Common use of General Unconditional Obligations Clause in Contracts

General Unconditional Obligations. The L/C Obligations shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Agreement and the Application Documents under all circumstances whatsoever, including, without limitation, the following circumstances, whether relating to any one or more L/Cs: (i) any agreement between Borrower and any beneficiary of an L/C or any agreement or instrument relating thereto (the “Beneficiary Documents”) proving to be forged, fraudulent, invalid, unenforceable or insufficient in any respect; (ii) any amendment or waiver of or any consent to departure from all or any of the Beneficiary Documents; (iii) the existence of any claim, setoff, defense or other rights which Borrower may have at any time against any beneficiary or any transferee of any L/C (or any Persons for whom any applicable beneficiary or any such transferee may be acting), the L/C Issuer, any other Bank, Agent or any other Person, whether in connection with this Agreement, the Beneficiary Documents or any unrelated transaction; (iv) any demand presented under any L/C (or any endorsement thereon) proving to be forged, fraudulent, invalid, unenforceable or insufficient in any respect or any statement therein being inaccurate in any respect whatsoever; (v) payment by the L/C Issuer under any L/C against presentation of a demand which does not comply with the terms of such L/C, including, without limitation, the circumstances referred to in subsection (iv) above or the failure of any document to bear reference or to bear adequate reference to such L/C, except to the extent resulting from the gross negligence or willful misconduct of the L/C Issuer; (vi) the use to which any L/C may be put or any acts or omissions of any beneficiary in connection therewith; or (vii) any other circumstance or happening whatsoever, whether or not similar to any of the foregoing, except to the extent resulting from the gross negligence or willful misconduct of the L/C Issuer.

Appears in 2 contracts

Samples: Credit Agreement (Midamerican Energy Holdings Co /New/), Credit Agreement (Midamerican Energy Holdings Co /New/)

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General Unconditional Obligations. The obligations of the Borrower under this Agreement and the Application Documents and any other agreement, instrument or document relating to reimbursement or payment of L/C Obligations shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Agreement and the Application Documents Documents, under all circumstances whatsoever, including, without limitation, the following circumstances, whether relating to any one or more L/Cs: (i) any agreement between the Borrower and any beneficiary of an L/C or any agreement or instrument relating thereto (the “Beneficiary Documents”"BENEFICIARY DOCUMENTS") proving to be forged, fraudulent, invalid, unenforceable or insufficient in any respect; (ii) any amendment or waiver of or any consent to departure from all or any of the Beneficiary Documents; (iii) the existence of any claim, setoffset off, defense or other rights which the Borrower may have at any time against any beneficiary or any transferee of any L/C (or any Persons persons or entities for whom any applicable beneficiary or any such transferee may be acting), the L/C IssuerIssuing Bank, any other Bank, the Agent or any other Personperson or entity, whether in connection with this the Agreement, the Beneficiary Documents or any unrelated transaction; (iv) any demand presented under any L/C (or any endorsement thereon) proving to be forged, fraudulent, invalid, unenforceable or insufficient in any respect or any statement therein being inaccurate in any respect whatsoever; (v) payment by the L/C Issuer Issuing Bank under any L/C against presentation of a demand which does not comply with the terms of such L/C, including, without limitation, the circumstances referred to in subsection clause (iv) above or the failure of any document to bear reference or to bear adequate reference to such L/C, except to the extent resulting from the gross negligence or willful misconduct of the L/C Issuer; (vi) the use to which any L/C may be put or any acts or omissions omission of any beneficiary in connection therewith; or (vii) any other circumstance circumstances or happening whatsoever, whether or not similar to any of the foregoing, except to the extent resulting from the gross negligence or willful misconduct of the L/C Issuer.

Appears in 1 contract

Samples: Credit Agreement (Lodgenet Entertainment Corp)

General Unconditional Obligations. The L/C Obligations obligations of the Borrowers under this Agreement, the Applications and any other agreement, instrument or document relating to reimbursement or payment of Unpaid Drawings shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Agreement and the Application Documents L/C Documents, under all circumstances whatsoever, including, without limitation, the following circumstances, whether relating to any one or more L/CsC Documents: (i) any agreement between Borrower the Borrower(s) and any beneficiary of an L/C or any agreement or instrument relating thereto (the "Beneficiary Documents") proving to be forged, fraudulent, invalid, unenforceable or insufficient in any respect; (ii) any amendment or waiver of or any consent to departure from all or any of the Beneficiary Documents; (iii) the existence of any claim, setoff, defense or other rights which Borrower the Borrower(s) may have at any time against any beneficiary or any transferee of any L/C Document (or any Persons persons or entities for whom any applicable beneficiary or any such transferee may be acting), the L/C Issuer, any other Bank, the Agent or any other Personperson or entity, whether in connection with this the Agreement, the Beneficiary Documents or any unrelated transaction; (iv) any demand presented under any L/C Document (or any endorsement thereon) proving to be forged, fraudulent, invalid, unenforceable or insufficient in any respect or any statement therein being inaccurate in any respect whatsoever; (v) payment by the L/C Issuer under any L/C against presentation of a demand which does not comply with the terms of such L/C, including, without limitation, the circumstances referred to in subsection (iv) above or the failure of any document to bear reference or to bear adequate reference to such L/C, except to the extent resulting from the gross negligence or willful misconduct of the L/C Issuer; (vi) the use to which any L/C Document may be put or any acts or omissions omission of any beneficiary in connection therewith; or (viivi) any other circumstance circumstances or happening whatsoever, whether or not similar to any of the foregoing, except to the extent resulting from the gross negligence or willful misconduct of the L/C Issuer.

Appears in 1 contract

Samples: Loan Agreement (Omega Healthcare Investors Inc)

General Unconditional Obligations. The obligations of the Borrower under this Agreement and the Application Documents and any other agreement, instrument or document relating to reimbursement or payment of L/C Obligations shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Agreement and the Application Documents Documents, under all circumstances whatsoever, including, without limitation, the following circumstances, whether relating to any one or more L/Cs: (i) any agreement between the Borrower and any beneficiary of an L/C or any agreement or instrument relating thereto (the “Beneficiary Documents”"BENEFICIARY DOCUMENTS") proving to be forged, fraudulent, invalid, unenforceable or insufficient in any respect; (ii) any amendment or waiver of or any consent to departure from all or any of the Beneficiary Documents; (iii) the existence of any claim, setoffset off, defense or other rights which the Borrower may have at any time against any beneficiary or any transferee of any L/C (or any Persons persons or entities for whom any applicable beneficiary or any such transferee may be acting), the L/C IssuerIssuing Bank, any other BankLender, the Administrative Agent or any other Personperson or entity, whether in connection with this the Agreement, the Beneficiary Documents or any unrelated transaction; (iv) any demand presented under any L/C (or any endorsement thereon) proving to be forged, fraudulent, invalid, unenforceable or insufficient in any respect or any statement therein being inaccurate in any respect whatsoever; (v) payment by the L/C Issuer Issuing Bank under any L/C against presentation of a demand which does not comply with the terms of such L/C, including, without limitation, the circumstances referred to in subsection clause (iv) above or the failure of any document to bear reference or to bear adequate reference to such L/C, except to the extent resulting from the gross negligence or willful misconduct of the L/C Issuer; (vi) the use to which any L/C may be put or any acts or omissions omission of any beneficiary in connection therewith; or (vii) any other circumstance circumstances or happening whatsoever, whether or not similar to any of the foregoing, except to the extent resulting from the gross negligence or willful misconduct of the L/C Issuer.

Appears in 1 contract

Samples: Credit Agreement (Lodgenet Entertainment Corp)

General Unconditional Obligations. The L/C Obligations shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Agreement and the Application Documents under all circumstances whatsoever, including, without limitation, the following circumstances, whether relating to any one or more L/Cs: (i) any agreement between Borrower and any beneficiary of an L/C or any agreement or instrument relating thereto (the "Beneficiary Documents") proving to be forged, fraudulent, invalid, unenforceable or insufficient in any respect; (ii) any amendment or waiver of or any consent to departure from all or any of the Beneficiary Documents; (iii) the existence of any claim, setoff, defense or other rights which Borrower may have at any time against any beneficiary or any transferee of any L/C (or any Persons persons or entities for whom any applicable beneficiary or any such transferee may be acting), the L/C Issuer, any other Bank, Agent or any other Personperson or entity, whether in connection with this Agreement, the Beneficiary Documents or any unrelated transaction; (iv) any demand presented under any L/C (or any endorsement thereon) proving to be forged, fraudulent, invalid, unenforceable or insufficient in any respect or any statement therein being inaccurate in any respect whatsoever; (v) payment by the L/C Issuer under any L/C against presentation of a demand which does not comply with the terms of such L/C, including, without limitation, the circumstances referred to in subsection (iv) above or the failure of any document to bear reference or to bear adequate reference to such L/C, except to the extent resulting from the gross negligence or willful misconduct of the L/C Issuer; (vi) the use to which any L/C may be put or any acts or omissions of any beneficiary in connection therewith; or (vii) any other circumstance or happening whatsoever, whether or not similar to any of the foregoing, except to the extent resulting from the gross negligence or willful misconduct of the L/C Issuer.

Appears in 1 contract

Samples: Credit Agreement (Midamerican Energy Holdings Co /New/)

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General Unconditional Obligations. The obligations of the Borrowers and each Account Party under this Agreement and the Application Documents and any other agreement, instrument or document relating to reimbursement or payment of L/C Obligations shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Agreement and the Application Documents Documents, under all circumstances whatsoever, including, without limitation, the following circumstances, whether relating to any one or more L/Cs: (i) any agreement between Borrower the Borrowers or any Account Party and any beneficiary of an L/C or any agreement or instrument relating thereto (the "Beneficiary Documents") proving to be forged, fraudulent, invalid, unenforceable or insufficient in any respect; (ii) any amendment or waiver of or any consent to departure from all or any of the Beneficiary Documents; (iii) the existence of any claim, setoffset off, defense or other rights which any Borrower or any Account Party may have at any time against any beneficiary or any transferee of any L/C (or any Persons persons or entities for whom any applicable beneficiary or any such transferee may be acting), the L/C IssuerIssuing Bank, any other Bank, the Agent or any other Personperson or entity, whether in connection with this the Agreement, the Beneficiary Documents or any unrelated transaction; (iv) any demand presented under any L/C (or any endorsement thereon) proving to be forged, fraudulent, invalid, unenforceable or insufficient in any respect or any statement therein being inaccurate in any respect whatsoever; (v) payment by the L/C Issuer Issuing Bank under any L/C against presentation of a demand which does not comply with the terms of such L/C, including, without limitation, the circumstances referred to in subsection clause (iv) above or the failure of any document to bear reference or to bear adequate reference to such L/C, except to the extent resulting from the gross negligence or willful misconduct of the L/C Issuer; (vi) the use to which any L/C may be put or any acts or omissions omission of any beneficiary in connection therewith; or (vii) any other circumstance circumstances or happening whatsoever, whether or not similar to any of the foregoing, except to the extent resulting from the gross negligence or willful misconduct of the L/C Issuer.

Appears in 1 contract

Samples: Loan Agreement (Linc Group Inc)

General Unconditional Obligations. The L/C Obligations shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Agreement and the Application Documents Documents, under all circumstances whatsoever, including, without limitation, the following circumstances, whether relating to any one or more L/Cs: (i) any agreement between the Borrower and any beneficiary of an L/C or any agreement or instrument relating thereto (the "Beneficiary Documents") proving to be forged, fraudulent, invalid, unenforceable or insufficient in any respect; ; (ii) any amendment or waiver of or any consent to departure from all or any of the Beneficiary Documents; ; (iii) the existence of any claim, setoff, defense or other rights which the Borrower may have at any time against any beneficiary or any transferee of any L/C (or any Persons for whom any applicable beneficiary or any such transferee may be acting), the applicable L/C Issuer, any other BankLender, the Administrative Agent or any other Person, whether in connection with this Agreement, the Beneficiary Documents or any unrelated transaction; ; (iv) any demand presented under any L/C (or any endorsement thereon) proving to be forged, fraudulent, invalid, unenforceable or insufficient in any respect or any statement therein being inaccurate in any respect whatsoever; ; (v) payment by the applicable L/C Issuer under any L/C against presentation of a demand which does not comply with the terms of such L/C, including, without limitation, the circumstances referred to in subsection clause (iv) above or the failure of any document to bear reference or to bear adequate reference to such L/C, except to the extent resulting from the gross negligence or willful misconduct of the such L/C Issuer; ; (vi) the use to which any L/C may be put or any acts or omissions omission of any beneficiary in connection therewith; or or (vii) any other circumstance circumstances or happening whatsoever, whether or not similar to any of the foregoing, except to the extent resulting from the gross negligence or willful misconduct of the applicable L/C Issuer.

Appears in 1 contract

Samples: Credit Agreement (Laboratory Corp of America Holdings)

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