Liability Cumulative. The liability of Borrowers under this Section 12 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 55 contracts
Samples: Credit Agreement (Blount International Inc), Credit Agreement (Blount International Inc), Credit Agreement (H&E Equipment Services, Inc.)
Liability Cumulative. The liability of Borrowers under this Section 12 2.12 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 19 contracts
Samples: Loan and Security Agreement (Rubicon Technologies, Inc.), Loan and Security Agreement (Rubicon Technologies, Inc.), Loan and Security Agreement (Trans World Entertainment Corp)
Liability Cumulative. The liability of Borrowers under this Section 12 13.02 is in addition to and shall be cumulative with all liabilities of each Borrower to the Administrative Agent and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 6 contracts
Samples: Credit and Guaranty Agreement (AdaptHealth Corp.), Engine Lease Agreement (Mesa Air Group Inc), Credit and Guaranty Agreement (AdaptHealth Corp.)
Liability Cumulative. The liability of Borrowers under this Section 12 14 is in addition to and shall be cumulative with all liabilities of each Borrower to Administrative Agent and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other BorrowerBorrowers, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 5 contracts
Samples: Loan, Security and Guaranty Agreement (Quest Resource Holding Corp), Loan, Security and Guaranty Agreement (Quest Resource Holding Corp), Loan, Security and Guaranty Agreement (Quest Resource Holding Corp)
Liability Cumulative. The liability of Borrowers under this Section 12 11 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders Lender under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 5 contracts
Samples: Loan and Security Agreement (Diversified Corporate Resources Inc), Loan and Security Agreement (Harmony Holdings Inc), Loan and Security Agreement (Intelefilm Corp)
Liability Cumulative. The liability of Borrowers under this Section 12 2.13 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 5 contracts
Samples: Credit Agreement (Performance Health Holdings Corp.), Credit Agreement (Performance Health Holdings Corp.), Second Lien Credit Agreement (Performance Health Holdings Corp.)
Liability Cumulative. The liability of Borrowers under this Section 12 11 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders each Lender under this Agreement and the other Loan Documents Ancillary Agreements to which such Borrower is a party or in respect of any Obligations Liabilities or obligation of the other BorrowerBorrowers, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 5 contracts
Samples: Loan and Security Agreement (ModusLink Global Solutions Inc), Loan and Security Agreement (Cmgi Inc), Loan and Security Agreement (Cmgi Inc)
Liability Cumulative. The liability of Borrowers under this Section 12 13 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 4 contracts
Samples: Credit Agreement (XPO Logistics, Inc.), Credit Agreement (XPO Logistics, Inc.), Credit Agreement (XPO Logistics, Inc.)
Liability Cumulative. The liability of Borrowers under this Section Article 12 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders the Secured Parties under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 4 contracts
Samples: Revolving Credit Agreement (Silver Bay Realty Trust Corp.), Revolving Credit Agreement (Silver Bay Realty Trust Corp.), Revolving Credit Agreement (Vinebrook Homes Trust, Inc.)
Liability Cumulative. The liability of Borrowers each Borrower under this Section Article 12 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders the Lender under this Agreement and the other Loan Documents Financing Agreements to which such Borrower is a party or in respect of any Obligations obligations or obligation liabilities of the other BorrowerBorrowers, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 4 contracts
Samples: Term Loan and Security Agreement (Summit Healthcare REIT, Inc), Term Loan and Security Agreement (Summit Healthcare REIT, Inc), Term Loan and Security Agreement (Summit Healthcare REIT, Inc)
Liability Cumulative. The liability of Borrowers under this Section 12 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders Lender under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 4 contracts
Samples: Loan and Security Agreement (Planetout Inc), Loan Agreement (Asta Funding Inc), Loan Agreement (Asta Funding Inc)
Liability Cumulative. The liability of Borrowers under this Section 12 10 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 3 contracts
Samples: Credit Agreement (Penhall International Corp), Credit Agreement (Golfsmith International Holdings Inc), Credit Agreement (Golfsmith International Holdings Inc)
Liability Cumulative. The liability of Borrowers under this Section 12 is in addition to and shall be cumulative with all liabilities of each Borrower to Administrative Agent and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 3 contracts
Samples: Credit Agreement (Bon Ton Stores Inc), Credit Agreement (Bon Ton Stores Inc), Loan Agreement (Asta Funding Inc)
Liability Cumulative. The liability of Borrowers each Borrower under this Section 12 Article 14 is in addition to and shall be cumulative with all liabilities of each such Borrower to Agent and Lenders Lender under this Agreement and all the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other any Other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 3 contracts
Samples: Master Credit Facility Agreement (Bre Properties Inc /Md/), Master Credit Facility Agreement (Newcastle Investment Corp), Master Credit Facility Agreement (Colonial Properties Trust)
Liability Cumulative. The liability of Borrowers under this Section 12 ARTICLE 9 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders the Holders under this Agreement and the other Loan Transaction Documents to which such Borrower is a party or in respect of any Obligations obligations under the Transaction Documents or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 3 contracts
Samples: Financing Agreement (Unigene Laboratories Inc), Financing Agreement (Unigene Laboratories Inc), Financing Agreement (Jamba, Inc.)
Liability Cumulative. The liability of Borrowers under this Section SECTION 12 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 3 contracts
Samples: Credit Agreement (Ddi Corp), Credit Agreement (Ddi Corp), Credit Agreement (Track N Trail Inc)
Liability Cumulative. The liability of Borrowers under this Section 12 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other BorrowerBorrowers, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 3 contracts
Samples: Credit Agreement (Finlay Fine Jewelry Corp), Credit Agreement (Life Time Fitness Inc), Credit Agreement (Sothebys Holdings Inc)
Liability Cumulative. The liability of Borrowers under this Section 12 Article 11 is in addition to and shall be cumulative with all liabilities of each Borrower to Administrative Agent and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, Borrowers without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 2 contracts
Samples: Loan and Security Agreement (Us Lec Corp), Loan and Security Agreement (Us Lec Corp)
Liability Cumulative. The liability of Borrowers under this Section 12 11 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders Lender under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other BorrowerBorrowers, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 2 contracts
Samples: Loan and Security Agreement (Marlton Technologies Inc), Loan and Security Agreement (Centrum Industries Inc)
Liability Cumulative. The liability of the Borrowers under this Section 12 15 is in addition to and shall be cumulative with all liabilities of each Borrower to the Agent and the Lenders under this Agreement and the other Loan Documents Financing Agreements to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 2 contracts
Samples: Loan and Security Agreement (Lois/Usa Inc), Loan and Security Agreement (Lois/Usa Inc)
Liability Cumulative. The liability of Borrowers under this Section 12 13 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders Lender under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other BorrowerBorrowers, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 2 contracts
Samples: Credit Agreement (National Automation Services Inc), Credit Agreement (National Automation Services Inc)
Liability Cumulative. The liability of Borrowers each Borrower under this Section 12 13 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders the Lender under this Agreement and the other Loan Documents Financing Agreements to which such Borrower is a party or in respect of any Obligations obligations or obligation liabilities of the other BorrowerBorrowers, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 2 contracts
Samples: Subordinated Term Loan and Security Agreement (Summit Healthcare REIT, Inc), Term Loan and Security Agreement (Summit Healthcare REIT, Inc)
Liability Cumulative. The liability of Borrowers under this Section 12 is in addition to and shall be cumulative with all liabilities of each Borrower to either Agent and Lenders or any Lender under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 2 contracts
Samples: Credit Agreement (Wesco International Inc), Credit Agreement (Wesco International Inc)
Liability Cumulative. The liability of Borrowers under this Section 12 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent, Canadian Agent and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 2 contracts
Samples: Credit Agreement (Blount International Inc), Credit Agreement (Blount International Inc)
Liability Cumulative. The liability of Borrowers under this Section 12 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders under this Agreement and the other Loan Credit Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 2 contracts
Samples: Credit Agreement (Imagyn Medical Technologies Inc), Credit Agreement (Imagyn Medical Technologies Inc)
Liability Cumulative. The liability of Borrowers under this Section 12 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Secured Obligations or obligation of the other BorrowerBorrowers, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary. [Remainder of page intentionally left blank.]
Appears in 2 contracts
Samples: Credit Agreement (Sothebys), Credit Agreement (Sothebys)
Liability Cumulative. The liability of Borrowers under this Section 12 is in addition to and shall be cumulative with all liabilities Liabilities of each Borrower Borrowers to Agent and Lenders Lender under this Agreement and the other Loan Related Documents to which such Borrower is a party or in respect of any Obligations Liabilities or obligation of the other BorrowerBorrowers, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 2 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement
Liability Cumulative. The liability of Borrowers under this Section 12 9 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders the Lender under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other BorrowerBorrowers, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 2 contracts
Samples: Loan and Security Agreement (Workstream Inc), Loan and Security Agreement (Workstream Inc)
Liability Cumulative. The liability of Borrowers under this Section 12 -------------------- 11 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders Lender under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 2 contracts
Samples: Loan and Security Agreement (Nutrition for Life International Inc), Loan and Security Agreement (Advanced Nutraceuticals Inc/Tx)
Liability Cumulative. The liability of the Borrowers under this Section Article 12 is in addition to and shall be cumulative with all liabilities of each Borrower to the Administrative Agent and the Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 2 contracts
Samples: Credit Agreement (Rush Enterprises Inc \Tx\), Credit Agreement (Rush Enterprises Inc \Tx\)
Liability Cumulative. The liability of Borrowers under this Section 12 Article 11 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders the Lender Parties under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations Indebtedness or obligation of the other BorrowerBorrowers, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 2 contracts
Samples: Loan and Security Agreement (Carbiz Inc), Loan and Security Agreement (Carbiz Inc)
Liability Cumulative. The liability of Borrowers under this -------------------- Section 12 is in addition to and shall be cumulative with all liabilities of ---------- each Borrower to Agent Agents and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 1 contract
Liability Cumulative. The liability of Borrowers under this Section 12 13 is in addition to and shall be cumulative with all liabilities Obligations of each Borrower Borrowers to Agent and Lenders Bank under this Agreement and the other Loan Documents to which such Borrower is Borrowers are a party or in respect of any Obligations or obligation of the other BorrowerBorrowers, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 1 contract
Liability Cumulative. The liability of Borrowers under this Section 12 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.. 109
Appears in 1 contract
Liability Cumulative. The liability of Borrowers under this Section 12 11.28 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders Lender under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 1 contract
Samples: Loan Agreement (Ensign Group, Inc)
Liability Cumulative. The liability of Borrowers under this Section Article 12 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders the Secured Parties under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.. 121
Appears in 1 contract
Samples: Revolving Credit Agreement (Silver Bay Realty Trust Corp.)
Liability Cumulative. The liability of Borrowers under this Section 12 2.10 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 1 contract
Samples: Loan and Security Agreement (Rubicon Technologies, Inc.)
Liability Cumulative. The liability of Borrowers under this Section 12 14 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders under this Agreement and the other Loan Documents Financing Agreements to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 1 contract
Samples: Loan and Security Agreement (Keystone Consolidated Industries Inc)
Liability Cumulative. The liability of Borrowers under this Section 12 13 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders Lender under this Agreement and the other Loan Documents Financing Agreements to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 1 contract
Liability Cumulative. The liability of Borrowers under this Section SECTION 12 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent Agents and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 1 contract
Liability Cumulative. The liability of Borrowers under this Section 12 Article 10 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders the Lender Parties under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations Indebtedness or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 1 contract
Liability Cumulative. The liability of Borrowers Term Borrower and each US Borrower under this Section 12 is in addition to and shall be cumulative with all liabilities of Term Borrower and each US Borrower to Agent Agents and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 1 contract
Samples: Credit Agreement (Westaff Inc)
Liability Cumulative. The liability of Borrowers each Borrower under this Section 12 Article 15 is in addition to and shall be cumulative with all liabilities of each Borrower to the Agent and the Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations obligations or obligation liabilities of the other BorrowerBorrowers, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 1 contract
Liability Cumulative. The liability of Borrowers under this --------------------- Section 12 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 1 contract
Samples: Credit Agreement (American Eco Corp)
Liability Cumulative. The liability of Borrowers under this Section 12 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent Agent, Revolving Credit Agent, and Lenders under this Agreement and the other Loan Operative Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 1 contract
Liability Cumulative. The liability of Borrowers under this Section 12 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.]
Appears in 1 contract
Liability Cumulative. The liability of Borrowers under this Section 12 11 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 1 contract
Liability Cumulative. The liability of the Borrowers under this Section Article 12 is in addition to and shall be cumulative with all liabilities of each Borrower to the Administrative Agent and the Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.. FOURTH AMENDED AND RESTATED CREDIT AGREEMENT RUSH ENTERPRISES, INC. 77
Appears in 1 contract
Liability Cumulative. The liability of Borrowers under this Section SECTION 12 is in addition to and shall be cumulative with all liabilities of each Borrower to Administrative Agent and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other BorrowerBorrowers, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 1 contract
Liability Cumulative. The liability of Borrowers under this Section 12 13 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders the other Secured Parties under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.. [SIGNATURE PAGES FOLLOW] 161
Appears in 1 contract
Liability Cumulative. The liability of Borrowers under this Section 12 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.. LEGAL_US_E # 82813718.7 ANNEX A (Recitals) to
Appears in 1 contract
Samples: Credit Agreement (Milacron Inc)
Liability Cumulative. The liability of Borrowers under this Section 12 13A is in addition to and shall be cumulative with all liabilities of each Borrower to Agent the Administrative Agents and Revolving Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Revolving Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 1 contract
Liability Cumulative. The liability of Borrowers under this Section 12 10 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary. SECTION 11.
Appears in 1 contract
Samples: Credit and Security Agreement (Osullivan Industries Inc)
Liability Cumulative. 120 . The liability of Borrowers under this Section Article 12 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders the Secured Parties under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 1 contract
Samples: Revolving Credit Agreement (Vinebrook Homes Trust, Inc.)
Liability Cumulative. The liability of Borrowers under this Section 12 9.22 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders the Lender under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 1 contract
Liability Cumulative. The liability of Borrowers under this -------------------- Section 12 14 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders Bank under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 1 contract
Samples: Loan and Security Agreement (SQL Financials International Inc /De)
Liability Cumulative. The liability of Borrowers under this Section 12 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent the Agents and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Secured Obligations or obligation of the other BorrowerBorrowers, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary. [Remainder of page intentionally left blank.]
Appears in 1 contract
Samples: Credit Agreement (Sothebys)
Liability Cumulative. The liability of Borrowers under this Section 12 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Secured Obligations or obligation of the other BorrowerBorrowers, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary. [Remainder of page intentionally left blank.] 92
Appears in 1 contract
Samples: Credit Agreement (Sothebys)
Liability Cumulative. The liability of Borrowers under this Section 12 14 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 1 contract
Liability Cumulative. The liability of Borrowers under this -------------------- Section 12 is in addition to and shall be cumulative with all liabilities of ---------- each Borrower to Agent and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.. [SIGNATURE PAGES FOLLOW] ------------------------
Appears in 1 contract
Liability Cumulative. The liability of Borrowers under this Section 12 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary. [Balance of page intentionally left blank; signature page follows.]
Appears in 1 contract
Samples: Credit Agreement (Akorn Inc)
Liability Cumulative. The liability of Borrowers under this Section 12 13 is in addition to and shall be cumulative with all liabilities of each Borrower to any Agent and Lenders any Lender under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the any other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 1 contract
Liability Cumulative. The liability of Borrowers under this Section 12 13 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other BorrowerBorrowers, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.. [Signature Page Follows]
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Samples: Loan and Security Agreement (D & K Healthcare Resources Inc)
Liability Cumulative. The liability of Borrowers under this Section 12 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent, Collateral Agent and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
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Samples: Credit Agreement (Liposome Co Inc)
Liability Cumulative. The liability of Borrowers under this Section 12 is in addition to and shall be cumulative with all liabilities of each Borrower to Administrative Agent, Term Loan B Agent and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
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Liability Cumulative. The liability of Borrowers each Borrower under this Section 12 12.1 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other BorrowerBorrowers, without any limitation as to amountamount of such liability, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
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Samples: Loan Agreement (PDS Gaming Corp)
Liability Cumulative. The liability of Borrowers under this -------------------- Section 12 is in addition to and shall be cumulative with all liabilities of ---------- each Borrower to Agent and Lenders Lender under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
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Liability Cumulative. The liability of Borrowers under this Section 12 13 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.. 164
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Liability Cumulative. The liability of Borrowers under this Section SECTION 12 is in addition to and shall be cumulative with all liabilities of each Borrower Borrowers to Agent and Lenders under this Agreement and the other Loan Documents to which such Borrower Borrowers is a party or in respect of any Obligations or obligation of the other BorrowerBorrowers, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
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Liability Cumulative. The liability of Borrowers under this Section 12 SECTION 14 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders Lender under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 1 contract
Samples: Credit and Security Agreement (Unapix Entertainment Inc)
Liability Cumulative. The liability of Borrowers under this Section 12 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders Lender under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations Liabilities or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
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Liability Cumulative. The liability of Borrowers under this Section 12 11 -------------------- is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders Lender under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
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Liability Cumulative. The liability of Borrowers under this Section 12 is in addition to and shall be cumulative with all liabilities of each Borrower to each Agent and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
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Liability Cumulative. The liability of Borrowers Borrower under this Section 12 11 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders Lender under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
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Samples: Loan and Security Agreement (Dot Hill Systems Corp)
Liability Cumulative. The liability of the Borrowers under this Section 12 13.02 is in addition to and shall be cumulative with all liabilities of each Borrower to the Administrative Agent and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
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Liability Cumulative. The liability of Borrowers under this Section 12 11 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders Lender under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
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Liability Cumulative. The liability of Borrowers under this Section 12 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.. EXECUTION COPY
Appears in 1 contract
Samples: Credit Agreement (Hockey Co)
Liability Cumulative. The liability of Borrowers under this Section 12 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent the Agents and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Secured Obligations or obligation of the other BorrowerBorrowers, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary. [Remainder of page intentionally left blank.] 106
Appears in 1 contract
Samples: Credit Agreement (Sothebys)
Liability Cumulative. The liability of Borrowers under this Section 12 11.10 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders Bank under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
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Liability Cumulative. The liability of Borrowers under this Section 12 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.. LEGAL_US_E # 82813718.8 ANNEX A (Recitals) to CREDIT AGREEMENT
Appears in 1 contract
Samples: Credit Agreement (Milacron Inc)
Liability Cumulative. The liability of Borrowers under this Section 12 15 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders Lender under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the any other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 1 contract
Samples: Loan and Security Agreement (Blue Star Foods Corp.)
Liability Cumulative. The liability of Borrowers each Borrower under this Section 12 8.13 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders Lender under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations Indebtedness or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 1 contract
Samples: Credit and Security Agreement (Seaway Valley Capital Corp)
Liability Cumulative. The liability of Borrowers under this Section 12 11 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders Lender under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation Obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.. [signature page(s) follow]
Appears in 1 contract
Samples: Credit Agreement (Akorn Inc)
Liability Cumulative. The liability of Borrowers each Borrower under this Section 12 15 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders Lender under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations obligations or obligation liabilities of the other BorrowerBorrowers, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
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Liability Cumulative. The liability of the Borrowers under this Section Article 12 is in addition to and shall be cumulative with all liabilities of each Borrower to the Administrative Agent and the Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary. FIFTH AMENDED AND RESTATED CREDIT AGREEMENT RUSH ENTERPRISES, INC.
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Liability Cumulative. The liability of Borrowers under this Section 12 15 is in addition to and shall be cumulative with all liabilities of each Borrower to the Agent and the Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
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Liability Cumulative. The liability of Borrowers under this Section 12 13B is in addition to and shall be cumulative with all liabilities of each Borrower to Agent the Term Agents and Term Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Term Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
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Liability Cumulative. The liability of Borrowers under this Section 12 11.02 is in addition to and shall be cumulative with all liabilities of each Borrower to Administrative Agent and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other BorrowerBorrowers, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
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Liability Cumulative. The liability of Borrowers under this Section 12 11.18 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders Lender under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other BorrowerBorrowers, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
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Liability Cumulative. The liability of Borrowers under this Section 12 11 is in addition to and shall be cumulative with all liabilities of each Borrower to Administrative Agent and the Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other BorrowerBorrowers, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.. [signature page attached]
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Liability Cumulative. The liability of Borrowers under this Section SECTION 12 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.. Credit Agreement (Omni)
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Liability Cumulative. The liability of Borrowers and Specified Borrowers under this Section 12 is in addition to and shall be cumulative with all liabilities of each Borrower and Specified Borrower to Agent and Lenders under this Agreement and the other Loan Documents to which such Borrower or Specified Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
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Liability Cumulative. The liability of Borrowers under this Section SECTION 12 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other BorrowerBorrowers, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 1 contract
Samples: Credit Agreement (Radio Unica Corp)
Liability Cumulative. The liability of Borrowers under this Section 12 13 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other BorrowerBorrowers, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 1 contract
Samples: Loan and Security Agreement (D & K Healthcare Resources Inc)
Liability Cumulative. The liability of the Borrowers under this Section 12 SECTION 15 is in addition to and shall be cumulative with all liabilities of each Borrower to the Agent and the Lenders under this Agreement and the other Loan Documents Financing Agreements to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.. [SIGNATURE PAGES FOLLOWS]
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Liability Cumulative. The liability of Borrowers under this Section 12 9.15 is in addition to and shall be cumulative with all liabilities of each Borrower to the Agent and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 1 contract
Samples: Revolving Credit Agreement (TNP Strategic Retail Trust, Inc.)
Liability Cumulative. The liability of the Borrowers under this Section Article 12 is in addition to and shall be cumulative with all liabilities of each Borrower to the Administrative Agent and the Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary. THIRD AMENDED AND RESTATED CREDIT AGREEMENT RUSH ENTERPRISES, INC.
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Liability Cumulative. The liability of Borrowers under this Section 12 2.12 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.-28-
Appears in 1 contract
Samples: Loan and Security Agreement (Neos Therapeutics, Inc.)
Liability Cumulative. The liability of the Borrowers under this Section Article 12 is in addition to and shall be cumulative with all liabilities of each Borrower to the Agent, Collateral Agent and the Lenders under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations or obligation of the other Borrower, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Appears in 1 contract
Samples: Credit Agreement (Northland Cable Properties Seven Limited Partnership)
Liability Cumulative. The liability of Borrowers under this Section 12 Article 10 is in addition to and shall be cumulative with all liabilities of each Borrower to Agent and Lenders Lender under this Agreement and the other Loan Documents to which such Borrower is a party or in respect of any Obligations Indebtedness or obligation of the other BorrowerBorrowers, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
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