Common use of Borrower’s Obligations Unconditional Clause in Contracts

Borrower’s Obligations Unconditional. The payment obligations of the Borrower under this Agreement shall be absolute, unconditional and irrevocable and shall be satisfied strictly in accordance with the terms of this Agreement, under all circumstances whatsoever, including, without limitation, the following circumstances: (a) Any lack of validity or enforceability of the Credit Documents, the Bond Documents or any other agreement or instrument relating thereto; (b) Any amendment or waiver of or any consent to departure from the terms of the Letter of Credit, the Credit Documents, the Bond Documents or any other agreement or instrument relating thereto; (c) The existence of any claim, setoff, defense or right which the Borrower may have at any time against any beneficiary or any transferee of the Letter of Credit (or any persons or entities for whom any such beneficiary or any such transferee may be acting), the Bank, or any other person or entity, whether in connection with this Agreement, the transactions contemplated by the Credit Documents, the Bond Documents, or any unrelated transaction; (d) Any statement or any other document presented under the Letter of Credit proving to be forged, fraudulent, invalid or insufficient in any respect or any statement therein being untrue or inaccurate in any respect whatsoever; or (e) Payment by the Bank under the Letter of Credit against presentation of a request which on its face appears to be in accordance with the terms of the Letter of Credit.

Appears in 2 contracts

Samples: Reimbursement Agreement (Core Materials Corp), Reimbursement Agreement (Core Molding Technologies Inc)

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Borrower’s Obligations Unconditional. The payment obligations of the Borrower under this Reimbursement Agreement shall be absolute, unconditional and irrevocable and shall be satisfied strictly in accordance with the terms of this Reimbursement Agreement, under all circumstances whatsoever, including, without limitation, the following circumstances: (a) Any lack of validity or enforceability of the Credit Documents, the Bond Documents or any other agreement or instrument relating thereto; (b) Any amendment or waiver of or any consent to departure from the terms of the Letter of Credit, the Credit Documents, the Bond Documents or any other agreement or instrument relating thereto; (c) The existence of any claim, setoff, defense or right which the Borrower may have at any time against any beneficiary or any transferee of the Letter of Credit (or any persons or entities for whom any such beneficiary or any such transferee may be acting), the Bank, Bank or any other person or entity, whether in connection with this Reimbursement Agreement, the transactions contemplated by the Credit Documents, Documents or the Bond Documents, or any unrelated transaction; (d) Any statement or any other document presented under the Letter of Credit proving to be forged, fraudulent, invalid or insufficient in any respect or any statement therein being untrue or inaccurate in any respect whatsoever; or; (e) Payment by the Bank under the Letter of Credit against presentation of a request which on its face appears to be in accordance with the terms of the Letter of Credit; or (f) Any other circumstance or happening whatsoever, whether or not similar to any of the foregoing.

Appears in 1 contract

Samples: Reimbursement Agreement (Dynamic Materials Corp)

Borrower’s Obligations Unconditional. The payment obligations of the Borrower under this Reimbursement Agreement shall be absolute, unconditional and irrevocable and shall be satisfied strictly in accordance with the terms of this Reimbursement Agreement, under all circumstances whatsoever, including, without limitation, the following circumstances: (a) A. Any lack of validity or enforceability of the Credit Bank Documents, the Bond Financing Documents or any other agreement or instrument relating thereto; (b) B. Any amendment or waiver of or any consent to departure from the terms of the Letter of Credit, the Credit Bank Documents, the Bond Financing Documents or any other agreement or instrument relating thereto; (c) C. The existence of any claim, setoff, defense or right which the Borrower may have at any time against any beneficiary or any transferee of the Letter of Credit (or any persons or entities for whom any such beneficiary or any such transferee may be acting), the Bank, Bank or any other person or entity, whether in connection with this Reimbursement Agreement, the transactions contemplated by the Credit Documents, Bank Documents or the Bond Financing Documents, or any unrelated transaction; (d) D. Any statement or any other document presented under the Letter of Credit proving to be forged, fraudulent, invalid or insufficient in any respect or any statement therein being untrue or inaccurate in any respect whatsoever; or; (e) E. Payment by the Bank under the Letter of Credit against presentation of a request which on its face appears to be in accordance with the terms of the Letter of Credit; or F. Any other circumstance or happening whatsoever, whether or not similar to any of the foregoing.

Appears in 1 contract

Samples: Letter of Credit Reimbursement Agreement (Spurlock Industries Inc)

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Borrower’s Obligations Unconditional. The payment ------------------------------------ obligations of the Borrower under this Agreement shall be absolute, unconditional and irrevocable and shall be satisfied strictly in accordance with the terms of this Agreement, under all circumstances whatsoever, including, without limitation, the following circumstances: (a) Any lack of validity or enforceability of the Credit Documents, the Bond Note Documents or any other agreement or instrument relating thereto; (b) Any amendment or waiver of or any consent to departure from the terms of the Letter of Credit, the Credit Documents, the Bond Note Documents or any other agreement or instrument relating thereto; (c) The existence of any claim, setoff, defense or right which the Borrower may have at any time against any beneficiary or any transferee of the Letter of Credit (or any persons or entities for whom any such beneficiary or any such transferee may be acting), the Bank, or any other person or entity, whether in connection with this Agreement, the transactions contemplated by the Credit Documents, the Bond Note Documents, or any unrelated transaction; (d) Any statement or any other document presented under the Letter of Credit proving to be forged, fraudulent, invalid or insufficient in any respect or any statement therein being untrue or inaccurate in any respect whatsoever; or; (e) Payment by the Bank under the Letter of Credit against presentation of a request which on its face appears to be in accordance with the terms of the Letter of Credit; or (f) Any other circumstance or happening whatsoever, whether or not similar to any of the foregoing.

Appears in 1 contract

Samples: Reimbursement Agreement (Aerovox Inc)

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