Common use of NO DEFENSE OR SET-OFF; UNCONDITIONAL OBLIGATION Clause in Contracts

NO DEFENSE OR SET-OFF; UNCONDITIONAL OBLIGATION. The obligations of the Company to make the payments required by this Agreement and to perform and observe the other agreements on its part contained herein shall be absolute and unconditional, irrespective of any defense or any rights of set-off, recoupment or counterclaim it might otherwise have against the Issuer or any other person, and the Company shall pay during the term of this Agreement the payments to be made as prescribed in Sections 5.01, 5.03, 5.04, 5.05 or 5.10 and all other payments required hereunder free of any deductions and without abatement, diminution or set-off; and until such time as the principal of, premium, if any, and interest on the Bonds shall have been fully paid, or provision for the payment thereof shall have been made in accordance with the Indenture, the Company: (i) will not suspend or discontinue any payments provided for in Sections 5.01, 5.03, 5.04, 5.05 or 5.10 hereof; (ii) will perform and observe all of its other agreements contained in this Agreement; and (iii) except as permitted herein, will not terminate this Agreement for any cause, including, without limiting the generality of the foregoing, failure of the Company to use the Projects, destruction of or damage to the Projects, commercial frustration of purpose, any change in the tax laws of the United States of America or of the State or any political subdivision of either of these, or any failure of the Issuer or the Trustee to perform and observe any agreement, whether express or implied, or any duty, liability or obligation arising out of or connected with this Agreement or the Indenture, except to the extent permitted by this Agreement. Nothing contained in this Section shall be construed to relieve the Issuer or the Trustee from the performance of any agreements on their respective parts contained herein and the Company shall be entitled to institute such action against the Issuer or the Trustee as the Company shall deem appropriate to compel performance of any such agreement, duty or obligation; provided, howev- er, that the Issuer shall not be required to carry out any such agreement, duty or obligation unless it is reimbursed for its costs and expenses.

NO DEFENSE OR SET-OFF; UNCONDITIONAL OBLIGATION. The obligations of the Company to make the payments required by this Agreement and to perform and observe the other agreements on its part contained herein shall be absolute and unconditional, irrespective of any defense or any rights of set-off, recoupment or counterclaim it might otherwise have against the Issuer or any other person, and the Company shall pay during the term of this Agreement the payments to be made as prescribed in Sections 5.01, 5.03, 5.04, 5.05 or 5.10 and all other payments required hereunder free of any deductions and without abatement, diminution or set-off; and until such time as the principal of, premium, if any, and interest on the Bonds shall have been fully paid, or provision for the payment thereof shall have been made in accordance with the Indenture, the Company: (i) will not suspend or discontinue any payments provided for in Sections 5.01, 5.03, 5.04, 5.05 or 5.10 hereof; (ii) will perform and observe all of its other agreements contained in this Agreement; and (iii) except as permitted herein, will not terminate this Agreement for any cause, including, without limiting the generality of the foregoing, failure of the Company to approve, receive, accept or use the Projects, destruction of or damage to the Projects, commercial frustration of purpose, any change in the tax laws of the United States of America or of the State or any political subdivision of either of these, or any failure of the Issuer or the Trustee to perform and observe any agreement, whether express or implied, or any duty, liability or obligation arising out of or connected with this Agreement or the Indenture, except to the extent permitted by this Agreement. Nothing contained in this Section shall be construed to relieve the Issuer or the Trustee from the performance of any agreements on their respective parts contained herein and the Company shall be entitled to institute such action against the Issuer or the Trustee as the Company shall deem appropriate to compel performance of any such agreement, duty or obligation; provided, howev- erhowever, that the Issuer shall not be required to carry out any such agreement, duty or obligation unless it is reimbursed for its costs and expenses.

NO DEFENSE OR SET-OFF; UNCONDITIONAL OBLIGATION. The obligations of the Company to make the payments required by this Agreement and to perform and observe the other agreements on its part contained herein shall be absolute and unconditional, irrespective of any defense or any rights of set-off, recoupment or counterclaim it might otherwise have against the Issuer or any other person, and the Company shall pay during the term of this Agreement the payments to be made as prescribed in Sections 5.01, 5.03, 5.04, 5.05 or 5.10 Article V and all other payments required hereunder free of any deductions and without abatement, diminution or set-off; and until such time as the principal of, redemption premium, if any, and interest on the Bonds shall have been fully paid, or provision for the payment thereof shall have been made in accordance with the Indenture, the Company: (i) will not suspend or discontinue any payments provided for in Sections 5.01, 5.03, 5.04, 5.05 or 5.10 Article V hereof; (ii) will perform and observe all of its other agreements contained in this Agreement; and (iii) except as permitted herein, will not terminate this Agreement for any cause, including, without limiting the generality of the foregoing, failure of the Project to be acquired, constructed, improved, or completed, failure of the Company to approve, receive, accept or use the ProjectsProject, destruction of or damage to the ProjectsProject, commercial frustration of purpose, any change in the tax laws of the United States of America or of the State of California or any political subdivision of either of these, or any failure of the Issuer or the Trustee to perform and observe any agreement, whether express or implied, or any duty, liability or obligation arising out of or connected with this Agreement or the Indenture, except to the extent permitted by this Agreement. Nothing contained in this Section shall be construed to relieve the Issuer or the Trustee from the performance of any agreements on their respective parts contained herein and the Company shall be entitled to institute such action against the Issuer or the Trustee as the Company shall deem appropriate to compel performance of any such agreement, duty or obligation; provided, howev- erhowever, that neither the Issuer nor the Trustee shall not be required to carry out any such agreement, duty or obligation unless it is reimbursed for its costs and expensesexpenses to the extent set forth in this Agreement.

NO DEFENSE OR SET-OFF; UNCONDITIONAL OBLIGATION. The obligations of the Company to make the payments required by this Agreement and to perform and observe the other agreements on its part contained herein shall be absolute and unconditional, irrespective of any defense or any rights of set-off, recoupment or counterclaim it might otherwise have against the Issuer or any other person, and the Company shall pay during the term of this Agreement the payments to be made as prescribed in Sections 5.01, 5.03, 5.04, 5.05 or 5.10 Article V and all other payments required hereunder free of any deductions and without abatement, diminution or set-off; and until such time as the principal of, premium, if any, and interest on the Bonds shall have been fully paid, or provision for the payment thereof shall have been made in accordance with the Indenture, the Company: (i) will not suspend or discontinue any payments provided for in Sections 5.01, 5.03, 5.04, 5.05 or 5.10 Article V hereof; (ii) will perform and observe all of its other agreements contained in this Agreement; and (iii) except as permitted herein, will not terminate this Agreement for any cause, including, without limiting the generality of the foregoing, failure of the Project to be acquired, constructed, improved, or completed, failure of the Company to approve, receive, accept or use the ProjectsProject, destruction of or damage to the ProjectsProject, commercial frustration of purpose, any change in the tax laws of the United States of America or of the State of Texas or any political subdivision of either of these, or any failure of the Issuer or the Trustee to perform and observe any agreement, whether express or implied, or any duty, liability or obligation arising out of or connected with this Agreement or the Indenture, except to the extent permitted by this Agreement. Nothing contained in this Section shall be construed to relieve the Issuer or the Trustee from the performance of any agreements on their respective parts contained herein and the Company shall be entitled to institute such action against the Issuer or the Trustee as the Company shall deem appropriate to compel performance of any such agreement, duty or obligation; provided, howev- erhowever, that neither the Issuer nor the Trustee shall not be required to carry out any such agreement, duty or obligation unless it is reimbursed for its costs and expensesexpenses to the extent set forth in this Agreement.

NO DEFENSE OR SET-OFF; UNCONDITIONAL OBLIGATION. The obligations of the Company to make the payments required by this Agreement in Section 4.2 hereof and pursuant to the Note and to perform and observe the other agreements on its part contained herein shall be absolute and unconditional, irrespective of any defense or any rights of set-off, recoupment or counterclaim it might otherwise have against the Issuer Issuer, the Trustee, the Tender Agent, the Paying Agent, the Bond Registrar, the Remarketing Agent or any other personthe Bank, and the The Company shall pay net during the term of this Agreement the payments to be made on account of the loan as prescribed in Sections 5.01, 5.03, 5.04, 5.05 or 5.10 Section 4,2 hereof and all other payments required hereunder free of any deductions and without abatement, diminution or set-off; and until off other than those herein expressly provided, Until such time as the principal of, premium, if any, and interest on the Note and the Bonds shall have been fully paid, or provision for the payment thereof shall have been made in accordance with the Indenture, the Company: (i) will not suspend or discontinue any payments provided for in Sections 5.01, 5.03, 5.04, 5.05 Section 4,2 hereof or 5.10 hereofthe Note; (ii) will perform and observe all of its other agreements contained in this AgreementAgreement in all material respects; and (iii) except as permitted herein, will not terminate this Agreement for any cause, including, without limiting the generality of the foregoing, its failure to complete the Project, the occurrence of any acts or circumstances that may constitute failure of the Company to use the Projectsconsideration, destruction of or damage to the ProjectsProject, commercial frustration of purpose, any change in the tax laws of the United States of America or of the the- State or any political subdivision of either of thesethereof, or any failure of the Issuer Issuer, the Trustee or the Trustee Bank to perform and observe any agreement, whether express or implied, or any duty, liability or obligation arising out of or connected with this Agreement or the IndentureAgreement, except to the extent permitted by this Agreement. Nothing contained in this Section shall be construed to relieve the Issuer or the Trustee from the performance of any agreements on their respective parts contained herein and the Company shall be entitled to institute such action against the Issuer or the Trustee as the Company shall deem appropriate to compel performance of any such agreement, duty or obligation; provided, howev- er, that the Issuer shall not be required to carry out any such agreement, duty or obligation unless it is reimbursed for its costs and expenses.

NO DEFENSE OR SET-OFF; UNCONDITIONAL OBLIGATION. The obligations of the Company to make the payments required by this Agreement in Section 5.2 hereof and to perform and observe the other agreements on its part contained herein shall be absolute and unconditional, irrespective of any defense or any rights right of set-off, recoupment or counterclaim it might otherwise have against the Issuer or the Trustee (other than due to the prior payment of any other personamounts by a draw on the Credit Enhancement by the Trustee), and the Company shall pay absolutely net during the term of this Loan Agreement the payments to be made as prescribed in Sections 5.01, 5.03, 5.04, 5.05 or 5.10 Section 5.2 and all other payments required hereunder free of any deductions and without abatement, diminution or set-off; and until such time as the principal of, premium, if any, of and interest on the Bonds shall have been fully paid, or provision for the payment thereof shall have been made in accordance with the Indenture, the Company: (i) will not suspend or discontinue any payments provided for in Sections 5.01, 5.03, 5.04, 5.05 or 5.10 Section 5.2 hereof; (ii) will perform and observe all of its other agreements contained in this Loan Agreement; and (iii) except as permitted hereinprovided in Article IX hereof, will not terminate this Loan Agreement for any cause, including, without limiting the generality of the foregoing, failure to complete the Project, the occurrence of the Company to use the Projectsany act or circumstances that may constitute failure of consideration, destruction of or damage to the ProjectsProject, commercial frustration of purpose, any change in the tax laws of the United States of America or of the State of Arkansas or any political subdivision of either of thesesuch state, or any failure of the Issuer or the Trustee to perform and or observe any agreement, whether express or implied, or any duty, liability or obligation arising out of or connected with this Loan Agreement or the Indenture, except to the extent permitted by this Agreement. Nothing contained in this Section shall be construed to relieve the Issuer or the Trustee from the performance of any agreements on their respective parts contained herein and the Company shall be entitled to institute such action against the Issuer or the Trustee as the Company shall deem appropriate to compel performance of any such agreement, duty or obligation; provided, howev- er, that the Issuer shall not be required to carry out any such agreement, duty or obligation unless it is reimbursed for its costs and expenses.