Absolute and Unconditional Obligation. Borrower acknowledges that Borrower's obligation to pay the Debt in accordance with the provisions of the Note, the Mortgages and this Agreement is and shall at all times continue to be absolute and unconditional in all respects, and shall at all times be valid and enforceable irrespective of any other agreements or circumstances of any nature whatsoever which might otherwise constitute a defense to the Note, the Mortgages or this Agreement or the obligation of Borrower thereunder to pay the Debt or the obligations of any other Person relating to the Note, the Mortgages or this Agreement or the obligations of Borrower under the Note, the Mortgages or this Agreement or otherwise with respect to the Loan, and Borrower absolutely, unconditionally and irrevocably waives any and all right to assert any defense (other than the defense of payment), setoff, counterclaim or crossclaim of any nature whatsoever with respect to the obligation of Borrower to pay the Debt in accordance with the provisions of the Note, the Mortgages and this Agreement or the obligations of any other Person relating to the Note, the Mortgages or this Agreement or the obligations of Borrower under the Note, the Mortgages or this Agreement or otherwise with respect to the Loan in any action, case or proceeding brought by Lender to collect the Debt, or any portion thereof, or to enforce, foreclose and realize upon the lien and security interest created by the Mortgages or any other document or instrument securing repayment of the Debt, in whole or in part (provided, however, that the foregoing provisions of this sentence shall not be deemed a waiver of the right of Borrower to assert any compulsory counterclaim in any such action, case or proceeding brought by Lender in any state court if such counterclaim is compelled under local law or rule or procedure, or in any such action, case or proceeding brought by Lender in a court of the United States, nor shall the foregoing provisions of this sentence be deemed a waiver of the right of Borrower to assert any claim which would otherwise constitute a defense, setoff, counterclaim or crossclaim of any nature whatsoever against Lender in any separate action, case or proceeding brought by Borrower against Lender).
Absolute and Unconditional Obligation. The related Solar Service Agreement is (or in the case of a New Construction Solar Asset (Non-Identified Customer), will be) by its terms an absolute and unconditional obligation of the Host Customer to pay for electricity generated and delivered or that will be generated and delivered by the related PV System to such Host Customer after the related PV System has been Placed in Service, and the payment obligations under the related Solar Service Agreement do not (or in the case of a New Construction Solar Asset (Non-Identified Customer), will not) provide for offset for any reason, including without limitation non-payment or non-performance by the Parent or any assignee thereof under any Customer Warranty Agreement or Performance Guaranty.
Absolute and Unconditional Obligation. The related Customer Agreement is by its terms an absolute and unconditional obligation of the Host Customer to pay for electricity generated and delivered or will be generated and delivered by the related PV System to such Host Customer after the related PV System has received permission to operate from the local utility in writing or in such other form as is customarily given by such local utility (“PTO”), and such payment obligations under the related Customer Agreement do not provide for offset for any reason including non-payment or non-performance under any customer warranty agreement or performance guaranty provided to the applicable Host Customer; provided, however, that [***].
Absolute and Unconditional Obligation. The related Customer Agreement is by its terms an absolute and unconditional obligation of the Customer to pay for electricity generated and delivered or will be generated and delivered by the related System to such Customer after the related System has received permission to operate from the local utility in writing or in such other form as is customarily given by such local utility (“PTO”), and such payment obligations under the related Customer Agreement do not provide for offset for any reason.
Absolute and Unconditional Obligation. Borrower acknowledges that Borrower’s obligation to pay the Debt in accordance with the provisions of the Note and this Agreement is and shall at all times continue to be absolute and unconditional in all respects, and shall at all times be valid and enforceable irrespective of any other agreements or circumstances of any nature whatsoever which might otherwise constitute a defense to the Note or this Agreement or the obligation of Borrower thereunder to pay the Debt or the obligations of any other Person relating to the Loan Documents or the Obligations of Borrower under the Loan Documents or otherwise with respect to the Loan, and Borrower absolutely, unconditionally and irrevocably waives any and all right to assert any defense, setoff, counterclaim or cross-claim of any nature whatsoever with respect to the obligation of Borrower to pay the Debt in accordance with the provisions of the Note and this Agreement or the obligations of any other Person relating to the Loan Documents or Obligations of Borrower under the Loan Documents or otherwise with respect to the Loan in any action or proceeding brought by Lender to collect the Debt, or any portion thereof, or to enforce, foreclose and realize upon the lien and security interest created by this Agreement or any other document or instrument securing repayment of the Debt, in whole or in part.
Absolute and Unconditional Obligation. 71 -ii- TABLE OF CONTENTS (continued) Section 14.4. Relationship........................................71 Section 14.5. Anti-Forfeiture.....................................71 Section 14.6. Deposits............................................72
Absolute and Unconditional Obligation. The Company's obligations to issue and deliver Warrant Shares in accordance with the terms hereof are absolute and unconditional, irrespective of any action or inaction by the Holder to enforce the same, the recovery of any judgment against any Person or any action to enforce the same, or any setoff, counterclaim, recoupment, limitation or termination, or any breach or alleged breach by the Holder or any other Person of any obligation to the Company or any violation or alleged violation of law by the Holder or any other Person. Nothing herein shall limit the Holder's right to pursue any other remedies available to it hereunder, at law or in equity, including, without limitation, a decree of specific performance and/or injunctive relief with respect to the Company's failure to timely deliver certificates representing Warrant Shares upon exercise of the Warrant as required pursuant to the terms hereof.
Absolute and Unconditional Obligation. The related Solar Service Agreement is by its terms an absolute and unconditional obligation of the Host Customer to pay for electricity generated and delivered or that will be generated and delivered by the related PV System to such Host Customer after the related PV System has been Placed in Service, and the payment obligations under the related Solar Service Agreement do not provide for offset for any reason, including without limitation non-payment or non-performance by SEC or any assignee thereof under any Customer Warranty Agreement or Performance Guaranty.
Absolute and Unconditional Obligation. 71 -ii- TABLE OF CONTENTS ----------------- (continued)
Absolute and Unconditional Obligation. The Grantor acknowledges that the Grantor’s obligation to pay the Obligations in accordance with the Note, this Deed of Trust and the other Loan Documents is and shall at all times continue to be absolute and unconditional in all respects, and shall at all times be valid and enforceable irrespective of any other agreements or circumstances of any nature whatsoever which might otherwise constitute a defense to the payment of the Obligations in accordance with the Note, this Deed of Trust or the other Loan Documents, and the Grantor absolutely, unconditionally and irrevocably waives any and all right to assert any defense, setoff, counterclaim or crossclaim of any nature whatsoever with respect to the payment of the Obligations in accordance with the provisions of the Note, this Deed of Trust and the other Loan Documents or otherwise with respect to the Obligations secured hereby in any action or proceeding brought to collect the Obligations, or any portion thereof, or to enforce, the trust or foreclose and realize upon the Beneficiary’s interest in the Trust Property created by this Deed of Trust.
