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 Bank's obligation to transfer the amount of a Revolving Credit Loan to the Swing Loan Bank as provided in Section 2.01 (b) (ii) or to purchase a participating interest pursuant to Section 2.01 (b) (iii) 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 Bank, the Borrower or any other Person may have against the Swing Loan Bank or any other Person, (ii) the occurrence or continuance of a Default or an Event of Default or the termination or reduction of the Commitment, (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 Bank or any other Person or (v) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing.

Appears in 2 contracts

Samples: Loan Agreement (Wellman Inc), Loan Agreement (Wellman Inc)

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Obligations to Refund or Purchase Participations in Swing Loans Absolute. Each BankRevolving Lender's obligation to transfer the amount of a Revolving Credit Loan to the Swing Loan Bank Lender as provided in Section 2.01 (b) (ii2.01(e) or to purchase a participating interest pursuant to Section 2.01 (b) (iii2.01(f) 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 BankRevolving Lender, the either Borrower or any other Person may have against the Swing Loan Bank Lender or any other Person, (ii) the occurrence or continuance of a Default or an Event of Default or the termination or reduction of the Commitmentany Commitments, (iii) any adverse change in the condition (financial or otherwise) of the either Borrower or any other Person, (iv) any breach of this Agreement by the either Borrower, any other Bank Lender or any other Person or (v) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing.

Appears in 2 contracts

Samples: Credit Agreement (Metro-Goldwyn-Mayer Inc), Credit Agreement (Metro-Goldwyn-Mayer Inc)

Obligations to Refund or Purchase Participations in Swing Loans Absolute. Each BankRevolving Lender's obligation to transfer the amount of a Revolving Credit Loan to the Swing Loan Bank Lender as provided in Section 2.01 (b) (ii2.01(e) or to purchase a participating interest pursuant to Section 2.01 (b) (iii2.01(f) 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 BankRevolving Lender, the Borrower or any other Person may have against the Swing Loan Bank Lender or any other Person, (ii) the occurrence or continuance of a Default or an Event of Default or the termination or reduction of the Commitmentany 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 Bank Lender or any other Person or (v) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing.

Appears in 1 contract

Samples: Credit Agreement (Metro-Goldwyn-Mayer Inc)

Obligations to Refund or Purchase Participations in Swing Loans Absolute. Each Bank's Revolving Lender’s obligation to transfer the amount of a Revolving Credit Loan to the Swing Loan Bank Lender as provided in Section 2.01 (b) (ii2.01(e) or to purchase a participating interest pursuant to Section 2.01 (b) (iii2.01(f) 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 BankRevolving Lender, the Borrower or any other Person may have against the Swing Loan Bank Lender or any other Person, (ii) the occurrence or continuance of a Default or an Event of Default or the termination or reduction of the Commitmentany 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 Bank Lender or any other Person or (v) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing.

Appears in 1 contract

Samples: Credit Agreement (Metro-Goldwyn-Mayer Inc)

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Obligations to Refund or Purchase Participations in Swing Loans Absolute. Each BankRevolving Lender's obligation to transfer the amount of a Revolving Credit Loan to the Swing Loan Bank Lender as provided in Section 2.01 (b) (ii2.01(e) or to purchase a participating interest pursuant to Section 2.01 (b) (iii2.01(f) 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 BankRevolving Lender, the either Borrower or any other Person may have against the Swing Loan Bank Lender or any other Person, (ii) ii the occurrence or continuance of a Default or an Event of Default or the termination or reduction of the Commitmentany Commitments, (iii) ii any adverse change in the condition (financial or otherwise) of the either Borrower or any other Person, (iv) iv any breach of this Agreement by the either Borrower, any other Bank Lender or any other Person or (v) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing.

Appears in 1 contract

Samples: Credit Agreement (Metro-Goldwyn-Mayer Inc)

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