Examples of U.S. ABL Borrowers in a sentence
US Guaranty and Security Agreement, dated as of December 6, 2018, by each of the US ABL Borrowers and US ABL Guarantors in favor of Wells Fargo Bank, National Association, as agent (incorporated by reference to Exhibit 10.31 of the Current Report on Form 8-K filed by the Company on December 10, 2018).
Notwithstanding any provision contained in this Agreement or any other Credit Document, neither the European Borrower nor any Foreign Subsidiary of Exide U.S. shall be responsible for or be deemed to have guaranteed any Obligations in respect of U.S. Borrower Term Loans, U.S. ABL Borrowers Revolving Loans, U.S. ABL Borrowers Swingline Loans, or U.S. Borrower Letters or Credit or any other Obligations of any U.S. Credit Party under this Agreement or under any of the other Credit Documents.
The obligations of each U.S. ABL Borrower with respect to the U.S. ABL Borrowers Obligations are independent of the obligations of each other U.S. ABL Borrower or any Guarantor under its Guaranty of such U.S. ABL Borrowers Obligations, and a separate action or actions may be brought and prosecuted against each U.S. ABL Borrower, whether or not any other U.S. ABL Borrower or any such Guarantor is joined in any such action or actions.
It is not necessary for the Administrative Agent or any other Lender to inquire into the capacity or powers of any U.S. ABL Borrower or any of its Subsidiaries or the officers, directors, members, partners or agents acting or purporting to act on its behalf, and any U.S. ABL Borrowers Obligations made or created in reliance upon the professed exercise of such powers shall constitute the joint and several obligations of the U.S. ABL Borrowers hereunder.
All Letters of Credit issued for the account of the U.S. ABL Borrowers (each, a “U.S. Borrower Letter of Credit” and collectively, the “U.S. Borrower Letters of Credit”) shall be issued for the joint and several account of the U.S. ABL Borrowers.
In addition to the direct (and joint and several) obligations of the U.S. ABL Borrowers with respect to U.S. ABL Borrowers Obligations as described above, all such U.S. ABL Borrowers Obligations shall be guaranteed pursuant to, and in accordance with the terms of, the U.S. Borrower’s Guaranty and the U.S. Subsidiaries Guaranty.
The European Borrower shall have no liability under this Agreement with respect to any U.S. Borrower Letter of Credit which may be issued to the U.S. ABL Borrowers.
ABL Borrower shall have any rights of contribution or subrogation with respect to any other U.S. ABL Borrower as a result of payments made by it hereunder, in each case unless and until the Total Commitment has been terminated and all U.S. ABL Borrowers Obligations have been paid in full.