Common use of Borrower’s Obligations Unconditional Clause in Contracts

Borrower’s Obligations Unconditional. The obligations of Borrower to perform and observe the other agreements on its part contained herein shall be absolute and unconditional and payment of the Loan and Additional Charges and all other payments required of Borrower hereunder or under the Note shall be paid without notice or demand and without set off, counterclaim, or defense for any reason and without abatement or deduction or defense. Borrower will not suspend or discontinue any such payments, will perform and observe all of its other agreements in this Loan Agreement and will not terminate this Loan Agreement for any cause, including, but not limited, to any acts or circumstances that may constitute failure of consideration, destruction or damage to the Project or Borrower’s business, the taking of the Project or Borrower’s business by condemnation or otherwise, the lawful prohibition of Borrower’s use of the Project or Borrower’s business, the interference with such use by any private person or corporation, the invalidity or unenforceability or lack of due authorization or other infirmity of this Loan Agreement, the lack of right, power or authority of the Issuer to enter into this Loan Agreement, eviction by paramount title, commercial frustration of purpose, bankruptcy or insolvency of the Issuer or the Bondowner Representative, change in the tax or other laws or administrative rulings or actions of the United States of America or of the State or any political subdivision thereof, or failure of the Issuer to perform and observe any agreement, whether express or implied, or any duty, liability or obligation arising out of or connected with this Loan Agreement, or for any other cause whether similar or dissimilar to the foregoing, any present or future law to the contrary notwithstanding, it being the intention of the parties hereto that the payment of the Loan and other amounts payable by Borrower hereunder or under the Note shall be paid in full when due without any delay or diminution whatever.

Appears in 3 contracts

Samples: Loan Agreement, Loan Agreement, Loan Agreement

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Borrower’s Obligations Unconditional. The obligations of the Borrower to perform and observe the other agreements on its part contained herein shall be absolute and unconditional and payment of the Loan and Additional Charges Loan, additional charges and all other payments required of the Borrower hereunder or under the Note shall be paid without notice or demand and without set off, counterclaim, or defense for any reason and without abatement or deduction or defense. The Borrower will not suspend or discontinue any such payments, and will perform and observe all of its other agreements in this Loan Agreement and Agreement, and, except as expressly permitted with respect to prepayment of the Note, will not terminate this Loan Agreement for any cause, including, but not limitedlimited to, to any acts or circumstances that may constitute failure of consideration, destruction or damage to the Project or the Borrower’s business, the taking of the Project or the Borrower’s business by condemnation or otherwise, the lawful prohibition of the Borrower’s use of the Project or the Borrower’s business, the interference with such use by any private person or corporation, the invalidity or unenforceability or lack of due authorization or other infirmity of this Loan Agreement, the lack of right, power or authority of the Issuer to enter into this Loan Agreement, eviction by paramount title, commercial frustration of purpose, bankruptcy or insolvency of the Issuer or the Bondowner RepresentativeTrustee, change in the tax or other laws or administrative rulings or actions of the United States of America or of the State or any political subdivision thereof, or failure of the Issuer to perform and observe any agreement, whether express or implied, or any duty, liability or obligation arising out of or connected with this Loan Agreement, or for any other cause whether similar or dissimilar to the foregoing, any present or future law to the contrary notwithstanding, it being the intention of the parties hereto that the payment of the Loan and other amounts payable by the Borrower hereunder or under the Note shall be paid in full when due without any delay or diminution whatever.

Appears in 2 contracts

Samples: Indenture of Trust, Indenture of Trust

Borrower’s Obligations Unconditional. The obligations of Borrower to perform and observe the other agreements on its part contained herein shall be absolute and unconditional and payment of the Loan All Basic Payments and Additional Charges and all other payments required of the Borrower hereunder or under the Note shall be paid without notice or demand and without set offsetoff, counterclaim, or defense for any reason and without abatement or deduction or defensedefense (except as provided in Sections 8.2 and 9.13 hereof). The Borrower will not suspend or discontinue any such payments, and will perform and observe all of its other agreements in this Loan Agreement Agreement, and, except as expressly permitted in Sections 7.8 and 8.4 hereof, will not terminate this Loan Agreement for any cause, including, including but not limited, limited to any acts or circumstances that may constitute failure of consideration, destruction or damage to the Project or the Borrower’s business, the taking of the Project or the Borrower’s business by condemnation Condemnation or otherwise, the lawful prohibition of the Borrower’s use of the Project or the Borrower’s business, the interference with such use by any private person or corporationPerson, the invalidity or unenforceability or lack of due authorization or other infirmity of this Loan Agreement, the lack of right, power or authority of the Issuer to enter into this Loan Agreement, eviction by paramount title, commercial frustration of purpose, bankruptcy or insolvency of the Issuer or the Bondowner RepresentativeTrustee, change in the tax or other laws or administrative rulings or actions of the United States of America or of the State or any political subdivision thereof, or failure of the Issuer to perform and observe any agreement, whether express or implied, or any duty, liability or obligation arising out of or connected with this Loan Agreement, or for any other cause whether similar or dissimilar to the foregoing, any present or future law to the contrary notwithstanding, it being the intention of the parties hereto that the payment of the Loan Basic Payments and other amounts payable by the Borrower hereunder or under the Note shall be paid in full when due without any delay or diminution whatever. Pursuant to the Guaranty, the Guarantor has guaranteed the payments of the Borrower required under Sections 4.2 and 4.4 hereof.

Appears in 2 contracts

Samples: Subordinate Loan Agreement, Subordinate Loan Agreement

Borrower’s Obligations Unconditional. The obligations of Borrower to perform and observe the other agreements on its part contained herein shall be absolute and unconditional and payment of the Loan and Additional Charges and all other All payments required of the Borrower hereunder or under the Note shall be paid without notice or demand and without set set-off, counterclaim, or defense for any reason and without abatement or deduction or defense. The Borrower will not suspend or discontinue any such payments, and will perform and observe all of its other agreements in this Loan Agreement Agreement, and will not terminate this Loan Agreement for any cause, including, including but not limited, limited to any acts or circumstances that may constitute failure of consideration, destruction or damage to the Project Project, or the Borrower’s 's business, the taking of the Project or Borrower’s business by condemnation or otherwise, the lawful prohibition of the Borrower’s 's use of the Project Project, or the Borrower’s 's business, the interference with such use by any private person or corporation, the invalidity or unenforceability or lack of due authorization or other infirmity of this Loan Agreement, the or lack of right, power or authority of the Issuer to enter into this Loan Agreement, eviction by paramount title, commercial frustration of purpose, bankruptcy or insolvency of the Issuer or the Bondowner RepresentativeIssuer, change in the tax or other laws or administrative rulings or actions of the United States of America or of the State or any political subdivision municipal corporation thereof, or failure of the Issuer to perform and observe any agreement, whether express or implied, implied or any duty, liability or obligation arising out of or connected with this Loan Agreement, or for any other cause whether similar or dissimilar to the foregoing, any present or future law to the contrary notwithstanding, it being the intention of the parties hereto that the payment of the Loan and other amounts payable by the Borrower hereunder or under the Note shall be paid in full when due without any delay or diminution whatever.

Appears in 1 contract

Samples: Financing Agreement

Borrower’s Obligations Unconditional. The obligations of Borrower to perform and observe the other agreements on its part contained herein shall be absolute and unconditional and payment of the Loan and Additional Charges and all other payments required of Borrower hereunder or under the Note shall be paid without notice or demand and without set off, counterclaim, or defense for any reason and without abatement or deduction or defense. Borrower will not suspend or discontinue any such payments, will perform and observe all of its other agreements in this Loan Agreement and and, except as expressly permitted in Section 14.1, will not terminate this Loan Agreement for any cause, including, but not limited, to any acts or circumstances that may constitute failure of consideration, destruction or damage to the Project or Borrower’s business, the taking of the Project or Borrower’s business by condemnation Condemnation or otherwise, the lawful prohibition of Borrower’s use of the Project or Borrower’s business, the interference with such use by any private person or corporation, the invalidity or unenforceability or lack of due authorization or other infirmity of this Loan Agreement, the lack of right, power or authority of the Issuer to enter into this Loan Agreement, eviction by paramount title, commercial frustration of purpose, bankruptcy or insolvency of the Issuer or the Bondowner Representative, change in the tax or other laws or administrative rulings or actions of the United States of America or of the State or any political subdivision thereof, or failure of the Issuer to perform and observe any agreement, whether express or implied, or any duty, liability or obligation arising out of or connected with this Loan Agreement, or for any other cause whether similar or dissimilar to the foregoing, any present or future law to the contrary notwithstanding, it being the intention of the parties hereto that the payment of the Loan and other amounts payable by Borrower hereunder or under the Note shall be paid in full when due without any delay or diminution whatever.

Appears in 1 contract

Samples: Loan Agreement

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Borrower’s Obligations Unconditional. The obligations of Borrower to perform and observe the other agreements on its part contained herein shall be absolute and unconditional and payment of the Loan and Additional Charges and all other payments required of Borrower hereunder or under the Note shall be paid without notice or demand and without set off, counterclaim, or defense for any reason and without abatement or deduction or defense. Borrower will not suspend or discontinue any such payments, will perform and observe all of its other agreements in this Loan Agreement and will not terminate this Loan Agreement for any cause, including, but not limited, to any acts or circumstances that may constitute failure of consideration, destruction or damage to the Project or Borrower’s business, the taking of the Project or Borrower’s business by condemnation or otherwise, the lawful prohibition of Borrower’s 's use of the Project or Borrower’s business, the interference with such use by any private person or corporation, the invalidity or unenforceability or lack of due authorization or other infirmity of this Loan Agreement, the lack of right, power or authority of the Issuer to enter into this Loan Agreement, eviction by paramount title, commercial frustration of purpose, bankruptcy or insolvency of the Issuer or the Bondowner Representative, change in the tax or other laws or administrative rulings or actions of the United States of America or of the State or any political subdivision thereof, or failure of the Issuer to perform and observe any agreement, whether express or implied, or any duty, liability or obligation arising out of or connected with this Loan Agreement, or for any other cause whether similar or dissimilar to the foregoing, any present or future law to the contrary notwithstanding, it -21 (Xxxxxxx Terrace) DWT 278090S7v3 0088288-000046 being the intention of the parties hereto that the payment of the Loan and other amounts payable by Borrower hereunder or under the Note shall be paid in full when due without any delay or diminution whatever.

Appears in 1 contract

Samples: Loan Agreement

Borrower’s Obligations Unconditional. The obligations of Borrower to perform and observe the other agreements on its part contained herein shall be absolute and unconditional and payment of the All Loan and Payments, Additional Charges and all other payments required of the Borrower hereunder or under the Note shall be paid without notice or demand and without set offsetoff, counterclaim, or defense for any reason and without abatement or deduction or defensedefense (except as provided in Section 7.04). The Borrower will not suspend or discontinue any such payments, and will perform and observe all of its other agreements in this Loan Agreement Financing Agreement, and will not terminate this Loan Financing Agreement for any cause, including, including but not limited, limited to any acts or circumstances that may constitute failure of consideration, destruction or damage to the Project Collateral, the Mortgaged Property or the Borrower’s business, the taking of the Project Mortgaged Property or the Borrower’s business by condemnation or otherwise, the lawful prohibition of the Borrower’s use of the Project Project, or Borrower’s business, the interference with such use by any private person or corporation, the invalidity or unenforceability or lack of due authorization or other infirmity of this Loan Financing Agreement, the or lack of right, power or authority of the Issuer to enter into this Loan Financing Agreement, eviction by paramount title, commercial frustration of purpose, bankruptcy or insolvency of the Issuer or the Bondowner RepresentativeTrustee, change in the tax or other laws or administrative rulings or actions of the United States of America or of the State or any political subdivision thereof, or failure of the Issuer to perform and observe any agreement, whether express or implied, implied or any duty, liability or obligation arising out of or connected with this Loan Financing Agreement, or for any other cause whether similar or dissimilar to the foregoing, any present or future law to the contrary notwithstanding, it being the intention of the parties hereto that the payment of the Loan Payments and other amounts payable by the Borrower hereunder or under the Note shall be paid in full when due without any delay or diminution whatever.

Appears in 1 contract

Samples: Financing Agreement (Uranerz Energy Corp.)

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