Common use of Obligations to Refund or Purchase Participations in Swing Loans Absolute Clause in Contracts

Obligations to Refund or Purchase Participations in Swing Loans Absolute. Each Revolving Lender's obligation to transfer the amount of a Revolving Loan to the Swing Loan Lender as provided in Section 2.17(g) or to purchase a participating interest pursuant to Section 2.17(h) shall be absolute and unconditional and shall not be affected by any circumstance, including, without limitation, (i) any set-off, counterclaim, recoupment, defense or other right which such Revolving Lender, the Borrower or any other Person may have against the Swing Loan Lender or any other Person, (ii) the occurrence or continuance of a Default or an Event of Default or the termination or reduction of any Commitments, (iii) any adverse change in the condition (financial or otherwise) of the Borrower or any other Person, (iv) any breach of this Agreement by the Borrower, any other Lender or any other Person or (v) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing.

Obligations to Refund or Purchase Participations in Swing Loans Absolute. Each Revolving Lender's ’s obligation to transfer the amount of a Revolving Loan to the Swing Loan Lender as provided in Section 2.17(g2.1(b)(iii) or to purchase a participating interest Participation Interest pursuant to Section 2.17(h2.1(b)(iv) shall be absolute and unconditional and shall not be affected by any circumstance, including, without limitation, (iA) any set-offsetoff, counterclaim, recoupment, defense or other right which such Revolving Lender, the Borrower Borrowers or any other Person may have against the Swing Loan Lender or any other Person, other than the Swing Lender’s gross negligence or willful misconduct in connection with making any such Swing Loan, (iiB) the occurrence or continuance of a Default or an Event of Default or the termination or reduction of any Commitmentsthe Revolving Committed Amount, subject to the consent requirements of Section 2.1(b)(i), (iiiC) any adverse change in the condition (financial or otherwise) of either of the Borrower Borrowers or any other Person, (ivD) any breach of this Credit Agreement by either of the BorrowerBorrowers, any other Lender or any other Person Person, or (vE) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing.

Obligations to Refund or Purchase Participations in Swing Loans Absolute. Each Revolving Lender's ’s obligation to transfer the amount of a Revolving Swing Loan made in accordance with §2.1(b)(i) to the Swing Loan Lender as provided in Section 2.17(g§2.1(b)(ii) or to purchase a participating interest pursuant to Section 2.17(h§2.1(b)(iii) shall be absolute and unconditional and shall not be affected by any circumstance, including, without limitation, (iA) any set-offsetoff, counterclaim, recoupment, defense or other right which such Revolving Lender, the Borrower or any other Person may have against the Swing Loan Lender or any other Person, other than the Swing Lender’s gross negligence or willful misconduct in connection with making any such Swing Loan, (iiB) the occurrence or continuance of a Default or an Event of Default or the termination or reduction of any the Commitments, (iiiC) any adverse change in the condition (financial or otherwise) of the Borrower or any other Person, (ivD) any breach of this Agreement by the Borrower, any other Lender or any other Person Person, or (vE) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing.

Obligations to Refund or Purchase Participations in Swing Loans Absolute. Each Revolving Lender's ’s obligation to transfer the amount of a Revolving Loan to the Swing Loan Lender as provided in Section 2.17(g) or to purchase a participating interest pursuant to Section 2.17(h) shall be absolute and unconditional and shall not be affected by any circumstance, including, without limitation, (i) any set-off, counterclaim, recoupment, defense or other right which such Revolving Lender, the Borrower or any other Person may have against the Swing Loan Lender or any other Person, (ii) the occurrence or continuance of a Default or an Event of Default or the termination or reduction of any Commitments, (iii) any adverse change in the condition (financial or otherwise) of the Borrower or any other Person, (iv) any breach of this Agreement by the Borrower, any other Lender or any other Person or (v) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing.

Obligations to Refund or Purchase Participations in Swing Loans Absolute. Each Revolving Lender's obligation to transfer the amount of a Revolving Swing Loan made in accordance with Section 2.1(b)(i) to the Swing Loan Lender as provided in Section 2.17(g2.1(b)(ii) or to purchase a participating interest pursuant to Section 2.17(h2.1(b)(iii) shall be absolute and unconditional and shall not be affected by any circumstance, including, without limitation, (iA) any set-offsetoff, counterclaim, recoupment, defense or other right which such Revolving Lender, the Borrower or any other Person may have against the Swing Loan Lender or any other Person, other than the Swing Lender's gross negligence or willful misconduct in connection with making any such Swing Loan, (iiB) the occurrence or continuance of a Default or an Event of Default or the termination or reduction of any the Commitments, (iiiC) any adverse change in the condition (financial or otherwise) of the Borrower or any other Person, (ivD) any breach of this Agreement by the Borrower, any other Lender or any other Person Person, or (vE) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing.

Obligations to Refund or Purchase Participations in Swing Loans Absolute. Each Revolving Lender's obligation to transfer the amount of a Revolving Loan to the Swing Loan Lender as provided in Section 2.17(g2.01(d) or to purchase a participating interest pursuant to Section 2.17(h2.01(e) shall be absolute and unconditional and shall not be affected by any circumstance, including, without limitation, (i) any set-off, counterclaim, recoupment, defense or other right which such Revolving Lender, the Borrower or any other Person may have against the Swing Loan Lender or any other Person, (ii) the occurrence or continuance of a Default or an Event of Default or the termination or reduction of any the Commitments, (iii) any adverse change in the condition (financial or otherwise) of the Borrower or any other Person, (iv) any breach of this Agreement by the Borrower, any other Lender or any other Person or (v) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing.

Obligations to Refund or Purchase Participations in Swing Loans Absolute. Each Revolving LenderBank's obligation to transfer the amount of a Revolving Loan to the Swing Loan Lender as provided in Section 2.17(g2.01(a)(iii) or to purchase a participating interest pursuant to Section 2.17(h2.01(a)(iv) shall be absolute and unconditional and shall not be affected by any circumstance, including, without limitation, (i) any set-off, counterclaim, recoupment, defense or other right which such Revolving LenderBank, the Borrower or any other Person may have against the Swing Loan Lender or any other Person, other than the Swing Lender's gross negligence or willful misconduct in connection with making any such Swing Loan, (ii) the occurrence or continuance of a Default or an Event of Default or the termination or reduction of any the Commitments, (iii) any adverse change in the condition (financial or otherwise) of the Borrower or any other Person, (iv) any breach of this Agreement by the Borrower, any other Lender Bank or any other Person Person, or (v) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing.

Obligations to Refund or Purchase Participations in Swing Loans Absolute. Each Revolving Loan Lender's ’s obligation to transfer the amount of a Revolving Loan to the Swing Loan Lender Lenders as provided in Section 2.17(g2.1(b)(iii) or to purchase a participating interest Participation Interest pursuant to Section 2.17(h2.1(b)(iv) shall be absolute and unconditional and shall not be affected by any circumstance, including, without limitation, (iA) any set-offsetoff, counterclaim, recoupment, defense or other right which such Revolving Lender, the Borrower Borrowers or any other Person may have against the any Swing Loan Lender or any other Person, other than such Swing Lender’s gross negligence or willful misconduct in connection with making any such Swing Loan, (iiB) the occurrence or continuance of a Default or an Event of Default or the termination or reduction of any Commitmentsthe Revolving Committed Amount, subject to the consent requirements of Section 2.1(b)(i), (iiiC) any adverse change in the condition (financial or otherwise) of either of the Borrower Borrowers or any other Person, (ivD) any breach of this Credit Agreement by either of the BorrowerBorrowers, any other Lender or any other Person Person, or (vE) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing.

Obligations to Refund or Purchase Participations in Swing Loans Absolute. Each Revolving Lender's ’s obligation to transfer the amount of a Revolving Loan to the Swing Loan Lender as provided in Section 2.17(g2.1(c)(iii) or to purchase a participating interest pursuant to Section 2.17(h2.1(c)(iv) shall be absolute and unconditional and shall not be affected by any circumstance, including, without limitation, (iA) any set-offsetoff, counterclaim, recoupment, defense or other right which such Revolving Lender, the Borrower or any other Person may have against the Swing Loan Lender or any other Person, other than the Swing Lender’s gross negligence or willful misconduct in connection with making any such Swing Loan, (iiB) the occurrence or continuance of a Potential Event of Default or an Event of Default or the termination or reduction of any the Revolving Credit Commitments, (iiiC) any adverse change in the condition (financial or otherwise) of the Borrower or any other Person, (ivD) any breach of this Agreement by the Borrower, any other Lender or any other Person Person, or (vE) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing.

Obligations to Refund or Purchase Participations in Swing Loans Absolute. Each Revolving Lender's obligation to transfer the amount of a Revolving Loan to the Swing Loan Lender as provided in Section 2.17(g2.1(c) or to purchase a participating interest pursuant to Section 2.17(h2.1(d) shall be absolute and unconditional and shall not be affected by any circumstance, including, without limitation, (i) any set-off, counterclaim, recoupment, defense or other right which such Revolving Lender, the Borrower Borrowers or any other Person may have against the Swing Loan Lender or any other Person, other than resulting from the Swing Lender's gross negligence or willful misconduct in connection with making any such Swing Loan, (ii) the occurrence or continuance of a Default or an Event of Default or the termination or reduction of any the Commitments, (iii) any adverse change in the condition (financial or otherwise) of the any Borrower or any other Person, (iv) any breach of this Agreement by the any Borrower, any other Lender or any other Person Person, or (v) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing.

Obligations to Refund or Purchase Participations in Swing Loans Absolute. Each Revolving Lender's obligation to transfer the amount of a Revolving Loan to the Swing Loan Lender as provided in Section 2.17(g2.01(d) or to purchase a participating interest pursuant to Section 2.17(h2.01(e) shall be absolute and unconditional and shall not be affected by any circumstance, including, without limitation, (i) any set-off, counterclaim, recoupment, defense or other right which such Revolving Lender, the Borrower or any other Person may have against the Swing Loan Lender or any other Person, (ii) the occurrence or continuance of a Default or an Event of Default or the termination or reduction of any the Commitments, (iii) any adverse change in the condition (financial or otherwise) of the Borrower or any other Person, (iv) any breach of this Agreement by the Borrower, any other Lender or any other Person or (v) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing; provided that no Lender shall be obligated to make any such transfer under Section 2.01(d) or purchase under 2.01(e) with respect to any Swing Loan made by the Swing Lender at a time when the Swing Lender had determined that any applicable condition specified in Article III had not been satisfied.

Obligations to Refund or Purchase Participations in Swing Loans Absolute. Each Revolving LenderBank's obligation to transfer the amount of a Revolving Loan to the Swing Loan Lender as provided in Section 2.17(g2.1(b)(ii) or to purchase a participating interest pursuant to Section 2.17(h2.1(b)(iii) shall be absolute and unconditional and shall not be affected by any circumstance, including, without limitation, (iA) any set-offsetoff, counterclaim, recoupment, defense or other right which such Revolving LenderBank, the Borrower or any other Person may have against the Swing Loan Lender or any other Person, other than the Swing Lender's gross negligence or willful misconduct in connection with making any such Swing Loan, (iiB) the occurrence or continuance of a Default or an Event of Default or the termination or reduction of any the Commitments, (iiiC) any adverse change in the condition (financial or otherwise) of the Borrower or any other Person, (ivD) any breach of this Agreement by the Borrower, any other Lender Bank or any other Person Person, or (vE) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing.

Obligations to Refund or Purchase Participations in Swing Loans Absolute. Each Revolving Lender's obligation to transfer the amount of a Revolving Loan to the Swing Loan Lender as provided in Section 2.17(g2.1(b)(iii) or to purchase a participating interest Participation Interest pursuant to Section 2.17(h2.1(b)(iv) shall be absolute and unconditional and shall not be affected by any circumstance, including, without limitation, (iA) any set-offsetoff, counterclaim, recoupment, defense or other right which such Revolving Lender, the Borrower Borrowers or any other Person may have against the Swing Loan Lender or any other Person, other than the Swing Lender's gross negligence or willful misconduct in connection with making any such Swing Loan, (iiB) the occurrence or continuance of a Default or an Event of Default or the termination or reduction of any Commitmentsthe Revolving Committed Amount, subject to the consent requirements of Section 2.1(b)(i), (iiiC) any adverse change in the condition (financial or otherwise) of either of the Borrower Borrowers or any other Person, (ivD) any breach of this Credit Agreement by either of the BorrowerBorrowers, any other Lender or any other Person Person, or (vE) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing.