Common use of No Defense or Set-Off Clause in Contracts

No Defense or Set-Off. The obligations of the Company to make payments on the Note shall be absolute and unconditional without defense or set-off by reason of any default by the Issuer under this Agreement or under any other agreement between the Company and the Issuer or by a Credit Facility Issuer, if any, under a Credit Facility, if any, or for any other reason, including without limitation, loss or impairment of investments in the Bond Fund, any acts or circumstances that may constitute failure of consideration, destruction of or damage to the Project, commercial frustration of purpose, or failure of the Issuer to perform and observe any agreement, whether express or implied, or any duty, liability or obligation arising out of or connected with this Agreement, it being the intention of the parties that the payments required hereunder will be paid in full when due without any delay or diminution whatsoever.

Appears in 3 contracts

Samples: Quality Facilities (Ak Steel Holding Corp), Loan Agreement (Ak Steel Holding Corp), Loan Agreement (Ak Steel Holding Corp)

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No Defense or Set-Off. The obligations of the Company to make payments on of the Note Purchase Price shall be absolute and unconditional without any defense or set-off by reason of any default by the Issuer contractors under any contracts regarding the Project Facilities or by the Authority under this Agreement or under any other agreement between the Company and the Issuer or by a Credit Facility Issuer, if any, under a Credit Facility, if any, Authority or for any other reason, including without limitation, loss or impairment of investments in limitation failure to complete the Bond FundProject Facilities, any acts or circumstances that may constitute failure of consideration, destruction of or damage to the ProjectProject Facilities, invalidity or unenforceability of the 1992 Bonds, commercial frustration of purpose, purpose or failure of the Issuer Authority to perform and observe any agreement, whether express or implied, or any duty, liability or obligation arising out of or connected with this Agreement, it being the intention of the parties that the payments required of the Company hereunder will be paid in full when due without any delay or diminution whatsoever.

Appears in 1 contract

Samples: Installment Sale Agreement (NPR Inc)

No Defense or Set-Off. The obligations of the Company to make payments on required under Section 4.02 hereof and the Note First Mortgage Bond shall be absolute and unconditional without defense or set-off by reason of any default by the Issuer under this Agreement or under any other agreement between the Company and the Issuer or by a Credit Facility Issuer, if any, under a Credit Facility, if any, or for any other reason, including including, without limitation, loss or impairment of investments in the Bond Fund, any acts or circumstances that may constitute failure of consideration, destruction of or damage to the ProjectProject Facilities, commercial impracticability or frustration of purpose, any loss of the proceeds of the Bonds or on any investment thereof, or failure of the Issuer to perform and observe any agreement, whether express or implied, or any duty, liability or obligation arising out of or connected with this Agreement, it being the intention of the parties that the payments required hereunder will be paid in full when due without any delay or diminution whatsoever.

Appears in 1 contract

Samples: Facilities Loan Agreement (Delmarva Power & Light Co /De/)

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No Defense or Set-Off. The obligations of the Company to make payments on required under the Note shall be absolute and unconditional without defense or set-off set‑off by reason of any default by the Issuer under this Agreement or under any other agreement between the Company and the Issuer or by a Credit Facility Issuer, if any, under a Credit Facility, if any, or for any other reason, including including, without limitation, loss or impairment of investments in the Bond Fund, any acts or circumstances that may constitute failure of consideration, destruction of or damage to the ProjectProject Facilities, commercial impracticability or frustration of purpose, any loss of the proceeds of the Bonds or on any investment thereof, or failure of the Issuer to perform and observe any agreement, whether express or implied, or any duty, liability or obligation arising out of or connected with this Agreement, it being the intention of the parties that the payments required hereunder will be paid in full when due without any delay or diminution whatsoever.

Appears in 1 contract

Samples: Exempt Facilities Loan Agreement (Potomac Electric Power Co)

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