Common use of Obligation to Fund Absolute Clause in Contracts

Obligation to Fund Absolute. Each Revolving Lender's obligations pursuant to clause (c) above shall be absolute, unconditional and irrevocable and shall be performed strictly in accordance with the terms of this Agreement under any and all circumstances whatsoever, including (A) the existence of any setoff, claim, abatement, recoupment, defense or other right that such Revolving Lender, Administrative Agent, any other Revolving Lender or any other Person may have against the Swingline Lender, Administrative Agent, any other Lender or any other Person, (B) the failure of any condition precedent set forth in Section 4.02 to be satisfied or the failure of the Borrowers to deliver a Swingline Request (each of which requirements the Revolving Lenders hereby irrevocably waive), and (C) any adverse change in the condition (financial or otherwise) of any Credit Party.

Appears in 1 contract

Samples: Credit Agreement (Brookdale Senior Living Inc.)

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Obligation to Fund Absolute. Each Revolving Lender's ’s obligations pursuant to clause (ciii) above shall be absolute, unconditional and irrevocable and shall be performed strictly in accordance with the terms of this Agreement under any and all circumstances whatsoever, including (A) the existence of any setoff, claim, abatement, recoupment, defense defence or other right that such Revolving Lender, Administrative Agent, any other Revolving Lender Affiliate thereof or any other Person may have against the Swingline Lender, Administrative Agent, any other Lender or L/C Issuer or any other Person, (B) the failure of any condition precedent set forth in Section 4.02 2.2 to be satisfied or the failure of the Borrowers Borrower Representative to deliver a Swingline Request Notice of Borrowing (each of which requirements the Revolving Lenders hereby irrevocably waive), ) and (C) any adverse change in the condition (financial or otherwise) of any Credit Party.

Appears in 1 contract

Samples: Credit Agreement (Tembec Industries Inc)

Obligation to Fund Absolute. Each Lender with a Revolving Lender's Credit Commitment’s obligations pursuant to clause (ciii) above shall be absolute, unconditional and irrevocable and shall be performed strictly in accordance with the terms of this Agreement under any and all circumstances whatsoever, including (A) the existence of any setoff, claim, abatement, recoupment, defense or other right that such Revolving Lender, Administrative Agent, any other Revolving Lender Affiliate thereof or any other Person may have against the Swingline Lender, the Administrative Agent, any other Lender or Letter of Credit Issuer or any other Person, (B) the failure of any condition precedent set forth in Section 4.02 7.01 to be satisfied or the failure of the Borrowers Borrower to deliver a Swingline Request Notice of Borrowing (each of which requirements the Lenders with Revolving Lenders Credit Commitments hereby irrevocably waive), ) and (C) any adverse change in the condition (financial or otherwise) of any Credit Party.

Appears in 1 contract

Samples: Credit Agreement

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Obligation to Fund Absolute. Each Revolving Lender's ’s obligations pursuant to clause (c) above shall be absolute, unconditional and irrevocable and shall be performed strictly in accordance with the terms of this Agreement under any and all circumstances whatsoever, including (A) the existence of any setoff, claim, abatement, recoupment, defense or other right that such Revolving Lender, Administrative Agent, any other Revolving Lender or any other Person may have against the Swingline Lender, Administrative Agent, any other Lender or any other Person, (B) the failure of any condition precedent set forth in Section 4.02 to be satisfied or the failure of the Borrowers to deliver a Swingline Request (each of which requirements the Revolving Lenders hereby irrevocably waive), and (C) any adverse change in the condition (financial or otherwise) of any Credit Party.

Appears in 1 contract

Samples: Credit Agreement (Brookdale Senior Living Inc.)

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