such Guarantor or Borrower is a party or in respect of any Obligations hereunder or obligation of the any other GuarantorsGuarantor or Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 2 contracts
Samples: Credit Agreement (Brightpoint Inc), Multicurrency Credit Agreement (Brightpoint Inc)
Liability Cumulative. The liability of each Guarantor under this Section 13 9 is in addition to and shall be cumulative with all liabilities of such Guarantor each other Credit Party to Agent the Lender and Lenders other Holders under this Agreement and the other Loan Documents to which such Guarantor is a party or in respect of any Obligations hereunder or obligation of the other GuarantorsSubordinated Note, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 2 contracts
Samples: Note (Midwest Energy Emissions Corp.), Financing Agreement (Midwest Energy Emissions Corp.)
Liability Cumulative. The liability of each Guarantor under this Section 13 8 is in addition to and shall be cumulative with all liabilities of such each Guarantor to Agent and Lenders the Lender under this Agreement and the other Loan Documents to which such Guarantor is a party or in respect of any Obligations hereunder obligations or obligation liabilities of the other GuarantorsBorrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 1 contract
Liability Cumulative. The liability of each Guarantor under this Section 13 8 is in addition to to, and shall be cumulative with with, all liabilities of such each Guarantor to Agent and Lenders Lender under this Agreement and the other Loan Documents to which such Guarantor is a party or in respect of any Obligations hereunder obligations or obligation liabilities of the other GuarantorsLoan Parties, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 1 contract
Liability Cumulative. The liability of each Guarantor under this Section 13 Article 8 is in addition to and shall be cumulative with all liabilities of such Guarantor to Agent the Lender and Lenders other Holders under this Agreement and Agreement, the Unsecured Note, the other Loan Transaction Documents and any other agreement, document or instrument to which such Guarantor is or may in the future become a party party, or in respect of any Obligations hereunder obligations or obligation liabilities of the other Guarantors, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 1 contract
Samples: Unsecured Note Financing Agreement (Midwest Energy Emissions Corp.)
Liability Cumulative. The liability of each Guarantor the Corporate Guarantors and Borrowers under this Section 13 11 is in addition to and shall be cumulative with all liabilities of such each Corporate Guarantor and each Borrower to Agent and Lenders or any Lender under this Agreement and the other Loan Documents to which any such Borrower or Corporate Guarantor is a party or in respect of any Obligations hereunder or obligation of the other Borrowers or Corporate Guarantors, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 1 contract
Liability Cumulative. The liability of each Guarantor under this Section 13 8 is in addition to and shall be cumulative with all liabilities of such each Guarantor to Agent and Lenders Lender under this Agreement and the other Loan Documents to which such Guarantor is a party or in respect of any Obligations hereunder obligations or obligation liabilities of the other GuarantorsLoan Parties, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.. 9. PAYMENTS
Appears in 1 contract
Liability Cumulative. The liability of each Guarantor under this Section 13 Article XII is in addition to and shall be cumulative with all liabilities of such Guarantor to the Administrative Agent and the Lenders under this Agreement and the other Loan Documents to which such Guarantor is a party or in respect of any Obligations hereunder obligations or obligation liabilities of the other Guarantors, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 1 contract
Liability Cumulative. The liability of each Guarantor the Guarantors under this Section 13 Article IX is in addition to and shall be cumulative with all liabilities of such each Guarantor or Borrower to the Administrative Agent and the Lenders under this Agreement and the other Loan Documents to which such Guarantor or Borrower is a party or in respect of any Obligations hereunder or obligation of the any other GuarantorsGuarantor or Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 1 contract
Liability Cumulative. The liability of each Guarantor under this Section 13 Article VIII is in addition to and shall be cumulative with all liabilities of such each Guarantor to Agent and Lenders the Lender Parties under this US Security Agreement and the other Loan Documents to which such Guarantor is a party or in respect of any Obligations hereunder obligations or obligation liabilities of the other GuarantorsLoan Parties, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 1 contract
Liability Cumulative. The liability of each Guarantor as a Guarantor under this Section 13 Article X is in addition to and shall be cumulative with all liabilities of such each Guarantor to Agent the Agents and the Lenders under this Agreement and the other Loan Documents to which such Guarantor is a party or in respect of any Obligations hereunder obligations or obligation liabilities of the Borrower and the other Guarantors, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 1 contract
Samples: Term Loan and Guaranty Agreement (Kaiser Aluminum Corp)
Liability Cumulative. The liability of each Guarantor the Guarantors under this Section 13 -------------------- Article IX is in addition to and shall be cumulative with all liabilities of such ---------- each Guarantor or Borrower to the Agent and the Lenders under this Agreement and the other Loan Documents to which such Guarantor or Borrower is a party or in respect of any Obligations hereunder or obligation of the any other GuarantorsGuarantor or Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 1 contract
Liability Cumulative. The liability of each Guarantor Guarantors under this Section 13 15 is in addition to and ---------- shall be cumulative with all liabilities of such Guarantor each Obligor to Agent and Lenders under this Agreement and the other Loan Documents to which such Guarantor Obligor is a party or in respect of any Obligations hereunder or obligation of the other GuarantorsObligors, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.. [SIGNATURE PAGES FOLLOW]
Appears in 1 contract
Liability Cumulative. The liability of each Guarantor the Guarantors under this Section 13 11 is in addition to and shall be cumulative with all liabilities of such each Guarantor to Administrative Agent and Lenders or any Lender under this Agreement and the other Loan Documents to which any such Guarantor is a party or in respect of any Obligations hereunder or obligation of the other Guarantors, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary. WITNESS the due execution of this Agreement by the respective duly authorized officers of the undersigned as of the date first written above.
Appears in 1 contract
Samples: Loan and Security Agreement (Comforce Operating Co)
Liability Cumulative. The liability of each Guarantor under this Section 13 9 is in addition to and shall be cumulative with all liabilities of such each Guarantor to Agent and Lenders Lender under this Agreement and the other Loan Documents to which such Guarantor is a party or in respect of any Obligations hereunder obligations or obligation liabilities of the other GuarantorsLoan Parties, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 1 contract
Liability Cumulative. The liability of each Guarantor under this Section 13 is in addition to and shall be cumulative with all liabilities of such each Guarantor to Agent and Lenders the Secured Parties under this Agreement and the other Loan Documents to which such each Guarantor is a party or in respect of any Obligations hereunder or obligation of the other GuarantorsBorrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 1 contract
Samples: Credit and Guarantee Agreement (Lithium Americas Corp.)
Liability Cumulative. The liability of each Guarantor under this Section 13 12 is in addition to and shall be cumulative with all liabilities of such each Guarantor to Agent and Lenders Lender under this Agreement and the other Loan Documents to which such Guarantor is a party or in respect of any Obligations hereunder obligations or obligation liabilities of the other GuarantorsLoan Parties, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 1 contract
Samples: Loan and Security Agreement (Hightimes Holding Corp.)