Co Borrower Provisions Clause Samples

Co Borrower Provisions. (a) The Obligations are the joint and several obligation of each Borrower. To the fullest extent permitted by applicable law, the obligations of each Borrower hereunder shall not be affected by (i) the failure of Bank to assert any claim or demand or to enforce or exercise any right or remedy against any other Borrower under the provisions of this Agreement, any other Loan Document or under applicable law, (ii) any rescission, waiver, amendment or modification of, or any release of any Borrower from, any of the terms or provisions of, this Agreement or any other Loan Document, or (iii) the failure to perfect any security interest in, or the release of, any of the Collateral or other security held by or on behalf of the Bank. (b) The obligations of each Borrower to pay the Obligations in full hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the payment in full in cash of the Obligations after the termination of any obligation of Bank to any Borrower under any Loan Document), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of any of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Borrower hereunder shall not be discharged or impaired or otherwise affected by the failure of the Bank to assert any claim or demand or to enforce any remedy under this Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, any default, failure or delay, willful or otherwise, in the performance of any of the Obligations, or by any other act or omission that may or might in any manner or to any extent vary the risk of any Borrower or that would otherwise operate as a discharge of any Borrower as a matter of law or equity (other than the payment in full in cash of all the Obligations after termination of any obligation of Bank to any Borrower under any Loan Document). (c) To the fullest extent permitted by applicable law, other than mandatory counterclaims, each Borrower waives any defense based on or arising out of any defense of any other Borrower or the unenforceability of the Obligations or any part thereof from any cause, or the cessation from any cause of the liability of any othe...

Co Borrower Provisions. The Borrower and each Co-Borrower acknowledges that their joint and several liability with respect to the Obligations could be construed to consist, at least in part, of a guaranty of obligations of the Borrower and the other Co-Borrowers under the Loans and, in full recognition of that fact, Borrower and each Co-Borrower consents and agrees as hereinafter set forth in this ss.28. In the event that any of the Indebtedness or Obligations of the Borrower or any Co-Borrower are construed to consist of a guaranty, the consents, waivers, and agreements of the Borrower and the Co-Borrowers that are contained in this ss.28 are intended to deal with the suretyship aspects of the transactions evidenced by the Loan Documents.

Co Borrower Provisions. Each Borrower acknowledges and agrees that it shall be jointly and severally liable for the Loan and all other obligations arising under this Agreement and/or any of the other Loan Documents. In furtherance thereof, each Borrower acknowledges and agrees as follows: (a) For the purpose of implementing the joint borrower provisions of the Loan Documents, each Borrower hereby irrevocably appoints each other Borrower as its agent and attorney-in-fact for all purposes of the Loan Documents, including the giving and receiving of notices and other communications, and Administrative Agent and Lenders shall be entitled to rely on requests and instructions of any Borrower. (b) To induce Lenders to make the Loan, and in consideration thereof, each Borrower hereby agrees to indemnify Administrative Agent, ▇▇▇▇▇▇▇, and the other Indemnified Parties against, and hold Administrative Agent, Lenders and the other Indemnified Parties harmless from, any and all out of pocket liabilities, expenses, losses, damages and/or claims of damage or injury asserted against Administrative Agent and/or Lenders by any Borrower or by any other Person arising from or incurred by reason of reliance by Administrative Agent and/or Lenders on any requests or instructions from any Borrower. (c) Each Borrower acknowledges that the liens and security interests created or granted herein and by the other Loan Documents will secure the obligations of each Borrower under the Loan Documents and, in full recognition of that fact, each Borrower consents and agrees that Administrative Agent and/or Lenders may, at any time and from time to time, without notice or demand, and without affecting the enforceability or security hereof or of any other Loan Document: (i) agree with any Borrower to supplement, modify, amend, extend, renew, accelerate, or otherwise change the time for payment or the terms of the obligations or any part thereof, including any increase or decrease of the rate(s) of interest thereon; (ii) agree with any Borrower to supplement, modify, amend or waive, or enter into or give any agreement, approval or consent with respect to, the obligations or any part thereof or any of the Loan Documents or any additional security or guaranties, or any condition, covenant, default, remedy, right, representation or term thereof or thereunder; (iii) accept new or additional instruments, documents or agreements in exchange for or relative to any of the Loan Documents or the obligations or any part thereo...

Co Borrower Provisions. Notwithstanding anything to the contrary in this Agreement or the Loan Documents, the following provisions apply to each Borrower hereunder and the obligations of each Borrower hereunder: a. The liability of each Borrower is joint and several as to all obligations hereunder irrespective of the administrative provisions set forth in Section 2.7(b) below; and b. To facilitate the Bank in properly monitoring the Borrowing Base for each Borrower hereunder, Bank and Borrower agree as follows: i. upon request by Bank, each Borrower shall provide a separate Borrowing Base Certificate to Bank on a case by case basis; and ii. Bank and Borrower shall maintain, in addition to consolidated records as required by Section 3.13, separate records and or accounts for the Borrowing Base of each Borrower, the Revolving Credit Loan made to the Borrower allocable to such Borrower’s Borrowing Base, interest accrued on such Revolving Credit Loan, and payments made by each Borrower allocable to such Revolving Credit Loan.

Co Borrower Provisions of the Loan Agreement "Co-Borrower Provisions" is hereby incorporated by reference herein mutatis mutandis.

Co Borrower Provisions. Each Borrower agrees as follows

Co Borrower Provisions. As used in this Section 6.03, the term “Co-Borrower” shall mean any one of Parent Borrower, and any REO Entity; and the term “Co-Borrowers” shall mean any two or more of such Co-Borrowers, collectively.

Co Borrower Provisions. Subject to and notwithstanding any of the terms and conditions of that certain Contribution Agreement by and among each Borrower and the Related Obligors (as defined therein) dated as of June 25, 2003.

Co Borrower Provisions