Borrower’s Liability. The Borrower’s liability hereunder shall not be affected, terminated or prejudiced by any amendments to or changes in the Borrower’s/any of the Borrower group’s ownership or management or in its constitution, or amendment in any constituent documents by any winding-up, liquidation, bankruptcy/insolvency, dissolution of firm, retirement or death of any of the partners of the firm, reorganization or any similar process or becoming bankrupt or insolvent or any proceeding in respect thereof or any analogous step, but such liability shall continue in full force and effect and shall be binding on the Borrower’s respective successors. In case the Borrower is an individual, after the death/insanity/insolvency of the Borrower, the Borrower’s Dues shall be the liability of the Borrower’s heirs, executors, administrators and liquidators.
Borrower’s Liability. The Borrower’s liability hereunder shall not be affected, terminated or prejudiced by any amendments to or changes in the Borrower’s constitution, or upon the Borrower becoming bankrupt or insolvent or any proceeding in respect thereof or any analogous step, but such liability shall continue in full force and effect and shall be binding on the Borrower’s respective successors, assigns and Legal heirs
Borrower’s Liability. Borrower shall be liable for the full amounts of Borrower’s Outstanding Balance regardless of the purpose whether for business purposes or for personal, family, or household purposes of any of the charges made with the Cards or Credit Card Checks. Borrower’s liability shall also include all charges regardless of the purpose made by any person to whom Borrower or User has given express or implied permission to use the Card, Card Account or Credit Card Checks or has voluntarily provided the Card or the Card number.
Borrower’s Liability. Either Borrower may, acting singly, request Credit Extensions hereunder. Each Borrower hereby appoints the other as agent for the other for all purposes hereunder, including with respect to requesting Credit Extensions hereunder. Each Borrower hereunder shall be obligated to repay all Credit Extensions made hereunder, regardless of which Borrower actually receives said Credit Extension, as if each Borrower hereunder directly received all Credit Extensions. Notwithstanding any other provision of this Agreement or other related document, each Borrower irrevocably waives all rights that it may have at law or in equity (including, without limitation, any law subrogating such Borrower to the rights of Lenders under this Agreement) to seek contribution, indemnification or any other form of reimbursement from any other Borrower, or any other Person now or hereafter primarily or secondarily liable for any of the Obligations, for any payment made by a Borrower with respect to the Obligations in connection with this Agreement or otherwise and all rights that it might have to benefit from, or to participate in, any security for the Obligations as a result of any payment made by a Borrower with respect to the Obligations in connection with this Agreement or otherwise. Any agreement providing for indemnification, reimbursement or any other arrangement prohibited under this Section shall be null and void. If any payment is made to a Borrower in contravention of this Section, such Borrower shall hold such payment in trust for Lenders and such payment shall be promptly delivered to Lenders for application to the Obligations, whether matured or unmatured.
Borrower’s Liability. The Borrowers shall be deemed jointly and severally liable for their obligations hereunder and the singular shall include the plural and vice versa. The Borrowers hereby confirm that references to the Borrowers or any one Borrower herein shall mean and apply to the Borrowers and each of them, jointly and severally.
Borrower’s Liability. The Borrower shall be responsible for any damages, losses or expenses incurred by the Lender as a result of the failure to make the Individual Loan by the Lender.
Borrower’s Liability. The parties acknowledge that the rights and obligations (including the representations, warranties, agreements, breaches, liabilities, indemnities and Defaults) of the Borrowers under this Agreement are joint and several.
Borrower’s Liability. Anything in this Agreement or any exhibits hereto, any certificate, opinion or documents of any nature whatsoever to the contrary notwithstanding, neither Lender nor its successors or assigns shall have any claim, remedy or right to proceed (at law or in equity) against Borrower or any incorporator, shareholder, director, officer, or employee of Borrower for the payment of any deficiency or any other sum owing on account of the indebtedness evidenced by any Non-Recourse Note or for the payment of any liability of any nature whatsoever with respect to any Non-Recourse Note, Non-Recourse Facility Contract or Non-Recourse Facility Equipment or any obligations of Borrower under this Agreement with respect to any Non-Recourse Note, Non-Recourse Facility Contract or Non-Recourse Facility Equipment (EXCEPT THAT LENDER SHALL NOT BE PROHIBITED FROM ASSERTING A CLAIM AGAINST BORROWER PERSONALLY WHICH CLAIM IS FOR ACTUAL DAMAGES DIRECTLY RESULTING FROM THE BORROWER'S FAILURE TO REMIT ANY CONTRACT PROCEEDS TO LENDER, OR THE OTHER BORROWER EVENTS OF DEFAULT DESCRIBED IN SUBSECTIONS (b) AND (c) OF SECTION 8.1), from any source other than the Collateral pertaining to such Non-Recourse Facility Contract, including the sums due and to become due under any Non-Recourse Facility Contract; and Lender by acceptance of a Non-Recourse Note waives and releases any liability of Borrower for and on account of such indebtedness or such liability, EXCEPT AS PROVIDED ABOVE, and Lender, its successors and assigns and the holders of any Non-Recourse Note agree to look either to the End-User pertaining to such Non-Recourse Facility Contract or to the Collateral pertaining to such Non-Recourse Facility Contract, including the sums due and to become due under such Non-Recourse Facility Contract for the payment of said indebtedness or the satisfaction of such liability.
Borrower’s Liability. Borrower and each Guarantor shall be liable for the full amounts of Borrower’s Outstanding Balance regardless of the purpose whether for business purposes or for personal, family, or household purposes of any of the charges made with the Cards. Borrower’s liability shall also include all charges regardless of the purpose made by any person to whom Borrower or User has given express or implied permission to use the Card, Card Account or has voluntarily provided the Card or the Card number. Prior to exercising your dispute rights with the bank, you must make an attempt to resolve the issue with the merchant. This must be stated in writing. Within your dispute please include all applicable dates of when you contacted the merchant and the contact’s name. 16.2: User’s Liability. in addition to and not in lieu of Borrower’s liability as set forth above, each User shall be jointly, and severally liable with Borrower for all amounts resulting from: (a) all charges made by User for personal, family, or household purposes; and (b) all charges made by any person to whom that User has given express or implied permission to use the Card or Card Account or has voluntarily provided the Card or the Card number, regardless of the purpose of any such charge.
Borrower’s Liability. The Borrower is responsible for the full cost of repair or replacement of any or all of the Equipment that is damaged, lost, confiscated, or stolen from the time Borrower assumes custody until it is returned to Lender. If the Equipment is lost, stolen or damaged, Borrower agrees to promptly notify the Lender Representative designated above.
