Common use of Co-Applicants Clause in Contracts

Co-Applicants. (a) If this Agreement is signed by two or more Persons (each a “Co-Applicant”), then the term “Applicant” shall mean each such Person and all such Persons shall be jointly and severally liable for all obligations of the “Applicant” hereunder and in respect of the Letters of Credit issued pursuant hereto. Any Co-Applicant shall have the right to issue all instructions relating to Letters of Credit (including, without limitation, instructions as to the disposition of documents and waiver of discrepancies) and to agree with the Bank upon any amendment, extension, renewal or modification of, or change in the amount of, any Letter of Credit, and such instructions and agreements shall be binding upon all Co-Applicants. Each Co-Applicant shall be bound by (i) any notice from the Bank to any other Co-Applicant, (ii) any other Co-Applicant’s settlement or release of any claim against the Bank arising under this Agreement and (iii) any default under this Agreement attributable to any other Co-Applicant.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Winmark Corp), Loan and Security Agreement (ModusLink Global Solutions Inc), Credit Agreement (Nashua Corp)

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Co-Applicants. (a) If this Agreement is signed by two or more Persons (each a "Co-Applicant"), then the term "Applicant" shall mean each such Person and all such Persons shall be jointly and severally liable for all obligations of the "Applicant" hereunder and in respect of the Letters of Credit issued pursuant hereto. Any Co-Applicant shall have the right to issue all instructions relating to Letters of Credit (including, without limitation, instructions as to the disposition of documents and waiver of discrepancies) and to agree with the Bank upon any amendment, extension, renewal or modification of, or change in the amount of, any Letter of Credit, and such instructions and agreements shall be binding upon all Co-Applicants. Each Co-Applicant shall be bound by (i) any notice from the Bank to any other Co-Applicant, (ii) any other Co-Applicant’s 's settlement or release of any claim against the Bank arising under this Agreement and (iii) any default under this Agreement attributable to any other Co-Applicant.

Appears in 2 contracts

Samples: Master Letter of Credit Agreement (Viskase Companies Inc), Loan Agreement (Talx Corp)

Co-Applicants. (a) If this Agreement is signed by two or more Persons (each a “Co-Applicant”), then the term “Applicant” shall mean each such Person and all such Persons shall be jointly and severally liable for all obligations of the “Applicant” hereunder and in respect of the Letters of Credit issued pursuant hereto. Any Co-Applicant shall have the right to issue all instructions relating to Letters of Credit (including, without limitation, instructions as to the disposition of documents and waiver of discrepancies) and to agree with the Bank upon any amendment, extension, renewal or modification of, or change in the amount of, any Letter of Credit, and such instructions and agreements shall be binding upon all Co-Applicants. Each Co-Applicant shall be bound by (i) any notice from the Bank to any other Co-ApplicantCoApplicant, (ii) any other Co-Applicant’s settlement or release of any claim against the Bank arising under this Agreement and (iii) any default under this Agreement attributable to any other Co-Applicant.

Appears in 1 contract

Samples: Letter of Credit Agreement (Akorn Inc)

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Co-Applicants. (a) If this Agreement is signed by two or more Persons (each a "Co-Applicant"), then the term "Applicant" shall mean each such Person and all such Persons persons shall be jointly and severally liable for all obligations of the "Applicant" hereunder and in respect of the Letters of Credit issued pursuant hereto. Any Co-Applicant applicant shall have the right to issue all instructions relating to Letters of Credit (including, without limitation, instructions as to the disposition of documents and waiver of discrepancies) and to agree with the Bank upon any amendment, extension, renewal or modification of, or change in the amount of, any Letter of Credit, and such instructions and agreements shall be binding upon all Co-Applicants. Each Co-Applicant shall be bound by (i) any notice from the Bank to any other Co-Applicant, (ii) any other Co-Applicant’s 's settlement or release of any claim against the Bank arising under this Agreement Agreement, and (iii) any default under this Agreement attributable to any other Co-Applicant.

Appears in 1 contract

Samples: Credit Agreement (Usg Corp)

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