Common use of Obligations Unconditional and Independent Clause in Contracts

Obligations Unconditional and Independent. Notwithstanding the existence at any time of any obligation or liability of Lender to Borrower, or any other claim by Borrower against Lender in connection with the Loan or otherwise, Borrower hereby waives any right it might otherwise have (a) to offset any such obligation, liability or claim against Borrower’s obligations under the Loan Documents or (b) to claim that the existence of any such outstanding obligation, liability or claim excuses the nonperformance by Borrower of any of its obligations under the Loan Documents.

Appears in 5 contracts

Samples: Credit Agreement (JetPay Corp), Revolving Credit Loan Agreement (Global Self Storage, Inc.), Credit Agreement (JetPay Corp)

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Obligations Unconditional and Independent. Notwithstanding the existence at any time of any obligation or liability of Lender Administrative Agent or the Banks to Borrower, or any other claim by Borrower against Lender Administrative Agent or any of the Banks in connection with the Loan or otherwise, Borrower hereby waives any right it might otherwise have (a) to offset any such obligation, liability or claim against Borrower’s obligations under the Loan Documents or (b) to claim that the existence of any such outstanding obligation, liability or claim excuses the nonperformance by Borrower of any of its obligations under the Loan Documents.

Appears in 4 contracts

Samples: Syndicated Term Loan Agreement (Strategic Storage Trust VI, Inc.), Syndicated Term Loan Agreement (Strategic Storage Trust VI, Inc.), Syndicated Term Loan Agreement (Strategic Storage Trust VI, Inc.)

Obligations Unconditional and Independent. Notwithstanding the existence at any time of any obligation or liability of Lender to Borrower, or any other claim by Borrower against Lender in connection with the Loan or otherwise, Borrower hereby waives any right it might otherwise have (a) to offset any such obligation, liability or claim against Borrower’s obligations under the Loan Security Documents or (b) to claim that the existence of any such outstanding obligation, liability or claim excuses the nonperformance by Borrower of any of its obligations under the Loan Security Documents.

Appears in 2 contracts

Samples: Loan Agreement (Jagged Peak, Inc.), Construction Loan Agreement (CNL Growth Properties, Inc.)

Obligations Unconditional and Independent. Notwithstanding the existence at any time of any obligation or liability of Lender to Borrowerany Obligor, or any other claim by Borrower any Obligor against Lender in connection with the Loan or otherwise, Borrower each Obligor hereby waives any right it might otherwise have (a) to offset any such obligation, liability or claim against Borrowersuch Obligor’s obligations under the Loan Documents or (b) to claim that the existence of any such outstanding obligation, liability or claim excuses the nonperformance by Borrower such Obligor of any of its obligations under the Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Lodging Fund REIT III, Inc.)

Obligations Unconditional and Independent. Notwithstanding the existence at any time of any obligation or liability of Lender to Borrower, or any other claim by Borrower against Lender Lender, in connection with the Loan or otherwise, Borrower hereby waives any right it might otherwise have (a) to offset any such obligation, liability or claim against Borrower’s obligations under the Loan Documents Documents, or (b) to claim that the existence of any such outstanding obligation, liability or claim excuses the nonperformance by Borrower of any of its obligations under the Loan Documents.

Appears in 1 contract

Samples: Construction Loan Agreement

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Obligations Unconditional and Independent. Notwithstanding the existence at any time of any obligation or liability of Lender to Borrower, or any other claim by Borrower against Lender in connection with the Loan or otherwise, except as expressly set forth in the Purchase Option Agreement, Borrower hereby waives any right it might otherwise have (a) to offset any such obligation, liability or claim against Borrower’s obligations under the Loan Documents or (b) to claim that the existence of any such outstanding obligation, liability or claim excuses the nonperformance by Borrower of any of its obligations under the Loan Documents.

Appears in 1 contract

Samples: Construction Loan Agreement (Sentio Healthcare Properties Inc)

Obligations Unconditional and Independent. Notwithstanding the existence at any time of any obligation or liability of Lender or Bondowner Representative, as the case may be, to Borrower, or any other claim by Borrower against Lender or Bondowner Representative, as the case may be, in connection with the Loan Loans or otherwise, Borrower hereby waives any right it might otherwise have (a) to offset any such obligation, liability or claim against Borrower’s obligations under the Loan Documents or (b) to claim that the existence of any such outstanding obligation, liability or claim excuses the nonperformance by Borrower of any of its obligations under the Loan Documents.

Appears in 1 contract

Samples: Loan Agreement

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