Common use of Liabilities Absolute and Unconditional Clause in Contracts

Liabilities Absolute and Unconditional. Guarantor’s liabilities and other obligations under this Agreement shall be absolute and unconditional irrespective of any lack of validity or enforceability of the Credit Agreement, any Note, any Loan Document or any other agreement, instrument or document evidencing the Loans or Letters of Credit or related thereto, the existence of any claim, set-off or other rights that Guarantor may have against Borrower or any other Person, or any other defense available to Guarantor in respect of this Agreement (other than the payment in full of the Obligations).

Appears in 3 contracts

Samples: Jupitermedia Corp, Jupitermedia Corp, Jupitermedia Corp

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Liabilities Absolute and Unconditional. Guarantor’s 's liabilities and other obligations under this Agreement shall be absolute and unconditional irrespective of any lack of validity or enforceability of the Credit Agreement, any Note, any Loan Document Time Charter or any other agreement, instrument or document evidencing the Loans or Letters of Credit or related thereto, the existence of any claim, set-off or other rights that Guarantor may have against Borrower Lower Lakes or any other Person, or any other defense available to Guarantor in respect of this Agreement (other than the payment in full of the Guaranteed Obligations).

Appears in 2 contracts

Samples: Rand Logistics, Inc., Rand Logistics, Inc.

Liabilities Absolute and Unconditional. Each Guarantor’s liabilities and other obligations under this Agreement shall be absolute and unconditional irrespective of any lack of validity or enforceability of the Credit Term Loan Agreement, any Note, any Loan Document or any other agreement, instrument or document evidencing the Loans or Letters of Credit or related thereto, the existence of any claim, set-off or other rights that any Guarantor may have against Borrower or any other Person, or any other defense available to any Guarantor in respect of this Agreement (other than the payment in full of the Obligations).

Appears in 2 contracts

Samples: Term Loan Agreement (Nordson Corp), Term Loan Agreement (Nordson Corp)

Liabilities Absolute and Unconditional. Guarantor’s 's liabilities and other obligations under this Agreement shall be absolute and unconditional irrespective of any lack of validity or enforceability of the Credit Agreement, any Notethe Notes, any Loan Document or any other agreement, instrument or document evidencing the Loans or Letters of Credit or related thereto, the existence of any claim, set-off or other rights that Guarantor may have against Borrower or any other PersonRelated Writing, or any other defense available to Guarantor in respect of this Agreement (other than the payment in full of the Obligations)Agreement.

Appears in 1 contract

Samples: Intercreditor Agreement (Cedar Fair L P)

Liabilities Absolute and Unconditional. Each Guarantor’s 's liabilities and other obligations under this Agreement shall be absolute and unconditional irrespective of any lack of validity or enforceability of the Credit Agreement, any Note, any Loan Document or any other agreement, instrument or document evidencing the Loans or Letters of Credit or related thereto, the existence of any claim, set-off or other rights that any Guarantor may have against Borrower or any other Person, or any other defense available to any Guarantor in respect of this Agreement (other than the payment in full of the Obligations).

Appears in 1 contract

Samples: S&W Seed Co

Liabilities Absolute and Unconditional. Each Guarantor’s liabilities and other obligations under this Agreement shall be absolute and unconditional irrespective of any lack of validity or enforceability of the Credit Agreement, any Note, any other Loan Document or any other agreement, instrument or document evidencing the Loans or Letters of Credit or related thereto, the existence of any claim, set-off or other rights that such Guarantor may have against Borrower or any other Person, or any other defense available to such Guarantor in respect of this Agreement (other than the payment Payment in full Full of the Secured Obligations).

Appears in 1 contract

Samples: Guaranty and Collateral Agreement (Net Perceptions Inc)

Liabilities Absolute and Unconditional. Guarantor’s liabilities and other obligations under this Agreement shall be absolute and unconditional irrespective of any lack of validity or enforceability of the Credit Agreement, any Notethe Notes, any Loan Document or any other agreement, instrument or document evidencing the Loans or Letters of Credit or related thereto, the existence of any claim, set-off or other rights that Guarantor may have against Borrower or any other Person, or any other defense available to Guarantor in respect of this Agreement (other than the irrevocable payment in full of the ObligationsDebt and the termination of the Credit Agreement).

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Nordson Corp)

Liabilities Absolute and Unconditional. Guarantor’s liabilities and other obligations under this Agreement shall be absolute and unconditional irrespective of any lack of validity or enforceability of the Credit Agreement, any Note, any Loan Document or any other agreement, instrument or document evidencing the Loans or Letters of Credit or related thereto, the existence of any claim, set-off or other rights that Guarantor may have against Borrower or any other Person, or any other defense available to Guarantor in respect of this Agreement (other than the payment in full of the Obligations).

Appears in 1 contract

Samples: Credit Agreement (Cintas Corp)

Liabilities Absolute and Unconditional. Guarantor’s liabilities and other obligations under this Agreement shall be absolute and unconditional irrespective of any lack of validity or enforceability of the Credit Agreement, any Note, any Loan Document or any other agreement, instrument or document evidencing the Loans or Letters of Credit or related thereto, the existence of any claim, set-off or other rights that Guarantor may have against Borrower or any other Person, or any other defense available to Guarantor in respect of this Agreement (other than the payment in full of the Obligations).

Appears in 1 contract

Samples: Assignment and Acceptance Agreement (Bea Systems Inc)

Liabilities Absolute and Unconditional. Guarantor’s 's liabilities and other obligations under this Agreement shall be absolute and unconditional irrespective of any lack of validity or enforceability of the Credit Agreement, any Note, any Loan Document or any other agreement, instrument or document evidencing the Loans or Letters of Credit or related thereto, the existence of any claim, set-off or other rights that Guarantor may have against Borrower or any other Person, or any other defense available to Guarantor in respect of this Agreement (other than the payment in full of the Obligations).

Appears in 1 contract

Samples: Aldila Inc

Liabilities Absolute and Unconditional. Each Guarantor’s liabilities and other obligations under this Agreement shall be absolute and unconditional irrespective of any lack of validity or enforceability of the Credit Agreement, any Note, any Loan Document or any other agreement, instrument or document evidencing the Loans or Letters of Credit Loan or related thereto, the existence of any claim, set-off or other rights that any Guarantor may have against Borrower or any other Person, or any other defense available to any Guarantor in respect of this Agreement (other than the payment in full of the Obligations).

Appears in 1 contract

Samples: Guaranty and Security Agreement (Unrivaled Brands, Inc.)

Liabilities Absolute and Unconditional. Guarantor’s liabilities and other obligations under this Agreement shall be absolute and unconditional irrespective of any lack of validity or enforceability of the Credit Agreement, any Note, any Loan Document or any other agreement, instrument or document evidencing the Loans or Letters of Credit Loan or related thereto, the existence of any claim, set-off or other rights that Guarantor may have against Borrower or any other Person, or any other defense available to Guarantor in respect of this Agreement (other than the payment in full of the Obligations).

Appears in 1 contract

Samples: Sykes Enterprises Inc

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Liabilities Absolute and Unconditional. Each Guarantor’s liabilities and other obligations under this Agreement shall be absolute and unconditional irrespective of any lack of validity or enforceability of the Credit Agreement, any Note, any Loan Document or any other agreement, instrument or document evidencing the Loans or Letters of Credit or related thereto, the existence of any claim, set-off or other rights that any Guarantor may have against the Borrower or any other Person, or any other defense available to any Guarantor in respect of this Agreement (other than the payment in full of the Secured Obligations).

Appears in 1 contract

Samples: ZAGG Inc

Liabilities Absolute and Unconditional. Guarantor’s 's liabilities and other obligations under this Agreement shall be absolute and unconditional irrespective of any lack of validity or enforceability of the Post-Petition Credit Agreement, any Note, any other Loan Document or any other agreement, instrument or document evidencing the Loans or Revolving Loans, Letters of Credit or any other Obligation related thereto, the existence of any claim, set-off or other rights that Guarantor may have against Borrower or any other Person, or any other defense available to Guarantor in respect of this Agreement (other than the payment in full of the Obligations)Agreement.

Appears in 1 contract

Samples: Guaranty of Payment (Archibald Candy Corp)

Liabilities Absolute and Unconditional. Guarantor’s liabilities and other obligations under this Agreement shall be absolute and unconditional irrespective of any lack of validity or enforceability of the Credit Agreement, any Notethe Notes, any Loan Document or any other agreement, instrument or document evidencing the Loans or Letters of Credit or related thereto, the existence of any claim, set-off or other rights that Guarantor may have against Borrower or any other Person, or any other defense available to Guarantor in respect of this Agreement (other than the payment in full of the Obligations)Agreement.

Appears in 1 contract

Samples: Credit Agreement (MTC Technologies Inc)

Liabilities Absolute and Unconditional. Guarantor’s 's liabilities and --------------------------------------- other obligations under this Agreement shall be absolute and unconditional irrespective of any lack of validity or enforceability of the Credit Loan Agreement, any Notethe Notes, any Loan Document or any other agreement, instrument or document evidencing the Loans or Letters of Credit Loan or related thereto, the existence of any claim, set-off or other rights that Guarantor may have against Borrower or any other Person, or any other defense available to Guarantor in respect of this Agreement (other than the payment in full of the Obligations)Agreement.

Appears in 1 contract

Samples: Assignment Agreement (Oglebay Norton Co /New/)

Liabilities Absolute and Unconditional. Guarantor’s 's liabilities and other obligations under this Agreement shall be absolute and unconditional irrespective of any lack of validity or enforceability of the Credit Agreement, any Notethe Notes, any Loan Credit Document or any other agreement, instrument or document evidencing the Loans or Letters of Credit or related thereto, the existence of any claim, set-off or other rights that Guarantor may have against Borrower or any other Person, or any other defense available to Guarantor in respect of this Agreement (other than the payment in full of the Obligations)Agreement.

Appears in 1 contract

Samples: Hawk Corp

Liabilities Absolute and Unconditional. Guarantor’s 's liabilities and --------------------------------------- other obligations under this Agreement shall be absolute and unconditional irrespective of any lack of validity or enforceability of the Credit Agreement, any Notethe Notes, any Loan Document or any other agreement, instrument or document evidencing the Loans or Letters of Credit or related thereto, the existence of any claim, set-off or other rights that Guarantor may have against Borrower or any other Person, or any other defense available to Guarantor in respect of this Agreement (other than the payment in full of the Obligations)Agreement.

Appears in 1 contract

Samples: Assignment and Acceptance Agreement (Oglebay Norton Co /New/)

Liabilities Absolute and Unconditional. Guarantor’s 's liabilities and other obligations under this Agreement shall be absolute and unconditional irrespective of any lack of validity or enforceability of the Credit Agreement, any Notethe Notes, any Loan Document or any other agreement, instrument or document evidencing the Loans or Letters of Credit or related thereto, the existence of any claim, set-off or other rights that Guarantor may have against Borrower or any other Person, or any other defense available to Guarantor in respect of this Agreement (other than the payment in full of the Obligations)Agreement.

Appears in 1 contract

Samples: Amcast Industrial Corp

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