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:
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.
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. (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). 42 (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 o...
Co Borrower Provisions. (a) Each Borrower's obligations are independent obligations and are absolute and unconditional. Each Borrower, to the extent permitted by law, hereby waives any defense to such obligations that may arise by reason of the disability or other defense or cessation of liability of any other Borrower for any reason other than payment in full. Each Borrower also waives any defense to such obligations that it may have as a result of Agent's election of, or failure to exercise any right, power, or remedy, including, without limitation, the failure to proceed first against such other Borrower or any security it holds for such other Borrower's obligations under any Loan Document, if any. Without limiting the generality of the foregoing, each Borrower expressly waives all demands and notices whatsoever (except for any demands or notices, if any, that such Borrower expressly is entitled to receive pursuant to the terms of any Loan Document), and consents and agrees that Agent and/or the Lending Entities may, without notice (except for such notice, if any, as such Borrower expressly is entitled to receive pursuant to the terms of any Loan Document) and without releasing the liability of such Borrower, extend for the benefit of any other Borrower the time for making any payment, waive or extend the performance of any agreement or make any settlement of any agreement for the benefit of any other Borrower, and may proceed against each Borrower, directly and independently of any other Borrower, as such obligee may elect in accordance with this Agreement.
Co Borrower Provisions. (a) The handling of this credit facility as a co-borrowing facility in the manner set forth in this Agreement is solely as an accommodation to each Borrower and its request. The Agent shall not incur any liability to any Borrower as a result thereof. To induce the Agent to do so and in consideration thereof, each Borrower hereby jointly and severally indemnifies the Agent and holds the Agent harmless from and against any and all liabilities, expenses, losses, damages and claims of damage or injury asserted against the Agent by any Person arising from or incurred by reason of the handling of the financing arrangements of each Borrower as provided herein.
Co Borrower Provisions. (a) Each Borrower hereby absolutely and unconditionally guarantees to Lender, the prompt payment and performance when due, whether at stated maturity, upon acceleration or otherwise, and at all times thereafter, of the Obligations, including, without limitation, all costs, fees and expenses including, without limitation, all court costs and attorneys' and paralegals' fees and expenses paid or incurred by Lender in endeavoring to collect all or any part of the Obligations from, or in prosecuting any action against, any Borrower or any other Loan Party. Each Borrower hereby agrees that it is jointly and severally liable for all of the Obligations as a primary obligor and not merely as surety. Each Borrower further agrees that the Obligations may be extended or renewed in whole or in part without notice to or further assent from it, and that it remains bound upon its guarantee notwithstanding any such extension or renewal. The guaranty provided hereunder is a guaranty of payment and not of collection. Each Borrower waives any right to require Lender to xxx any other Borrower or any other Loan Party, or otherwise to enforce its payment against any collateral securing all or any part of the Obligations. Each Borrower is jointly and severally liable for all amounts due to Lender under this Agreement and the other Loan Documents, regardless of which Borrower actually receives Loans or other extensions of credit hereunder or the amount of such Loans received or the manner in which Lender accounts for such Loans or other extensions of credit on its books and records. Each Borrower acknowledges that Loans and/or any Letter of Credit may be issued to any one or more Borrowers and that each Borrower is jointly and severally liable for such Loans and/or any Letter of Credit issued by Lender.
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. For purposes of this Section 11.19, CSSE and SMV are referred to collectively, as the “Borrowers” and each as a “Borrower”. The Borrowers hereby acknowledge, understand, covenant and agree that:
Co Borrower Provisions. (a) This Agreement has been fully executed by each of Operating Borrower, REIT Borrower and Trust Borrower who are referred to in this Agreement individually, collectively, interchangeably, and jointly and severally as "Borrower". Unless specifically stated to the contrary, the word "Borrower" as used in this Agreement, including, without limitation, as used in all representations, warranties, and covenants, shall apply to each of Operating Borrower, REIT Borrower and Trust Borrower, or any of them, and the duties, obligations and liabilities of Borrower hereunder shall be joint and several.
