Common use of Additional Named “Borrower” Added to Credit Agreement Clause in Contracts

Additional Named “Borrower” Added to Credit Agreement. Lender and Borrower hereby agree to add ECC Capital Corporation, formed under the laws of Maryland (“Co-Borrower”) as an additional named “Borrower” to the Credit Agreement effective as of the date hereof. By being added as an additional named “Borrower” to the Credit Agreement and executing this Amendment below, it is understood and agreed by Co-Borrower that Co-Borrower shall be bound by all of the rights, liabilities, covenants and obligations of “Borrower” under the Credit Agreement. This includes, without limitation, being bound by all the rights, liabilities, covenants and obligations of “Borrower” under the Credit Agreement with respect to any Advances made by Lender to Borrower under the Credit Agreement prior to the date hereof or any Advances that Lender may make to Borrower or Co-Borrower under the Credit Agreement on or after the date hereof. Further, Borrower and Co-Borrower hereby expressly agree to be jointly and severally liable for all rights, liabilities, covenants and obligations of “Borrower” under the Credit Agreement, regardless of which entity incurred or is responsible for such rights, liabilities, covenants and obligations.

Appears in 1 contract

Samples: Credit and Security Agreement (ECC Capital CORP)

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Additional Named “Borrower” Added to Credit Agreement. Lender and Borrower hereby agree to add ECC Capital CorporationConquistamerica, Inc., formed under the laws of Maryland California (“Co-Borrower”) as an additional named “Borrower” to the Credit Agreement effective as of the date hereof. By being added as an additional named “Borrower” to the Credit Agreement and executing this Amendment below, it is understood and agreed by Co-Borrower that Co-Borrower shall be bound by all of the rights, liabilities, covenants and obligations of “Borrower” under the Credit Agreement. This includes, without limitation, being bound by all the rights, liabilities, covenants and obligations of “Borrower” under the Credit Agreement with respect to any Advances made by Lender to Borrower under the Credit Agreement prior to the date hereof or any Advances that Lender may make to Borrower or Co-Borrower under the Credit Agreement on or after the date hereof. Further, Borrower and Co-Borrower hereby expressly agree to be jointly and severally liable for all rights, liabilities, covenants and obligations of “Borrower” under the Credit Agreement, regardless of which entity incurred or is responsible for such rights, liabilities, covenants and obligations.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (ECC Capital CORP)

Additional Named “Borrower” Added to Credit Agreement. Lender and Borrower hereby agree to add ECC Capital Aames Financial Corporation, formed under the laws of Maryland a Delaware corporation (“Co-Borrower”) as an additional named “Borrower” to the Credit Agreement effective as of the date hereof. By being added as an additional named “Borrower” to the Credit Agreement and executing this Amendment below, it is understood and agreed by Co-Borrower that Co-Borrower shall be bound by all of the rights, liabilities, covenants and obligations of “Borrower” under the Credit Agreement. This includes, without limitation, being bound by all the rights, liabilities, covenants and obligations of “Borrower” under the Credit Agreement with respect to any Advances made by Lender to Borrower under the Credit Agreement prior to the date hereof or any Advances that Lender may make to Borrower or Co-Borrower under the Credit Agreement on or after the date hereof. Further, Borrower and Co-Borrower hereby expressly agree to be jointly and severally liable for all rights, liabilities, covenants and obligations of “Borrower” under the Credit Agreement, regardless of which entity incurred or is responsible for such rights, liabilities, covenants and obligations.

Appears in 1 contract

Samples: Credit and Security Agreement (Aames Investment Corp)

Additional Named “Borrower” Added to Credit Agreement. Lender and Borrower hereby agree to add ECC Capital Bravo Credit Corporation, formed under the laws of Maryland California (“Co-Borrower”) as an additional named “Borrower” to the Credit Agreement effective as of the date hereof. By being added as an additional named “Borrower” to the Credit Agreement and executing this Amendment below, it is understood and agreed by Co-Borrower that Co-Borrower shall be bound by all of the rights, liabilities, covenants and obligations of “Borrower” under the Credit Agreement. This includes, without limitation, being bound by all the rights, liabilities, covenants and obligations of “Borrower” under the Credit Agreement with respect to any Advances made by Lender to Borrower under the Credit Agreement prior to the date hereof or any Advances that Lender may make to Borrower or Co-Borrower under the Credit Agreement on or after the date hereof. Further, Borrower and Co-Borrower hereby expressly agree to be jointly and severally liable for all rights, liabilities, covenants and obligations of “Borrower” under the Credit Agreement, regardless of which entity incurred or is responsible for such rights, liabilities, covenants and obligations.

Appears in 1 contract

Samples: Credit and Security Agreement (ECC Capital CORP)

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Additional Named “Borrower” Added to Credit Agreement. Lender and Borrower hereby agree to add ECC Capital Corporation, formed under the laws of Maryland Fieldstone Investment Corporation ("Co-Borrower") as an additional named "Borrower" to the Credit Agreement effective as of the date hereof. By being added as an additional named "Borrower" to the Credit Agreement and executing this Amendment belowAgreement, it is understood and agreed by Co-Borrower that Co-Borrower shall be bound by all of the rights, liabilities, covenants and obligations of "Borrower" under the Credit Agreement. This includes, without limitation, being bound by all the rights, liabilities, covenants and obligations of "Borrower" under the Credit Agreement with respect to any Advances made by Lender to Borrower under the Credit Agreement prior to the date hereof or any Advances that Lender may make to Borrower or Co-Borrower under the Credit Agreement on or after the date hereof. Further, Borrower and Co-Borrower hereby expressly agree to be jointly and severally liable for all rights, liabilities, covenants and obligations of "Borrower" under the Credit Agreement, regardless of which entity incurred or is responsible for such rights, liabilities, covenants and obligations.

Appears in 1 contract

Samples: Credit and Security Agreement (Fieldstone Investment Corp)

Additional Named “Borrower” Added to Credit Agreement. Lender and Borrower hereby agree to add ECC Capital Aames Investment Corporation, real estate investment trust formed under the laws of Maryland (“Co.Co-Borrower.) as an additional named “Borrower” .Borrower. to the Credit Agreement effective as of the date hereof. By being added as an additional named “Borrower” .Borrower. to the Credit Agreement and executing this Amendment below, it is understood and agreed by Co-Borrower that Co-Borrower shall be bound by all of the rights, liabilities, covenants and obligations of “Borrower” .Borrower. under the Credit Agreement. This includes, without limitation, being bound by all the rights, liabilities, covenants and obligations of “Borrower” .Borrower. under the Credit Agreement with respect to any Advances made by Lender to Borrower under the Credit Agreement prior to the date hereof or any Advances that Lender may make to Borrower or Co-Borrower under the Credit Agreement on or after the date hereof. Further, Borrower and Co-Borrower hereby expressly agree to be jointly and severally liable for all rights, liabilities, covenants and obligations of “Borrower” .Borrower. under the Credit Agreement, regardless of which entity incurred or is responsible for such rights, liabilities, covenants and obligations.

Appears in 1 contract

Samples: Credit and Security Agreement (Aames Financial Corp/De)

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