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 Lender’s obligation to transfer the amount of a Revolving Loan to the Swing Lender as provided in Section 2.1(b)(iii) or to purchase a Participation Interest pursuant to Section 2.1(b)(iv) shall be absolute and unconditional and shall not be affected by any circumstance, including, without limitation, (A) any setoff, counterclaim, recoupment, defense or other right which such Lender, the Borrowers or any other Person may have against the Swing Lender or any other Person, other than the Swing Lender’s gross negligence or willful misconduct in connection with making any such Swing Loan, (B) the occurrence or continuance of a Default or an Event of Default or the termination or reduction of the Revolving Committed Amount, subject to the consent requirements of Section 2.1(b)(i), (C) any adverse change in the condition (financial or otherwise) of either of the Borrowers or any other Person, (D) any breach of this Credit Agreement by either of the Borrowers, any other Lender or any other Person, or (E) 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 Lender’s obligation to transfer the amount of a Revolving Swing Loan made in accordance with §2.1(b)(i) to the Swing Lender as provided in Section 2.1(b)(iii§2.1(b)(ii) or to purchase a Participation Interest participating interest pursuant to Section 2.1(b)(iv§2.1(b)(iii) shall be absolute and unconditional and shall not be affected by any circumstance, including, without limitation, (A) any setoff, counterclaim, recoupment, defense or other right which such Lender, the Borrowers Borrower or any other Person may have against the Swing Lender or any other Person, other than the Swing Lender’s gross negligence or willful misconduct in connection with making any such Swing Loan, (B) the occurrence or continuance of a Default or an Event of Default or the termination or reduction of the Revolving Committed Amount, subject to the consent requirements of Section 2.1(b)(i)Commitments, (C) any adverse change in the condition (financial or otherwise) of either of the Borrowers Borrower or any other Person, (D) any breach of this Credit Agreement by either of the BorrowersBorrower, any other Lender or any other Person, or (E) 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 Lender’s 's obligation to transfer the amount of a Revolving Swing Loan made in accordance with Section 2.1(b)(i) to the Swing Lender as provided in Section 2.1(b)(iii2.1(b)(ii) or to purchase a Participation Interest participating interest pursuant to Section 2.1(b)(iv2.1(b)(iii) shall be absolute and unconditional and shall not be affected by any circumstance, including, without limitation, (A) any setoff, counterclaim, recoupment, defense or other right which such Lender, the Borrowers Borrower or any other Person may have against the Swing Lender or any other Person, other than the Swing Lender’s 's gross negligence or willful misconduct in connection with making any such Swing Loan, (B) the occurrence or continuance of a Default or an Event of Default or the termination or reduction of the Revolving Committed Amount, subject to the consent requirements of Section 2.1(b)(i)Commitments, (C) any adverse change in the condition (financial or otherwise) of either of the Borrowers Borrower or any other Person, (D) any breach of this Credit Agreement by either of the BorrowersBorrower, any other Lender or any other Person, or (E) 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 Lender’s 's obligation to transfer the amount of a Revolving Loan to the Swing Lender as provided in Section 2.1(b)(iii2.01(d) or to purchase a Participation Interest participating interest pursuant to Section 2.1(b)(iv2.01(e) shall be absolute and unconditional and shall not be affected by any circumstance, including, without limitation, (Ai) any setoffset-off, counterclaim, recoupment, defense or other right which such Lender, the Borrowers Borrower or any other Person may have against the Swing Lender or any other Person, other than the Swing Lender’s gross negligence or willful misconduct in connection with making any such Swing Loan, (Bii) the occurrence or continuance of a Default or an Event of Default or the termination or reduction of the Revolving Committed Amount, subject to the consent requirements of Section 2.1(b)(i)Commitments, (Ciii) any adverse change in the condition (financial or otherwise) of either of the Borrowers Borrower or any other Person, (Div) any breach of this Credit Agreement by either of the BorrowersBorrower, any other Lender or any other Person, Person or (Ev) 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 Lender’s 's obligation to transfer the amount of a Revolving Loan to the Swing Lender as provided in Section 2.1(b)(iii) or to purchase a Participation Interest pursuant to Section 2.1(b)(iv) shall be absolute and unconditional and shall not be affected by any circumstance, including, without limitation, (A) any setoff, counterclaim, recoupment, defense or other right which such Lender, the Borrowers or any other Person may have against the Swing Lender or any other Person, other than the Swing Lender’s 's gross negligence or willful misconduct in connection with making any such Swing Loan, (B) the occurrence or continuance of a Default or an Event of Default or the termination or reduction of the Revolving Committed Amount, subject to the consent requirements of Section 2.1(b)(i), (C) any adverse change in the condition (financial or otherwise) of either of the Borrowers or any other Person, (D) any breach of this Credit Agreement by either of the Borrowers, any other Lender or any other Person, or (E) 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 obligation to transfer the amount of a Revolving Loan to the Swing Lender Lenders as provided in Section 2.1(b)(iii) or to purchase a Participation Interest pursuant to Section 2.1(b)(iv) shall be absolute and unconditional and shall not be affected by any circumstance, including, without limitation, (A) any setoff, counterclaim, recoupment, defense or other right which such Lender, the Borrowers or any other Person may have against the any Swing Lender or any other Person, other than the such Swing Lender’s gross negligence or willful misconduct in connection with making any such Swing Loan, (B) the occurrence or continuance of a Default or an Event of Default or the termination or reduction of the Revolving Committed Amount, subject to the consent requirements of Section 2.1(b)(i), (C) any adverse change in the condition (financial or otherwise) of either of the Borrowers or any other Person, (D) any breach of this Credit Agreement by either of the Borrowers, any other Lender or any other Person, or (E) 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 Lender’s obligation to transfer the amount of a Revolving Loan to the Swing Lender as provided in Section 2.1(b)(iii2.1(c)(iii) or to purchase a Participation Interest participating interest pursuant to Section 2.1(b)(iv2.1(c)(iv) shall be absolute and unconditional and shall not be affected by any circumstance, including, without limitation, (A) any setoff, counterclaim, recoupment, defense or other right which such Lender, the Borrowers Borrower or any other Person may have against the Swing Lender or any other Person, other than the Swing Lender’s gross negligence or willful misconduct in connection with making any such Swing Loan, (B) the occurrence or continuance of a Potential Event of Default or an Event of Default or the termination or reduction of the Revolving Committed Amount, subject to the consent requirements of Section 2.1(b)(i)Credit Commitments, (C) any adverse change in the condition (financial or otherwise) of either of the Borrowers Borrower or any other Person, (D) any breach of this Credit Agreement by either of the BorrowersBorrower, any other Lender or any other Person, or (E) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing.