Common use of No Abatement or Setoff Clause in Contracts

No Abatement or Setoff. The Borrower shall pay all loan payments and all additional sums required hereunder without suspension or abatement of any nature, notwithstanding that all or any part of the Borrower’s facilities shall have been wholly or partially destroyed, damaged or injured and shall not have been repaired, replaced or rebuilt. So long as any portion of the Bond remains Outstanding, the obligations of the Borrower to pay all sums due from the Borrower hereunder shall be absolute and unconditional for which the Borrower pledge their full faith and credit and shall not be suspended, abated, reduced, abrogated, waived, diminished or otherwise modified in any manner or to any extent whatsoever, regardless of any rights of setoff, recoupment or counterclaim that either Borrower might otherwise have against the Authority, the Bank or any other party or parties and regardless of any contingency, act of god, event or cause whatsoever and notwithstanding any circumstances or occurrence that may arise or take place after the date hereof, including but without limiting the generality of the foregoing: (a) any damage to or destruction of any part or all of the Borrower’s facilities, including the Project Facilities; (b) the taking or damaging of any part or all of the Borrower’s facilities, by any public authority or agency in the exercise of the power of or in the nature of eminent domain or by way of a conveyance in lieu of such exercise or otherwise; (c) any assignment, novation, merger, consolidation, or transfer of assets, whether with or without the approval of the Authority; (d) any failure of the Authority to perform or observe any agreement or covenant, whether express or implied, or any duty, liability or obligation arising out of or in connection with this Agreement and the Bond; (e) any act or circumstances that may constitute an eviction or constructive eviction; (f) failure of consideration, failure of title or commercial frustration; (g) any change in the tax laws or other laws of the United States or of any state or other governmental authority; or (h) any determination that the Bond or the interest payable thereon is subject to Federal taxation.

No Abatement or Setoff. The Borrower City shall pay all loan payments rentals and all additional sums required hereunder from current revenues of the City without suspension or abatement of any nature, notwithstanding that all or any part of the Borrower’s facilities Leased Premises shall have been wholly or partially destroyed, damaged or injured and shall not have been repaired, replaced or rebuilt. So long as any portion of the Bond remains OutstandingObligations remain outstanding or sufficient money for the payment of the Obligations in full, including principal, interest or redemption price, if any, shall not be held by the Trustee in trust therefor, the obligations obligation of the Borrower City to pay all sums due rentals from current revenues of the Borrower hereunder City shall be absolute and unconditional for which the Borrower pledge their full faith and credit and shall not be suspended, abated, reduced, abrogated, waived, diminished or otherwise modified in any manner or to any extent whatsoever, and regardless of any rights of setoff, recoupment or counterclaim that either Borrower the City might otherwise have against the Authority, Authority or the Bank Trustee or any other party or parties and regardless of any contingency, act of godGod, event or cause whatsoever and notwithstanding any circumstances or occurrence that may arise or take place after the date hereof, including but without limiting the generality of the foregoing: (a) any damage to or destruction of any part or all of the Borrower’s facilities, including the Project FacilitiesLeased Premises; (b) the taking or damaging of any part or all of the Borrower’s facilitiesLeased Premises, by any public authority or agency in the exercise of the power of or in the nature of eminent domain or by way of a conveyance in lieu of such exercise or otherwise; (c) any assignment, novation, merger, consolidation, or transfer of assets, leasing or other similar transaction of or affecting the City, whether with or without the approval of the AuthorityAuthority or the Trustee; (d) the expiration of the term of this Lease pursuant to the provisions hereof; (e) any failure of the Authority or the Trustee to perform or observe any agreement or covenant, whether express or implied, or any duty, liability or obligation arising out of or in connection connected with this Agreement and Lease, the BondIndenture, the Bonds or any other Obligations; (ef) any act acts or circumstances that may constitute an eviction or constructive eviction; (fg) failure of consideration, failure of title or commercial frustration; (gh) any change in the tax laws or other laws of the United States or of any state or other governmental authority; or; (hi) any determination that the Bond interest on the Bonds is included in gross income of the owners thereof for purposes of federal income taxation; (j) any change in the law applicable to this Lease or the interest payable thereon is Indenture; and Addition.‌ (k) the failure to complete the construction or the equipping of any Capital Except to the extent provided in and subject to Federal taxationthis Section 5.05, nothing contained herein shall be construed to prevent or restrict the City from asserting any rights which it may have under this Lease or any provision of law against the Authority or the Trustee.

No Abatement or Setoff. The Borrower shall pay all loan payments and all additional sums required hereunder without suspension or abatement of any nature, notwithstanding that all or any part of the Borrower’s facilities shall have been wholly or partially destroyed, damaged or injured and shall not have been repaired, replaced or rebuilt. So long as any portion of the Bond remains Outstanding, the obligations obligation of the Borrower to pay all sums due from the Borrower hereunder shall be absolute and unconditional for which the Borrower pledge their pledges its full faith and credit and shall not be suspended, abated, reduced, abrogated, waived, diminished or otherwise modified in any manner or to any extent whatsoever, regardless of any rights of setoff, recoupment or counterclaim that either the Borrower might otherwise have against the Authority, the Bank or any other party or parties and regardless of any contingency, act of god, event or cause whatsoever and notwithstanding any circumstances or occurrence that may arise or take place after the date hereof, including but without limiting the generality of the foregoing: (a) any damage to or destruction of any part or all of the Borrower’s facilities, including the Project Facilities; (b) the taking or damaging of any part or all of the Borrower’s facilities, by any public authority or agency in the exercise of the power of or in the nature of eminent domain or by way of a conveyance in lieu of such exercise or otherwise; (c) any assignment, novation, merger, consolidation, or transfer of assets, whether with or without the approval of the Authority; (d) any failure of the Authority to perform or observe any agreement or covenant, whether express or implied, or any duty, liability or obligation arising out of or in connection with this Agreement and the Bond; (e) any act or circumstances that may constitute an eviction or constructive eviction; (f) failure of consideration, failure of title or commercial frustration; (g) any change in the tax laws or other laws of the United States or of any state or other governmental authorityGovernmental Authority; or (h) any determination that the Bond or the interest payable thereon is subject to Federal taxation.

No Abatement or Setoff. The Borrower shall pay all loan payments and all additional sums required hereunder without suspension or abatement of any nature, notwithstanding that all or any part of the Borrower’s facilities shall have been wholly or partially destroyed, damaged or injured and shall not have been repaired, replaced or rebuilt. So long as any portion of the Bond remains Outstanding, the obligations obligation of the Borrower to pay all sums due from the Borrower hereunder shall be absolute and unconditional for which the Borrower pledge their pledges its full faith and credit and shall not be suspended, abated, reduced, abrogated, waived, diminished or otherwise modified in any manner or to any extent whatsoever, regardless of any rights of setoff, recoupment or counterclaim that either the Borrower might otherwise have against the AuthorityIssuer, the Bank or any other party or parties and regardless of any contingency, act of god, event or cause whatsoever and notwithstanding any circumstances or occurrence that may arise or take place after the date hereof, including but without limiting the generality of the foregoing: (a) any damage to or destruction of any part or all of the Borrower’s facilities, including the Project Facilities; (b) the taking or damaging of any part or all of the Borrower’s facilities, by any public authority or agency in the exercise of the power of or in the nature of eminent domain or by way of a conveyance in lieu of such exercise or otherwise; (c) any assignment, novation, merger, consolidation, or transfer of assets, whether with or without the approval of the AuthorityIssuer; (dc) any failure of the Authority Issuer to perform or observe any agreement or covenant, whether express or implied, or any duty, liability or obligation arising out of or in connection with this Agreement and the Bond; (ed) any act or circumstances that may constitute an eviction or constructive eviction; (fe) failure of consideration, failure of title consideration or commercial frustration; (gf) any change in the tax laws or other laws of the United States or of any state or other governmental authority; or (hg) any determination that the Bond or the interest payable thereon is are subject to Federal taxation.

No Abatement or Setoff. The Borrower shall pay all loan payments and all additional sums required hereunder without suspension or abatement of any nature, notwithstanding that all or any part of the Borrower’s 's facilities shall have been wholly or partially destroyed, damaged or injured and shall not have been repaired, replaced or rebuilt. So long as any portion of the Bond remains Outstanding, the obligations obligation of the Borrower to pay all sums due from the Borrower hereunder shall be absolute and unconditional for which the Borrower pledge their pledges its full faith and credit and shall not be suspended, abated, reduced, abrogated, waived, diminished or otherwise modified in any manner or to any extent whatsoever, regardless of any rights of setoff, recoupment or counterclaim that either the Borrower might otherwise have against the AuthorityIssuer, the Bank or any other party or parties and regardless of any contingency, act of god, event or cause whatsoever and notwithstanding any circumstances or occurrence that may arise or take place after the date hereof, including but without limiting the generality of the foregoing: (a) any damage to or destruction of any part or all of the Borrower’s 's facilities, including the Project Facilities; (b) the taking or damaging of any part or all of the Borrower’s 's facilities, by any public authority or agency in the exercise of the power of or in the nature of eminent domain or by way of a conveyance in lieu of such exercise or otherwise; (c) any assignment, novation, merger, consolidation, or transfer of assets, whether with or without the approval of the AuthorityIssuer; (d) any failure of the Authority Issuer to perform or observe any agreement or covenant, whether express or implied, or any duty, liability or obligation arising out of or in connection with this Agreement and the Bond; (e) any act or circumstances that may constitute an eviction or constructive eviction; (f) failure of consideration, failure of title or commercial frustration; (g) any change in the tax laws or other laws of the United States or of any state or other governmental authority; or (h) any determination that the Bond or the interest payable thereon is subject to Federal taxation.