Liability Cumulative Sample Clauses

Liability Cumulative. The liability of each Loan Party as a Loan Guarantor under this Article X is in addition to and shall be cumulative with all liabilities of each Loan Party to the Administrative Agent, the Issuing Bank and the Lenders under this Agreement and the other Loan Documents to which such Loan Party is a party or in respect of any obligations or liabilities of the other Loan Parties, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Liability Cumulative. The liability of each Borrower under this Article 3 (Personal Liability) is in addition to and shall be cumulative with all liabilities of such Borrower to Lender under this Master Agreement and all the other Loan Documents to which such Borrower is a party or in respect of any Indebtedness of any other Borrower.
Liability Cumulative. 63 -iv- INDEX OF APPENDICES Annex A (Recitals) - Definitions Annex B (Section 1.2) - Letters of Credit Annex C (Section 1.8) - Cash Management System Annex D (Section 2.1(a)) - Closing Checklist Annex E (Section 4.1(a)) - Financial Statements and Projections -Reporting Annex F (Section 6.10) - Financial Covenants Annex G (Section 9.9(a)) - Lenders' Wire Transfer Information Annex H (Section 11.10) - Notice Addresses Annex I (from Annex A- Commitments definition) - Commitments as of Closing Date Exhibit 1.1(a)(i) - Form of Notice of Revolving Credit Advance Exhibit 1.1(a)(ii) - Form of Revolving Note Exhibit 1.5(e) - Form of Notice of Conversion/Continuation Exhibit 9.1(a) - Form of Assignment Agreement Schedule 1.1 - Agent's Representatives Disclosure Schedule 3.1 - Type of Entity; State of Organization Disclosure Schedule 3.2 - Executive Offices; Collateral Locations; FEIN Disclosure Schedule 3.4(a) - Financial Statements Disclosure Schedule 3.4(c) - Projections Disclosure Schedule 3.6 - Real Estate and Leases Disclosure Schedule 3.7 - Labor Matters Disclosure Schedule 3.8 - Ventures, Subsidiaries and Affiliates; Outstanding Stock Disclosure Schedule 3.11 - Tax Matters Disclosure Schedule 3.12 - ERISA Plans Disclosure Schedule 3.13 - Litigation Disclosure Schedule 3.15 - Intellectual Property Disclosure Schedule 3.17 - Hazardous Materials Disclosure Schedule 3.18 - Insurance Disclosure Schedule 3.19 - Deposit and Disbursement Accounts Disclosure Schedule 3.22 - Material Agreements Disclosure Schedule 5.1 - Trade Names Disclosure Schedule 6.3 - Indebtedness Disclosure Schedule 6.4(a) - Transactions with Affiliates Disclosure Schedule 6.7 - Existing Liens CREDIT AGREEMENT This CREDIT AGREEMENT dated as of May 14, 2004 among ODYSSEY HEALTHCARE OPERATING A, LP, a Delaware limited partnership ("OpCoA"), ODYSSEY HEALTHCARE OPERATING B, LP, a Delaware limited partnership ("OpCoB"), HOSPICE OF THE PALM COAST,INC., a Florida not for profit corporation ("Palm Coast"; OpCoA, OpCoB and Palm Coast being referred to together as the "Borrowers" and each individually as a "Borrower"), the other Credit Parties signatory hereto; GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (in its individual capacity, "GE Capital"), for itself, as Lender, and as Agent for Lenders; and the other Lenders signatory hereto from time to time.
Liability Cumulative. The liability of the Parent Borrower under this Article VIII is in addition to and shall be cumulative with all liabilities of the Parent Borrower to the Agents, the Issuing Lenders and the Lenders under this Agreement and the Notes to which the Parent Borrower is a party.
Liability Cumulative. 66 12.9 Subordination............................................................................... 66 INDEX OF APPENDICES Annex A (Recitals) - Definitions Annex B (Section 1.2) - Letters of Credit ----------- Annex C (Section 1.8) - Cash Management System ----------- Annex D (Section 2.1(a)) - Closing Checklist -------------- Annex D-1 Mortgaged Properties Annex E (Section 4.1(a)) - Financial Statements and -------------- Projections--Reporting Annex F (Section 4.1(b)) - Collateral Reports -------------- Annex G (Section 6.10) - Financial Covenants ------------ Annex H (Section 9.9(a)) - Lenders' Wire Transfer Information -------------- Annex I (Section 11.10) - Notice Addresses ------------- Annex J (from Annex A Commitments definition) - Commitments as of Closing Date
Liability Cumulative. 177 SECTION 11.11 Common Enterprise .............................................................................. 177 ARTICLE XII. THE BORROWER REPRESENTATIVE ...................................................................... 177 SECTION 12.01 Appointment; Nature of Relationship ................................................... 177 SECTION 12.02 Powers................................................................................................... 178 SECTION 12.03 Employment of Agents ......................................................................... 178 SECTION 12.04 Notices .................................................................................................. 178 SECTION 12.05 Successor Borrower Representative ..................................................... 178 SECTION 12.06 Execution of Loan Documents; Borrowing Base Certificate ............... 178 SECTION 12.07 Reporting .............................................................................................. 178 TABLE OF CONTENTS (continued) v SCHEDULES:* Schedule 1.01(a) – Commitment Schedule Schedule 1.01(b) – Existing Letters of Credit Schedule 1.01(d) – Immaterial Subsidiaries Schedule 3.02 – Capitalization; Subsidiaries; Joint Ventures Schedule 3.10(a) – Real Property Schedule 3.10(b) – Intellectual Property Schedule 3.11 – Insurance Schedule 3.12 – Canadian Pension Plans Schedule 3.19 – Credit Card Arrangements Schedule 5.17 – Post-Closing Covenants Schedule 6.01 – Existing Indebtedness Schedule 6.02 – Existing Investments Schedule 6.03 – Existing Contractual Encumbrances and Restrictions Schedule 6.05 – Existing Affiliate Transactions Schedule 6.07 – Existing Liens EXHIBITS:* Exhibit AForm of Assignment and Assumption Exhibit BForm of Borrowing Base Certificate Exhibit CForm of Borrowing Request Exhibit D – Form of Compliance Certificate Exhibit EForm of Interest Election Request Exhibit FForm of Joinder Agreement Exhibit G-1Form of U.S. Tax Certificate (For Foreign Lenders that are not Partnerships for U.S. Federal Income Tax Purposes) Exhibit G-2 – Form of U.S. Tax Certificate (For Foreign Participants that are not Partnerships for U.S. Federal Income Tax Purposes) Exhibit G-3 – Form of U.S. Tax Certificate (For Foreign Participants that are Partnerships for U.S. Federal Income Tax Purposes) Exhibit G-4 – Form of U.S. Tax Certificate (For Foreign Lenders that are Partnerships for U.S. Federal Income Tax Purposes) *Schedule 1.01(a) (Com...
Liability Cumulative. The liability of each Guarantor under this Note Guarantee is in addition to and shall be cumulative with all liabilities of each Guarantor to the Noteholders under the Note Purchase Agreement, the Notes and the other Financing Documents to which such Guarantor is a party or in respect of any obligations or liabilities of the other Guarantors, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Liability Cumulative. The liability of each Loan Party Guarantor as a guarantor under this Article XVI is in addition to and shall be cumulative with all liabilities of each Loan Party Guarantor to the Agent, the Issuer and the Lenders under this Agreement and the Other Documents to which such Loan Party Guarantor is a party or in respect of any obligations or liabilities of the other Obligated Parties, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary. EXECUTION COPY Each of the parties has signed this Agreement as of the day and year first above written. ATTEST: TECHNICAL CONSUMER PRODUCTS, INC. By: /s/ Xxxxx Xxx Name: Xxxxx Xxx Title: CEO PNC BANK, NATIONAL ASSOCIATION, as Lender and as Agent By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: SVP 00 Xxxx 00xx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Commitment Percentage: 100% STATE OF OHIO ) ) ss. COUNTY OF CUYAHOGA ) On this 11 day of December, 2009, before me personally came Xxxxx Xxx, to me known, who, being by me duly sworn, did depose and say that s/he is the CEO of Technical Consumer Products, Inc., the corporation described in and which executed the foregoing instrument; and that s/he signed her/his name thereto by order of the board of directors of said corporation. /s/ Xxxxx X. Xxxxxx Notary Public STATE OF OHIO ) ) ss. COUNTY OF CUYAHOGA ) On this 10 day of December, 2009, before me personally came Xxxxxxx X. Xxxxxx, to me known, who, being by me duly sworn, did depose and say that s/he is the SVP of PNC BANK, NATIONAL ASSOCIATION, and that s/he was authorized to sign her/his name thereto. /s/ Xxxxxx Xxx Xxxxxx Notary Public List of Exhibits and Schedules Exhibits
Liability Cumulative. 68 INDEX OF APPENDICES