Common use of Co-Borrowers Clause in Contracts

Co-Borrowers. Borrowers are jointly and severally liable for the Obligations and Agent and the Lenders may proceed against one Borrower to enforce the Obligations without waiving its right to proceed against the other Borrower. This Agreement and the Loan Documents are a primary and original obligation of each Borrower and shall remain in effect notwithstanding future changes in conditions, including any change of law or any invalidity or irregularity in the creation or acquisition of any Obligations or in the execution or delivery of any agreement between Agent, any Lender and any Borrower. Each Borrower shall be liable for existing and future Obligations as fully as if all of the Credit Extensions were advanced to such Borrower. Agent and each Lender may rely on any certificate or representation made by any Borrower as made on behalf of, and binding on, each Borrower, including without limitation Revolving Advance Request Forms, the Term Loan Request Form and Compliance Certificates. Each Borrower appoints each other Borrower as its agent with all necessary power and authority to give and receive notices, certificates or demands for and on behalf of each Borrower, to act as disbursing agent for receipt of any Credit Extensions on behalf of each Borrower and to apply to Agent (for the ratable benefit of Lenders) on behalf of each Borrower for Credit Extensions, any waivers and any consents. This authorization cannot be revoked, and Agent and/or any Lender need not inquire as to one Bxxxxxxx’s authority to act for or on behalf of another Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Ammo, Inc.)

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Co-Borrowers. Borrowers are jointly and severally liable for the Obligations and Agent and the Lenders Lender may proceed against one Borrower to enforce the Obligations without waiving its right to proceed against the other Borrower. This Agreement and the Loan Documents are a primary and original obligation of each Borrower and shall remain in effect notwithstanding future changes in conditions, including any change of law or any invalidity or irregularity in the creation or acquisition of any Obligations or in the execution or delivery of any agreement between Agent, any Lender and any Borrower. Each Borrower shall be liable for existing and future Obligations as fully as if all of the Credit Extensions were advanced to such Borrower. Agent and each Lender may rely on any certificate or representation made by any Borrower as made on behalf of, and binding on, each Borrowerall Borrowers, including without limitation Revolving Advance Request FormsForms (delivered by a Responsible Officer), the Term Loan Request Form Borrowing Base Certificates and Compliance Certificates. Borrowers are jointly and severally liable for the Obligations and Lender may proceed against one or more of the Borrowers to enforce the Obligations without waiving its right to proceed against any of the other Borrowers. Each Borrower appoints each other Borrower as its agent with all necessary power and authority to give and receive notices, certificates or demands for and on behalf of each Borrowerboth Borrowers, to act as disbursing agent for receipt of any Credit Extensions Advances on behalf of each Borrower and to apply to Agent (for the ratable benefit of Lenders) Lender on behalf of each Borrower for Credit ExtensionsAdvances, any waivers and any consents. This authorization cannot be revoked, and Agent and/or any Lender need not inquire as to one BxxxxxxxBorrower’s authority to act for or on behalf of another Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Pac-West Telecomm Inc)

Co-Borrowers. Borrowers are jointly and severally liable for the Obligations and Administrative Agent and the Lenders any Lender may proceed against one Borrower to enforce the Obligations without waiving its right to proceed against the any other Borrower. This Agreement and the Loan Documents are a primary and original obligation of each Borrower and shall remain in effect notwithstanding future changes in conditions, including any change of law or any invalidity or irregularity in the creation or acquisition of any Obligations or in the execution or delivery of any agreement between Agent, any Lender Administrative Agent and any Borrower. Each Borrower shall be liable for existing and future Obligations as fully as if all of the Credit Extensions were advanced to such Borrower. Administrative Agent and each Lender may rely on any certificate or representation made by any Borrower as made on behalf of, and binding on, each Borrowerall Borrowers, including without limitation Revolving Advance Request Forms, the Term Loan Request Form advance request forms and Compliance Certificatescompliance certificates. Each Borrower appoints each other Borrower as its agent with all necessary power and authority to give and receive notices, certificates or demands for and on behalf of each Borrowerall Borrowers, to act as disbursing agent for receipt of any Credit Extensions on behalf of each Borrower and to apply to Administrative Agent (for the ratable benefit of Lenders) on behalf of each Borrower for any Credit ExtensionsExtension, any waivers and any consents. This authorization cannot be revoked, and Administrative Agent and/or any Lender need not inquire as to one BxxxxxxxBorrower’s authority to act for or on behalf of another Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Tabula Rasa HealthCare, Inc.)

Co-Borrowers. 15.1 Co-Borrowers. Borrowers are jointly and severally liable for the Obligations and Administrative Agent and the Lenders any Lender may proceed against one Borrower to enforce the Obligations without waiving its right to proceed against the any other Borrower. This Agreement and the Loan Documents are a primary and original obligation of each Borrower and shall remain in effect notwithstanding future changes in conditions, including any change of law or any invalidity or irregularity in the creation or acquisition of any Obligations or in the execution or delivery of any agreement between Agent, any Lender Administrative Agent and any Borrower. Each Borrower shall be liable for existing and future Obligations as fully as if all of the Credit Extensions were advanced to such Borrower. Administrative Agent and each Lender may rely on any certificate or representation made by any Borrower as made on behalf of, and binding on, each Borrowerall Borrowers, including without limitation Revolving Advance Request Forms, the Term Loan Request Form advance request forms and Compliance Certificatescompliance certificates. Each Borrower appoints each other Borrower as its agent with all necessary power and authority to give and receive notices, certificates or demands for and on behalf of each Borrowerall Borrowers, to act as disbursing agent for receipt of any Credit Extensions on behalf of each Borrower and to apply to Administrative Agent (for the ratable benefit of Lenders) on behalf of each Borrower for any Credit ExtensionsExtension, any waivers and any consents. This authorization cannot be revoked, and Administrative Agent and/or any Lender need not inquire as to one BxxxxxxxBorrower’s authority to act for or on behalf of another Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Tabula Rasa HealthCare, Inc.)

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Co-Borrowers. Borrowers are jointly and severally liable for the Obligations and Agent and the Lenders Lender may proceed against one Borrower to enforce the Obligations without waiving its right to proceed against the other Borrower. This Agreement and the Loan Documents are a primary and original obligation of each Borrower and shall remain in effect notwithstanding future changes in conditions, including any change of law or any invalidity or irregularity in the creation or acquisition of any Obligations or in the execution or delivery of any agreement between Agent, any Lender and any Borrower. Each Borrower shall be liable for existing and future Obligations as fully as if all of the Credit Extensions were advanced to such Borrower. Agent and each Lender may rely on any certificate or representation made by any Borrower as made on behalf of, and binding on, each Borrower, including without limitation Revolving Advance Request Forms, the Term Loan Request Form Forms and Compliance Certificates. Each Borrower appoints each other Borrower as its agent with all necessary power and authority to give and receive notices, certificates or demands for and on behalf of each Borrower, to act as disbursing agent for receipt of any Credit Extensions Advances on behalf of each Borrower and to apply to Agent (for the ratable benefit of Lenders) Lender on behalf of each Borrower for Credit ExtensionsAdvances, any waivers and any consents. This authorization cannot be revoked, and Agent and/or any Lender need not inquire as to one BxxxxxxxBorrower’s authority to act for or on behalf of another Borrower.

Appears in 1 contract

Samples: Business Financing Agreement (ChromaDex Corp.)

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