Common use of Participation Obligations Unconditional Clause in Contracts

Participation Obligations Unconditional. (a) Each Lender’s obligation to make available to the Administrative Agent for the account of the Swing Line Lender the amount of its participation interest in all Swing Line Loans as provided in Section 2.4.3 shall be absolute and unconditional and shall not be affected by any circumstance, including (i) any set-off, counterclaim, recoupment, defense or other right which such Lender may have against the Swing Line Lender or any other Person, (ii) the occurrence or continuance of an Event of Default or Unmatured Event of Default, (iii) any adverse change in the condition (financial or otherwise) of the Company or any Subsidiary thereof, (iv) any termination of the Commitments or (v) any other circumstance, happening or event whatsoever.

Appears in 4 contracts

Samples: Security Agreement (Middleby Corp), Pledge Agreement (Middleby Corp), Credit Agreement (Middleby Corp)

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Participation Obligations Unconditional. (a) Each LenderBank’s obligation to make available to the Administrative Agent for the account of the Swing Line Lender Bank the amount of its participation interest in all Swing Line Loans as provided in Section 2.4.3 shall be absolute and unconditional and shall not be affected by any circumstance, including (i) any set-off, counterclaim, recoupment, defense or other right which such Lender Bank may have against the Swing Line Lender Bank or any other Person, (ii) the occurrence or continuance of an Event of Default or Unmatured Event of Default, (iii) any adverse change in the condition (financial or otherwise) of the Company or any Subsidiary thereof, (iv) any termination of the Commitments or (v) any other circumstance, happening or event whatsoever.

Appears in 3 contracts

Samples: Assignment Agreement (Regal Beloit Corp), Credit Agreement (Tetra Tech Inc), Credit Agreement (Regal Beloit Corp)

Participation Obligations Unconditional. (a) Each Revolving Lender’s obligation to make available to the Administrative Agent for the account of the Swing Line Lender the amount of its participation interest in all any Swing Line Loans Loan as provided in Section 2.4.3 shall be absolute and unconditional and shall not be affected by any circumstance, including (i) any set-off, counterclaim, recoupment, defense or other right which that such Revolving Lender may have against the Swing Line Lender or any other Person, (ii) the occurrence or continuance of an Event of Default or Unmatured Event of Default, (iii) any adverse change in the condition (financial or otherwise) of the Company Parent or any Subsidiary thereof, (iv) any termination of the Commitments or (v) any other circumstance, happening or event whatsoever.

Appears in 3 contracts

Samples: Security Agreement (MIDDLEBY Corp), Credit Agreement (Middleby Corp), Pledge Agreement (Middleby Corp)

Participation Obligations Unconditional. (a) Each Lender’s Bank's obligation to make available to the Administrative Agent for the account of the Swing Line Lender Bank the amount of its participation interest in all Swing Line Loans as provided in Section 2.4.3 shall be absolute and unconditional and shall not be affected by any circumstance, including (i) any set-off, counterclaim, recoupment, defense or other right which such Lender Bank may have against the Swing Line Lender Bank or any other Person, (ii) the occurrence or continuance of an Event of Default or Unmatured Event of Default, (iii) any adverse change in the condition (financial or otherwise) of the Company or any Subsidiary thereof, (iv) any termination of the Revolving Commitments or (v) any other circumstance, happening or event whatsoever.

Appears in 2 contracts

Samples: Credit Agreement (Synagro Technologies Inc), Credit Agreement (Synagro Technologies Inc)

Participation Obligations Unconditional. (a) Each Lender’s Bank's obligation to make available to the Administrative Agent for the account of the Swing Line Lender Bank the amount of its participation interest in all Swing Line Loans as provided in Section SECTION 2.4.3 shall be absolute and unconditional and shall not be affected by any circumstance, including (i) any set-off, counterclaim, recoupment, defense or other right which such Lender Bank may have against the Swing Line Lender Bank or any other Person, (ii) the occurrence or continuance of an Event of Default or Unmatured Event of Default, (iii) any adverse change in the condition (financial or otherwise) of the Company or any Subsidiary thereof, (iv) any termination of the Commitments or (v) any other circumstance, happening or event whatsoever.

Appears in 2 contracts

Samples: Credit Agreement (U S Liquids Inc), Credit Agreement (U S Liquids Inc)

Participation Obligations Unconditional. (a) Each Lender’s 's obligation to make available to the Administrative Agent for the account of the Swing Line Lender the amount of its participation interest in all any Swing Line Loans Loan as provided in Section 2.4.3 shall be absolute and unconditional and shall not be affected by any circumstance, including (i) any set-off, counterclaim, recoupment, defense or other right which such Lender may have against the Swing Line Lender or any other Person, (ii) the occurrence or continuance of an Event of Default or Unmatured Event of Default, (iii) any adverse change in the condition (financial or otherwise) of the Company or any Subsidiary thereofSubsidiary, (iv) any termination of the Commitments or (v) any other circumstance, happening or event whatsoever.

Appears in 1 contract

Samples: Credit Agreement (American Italian Pasta Co)

Participation Obligations Unconditional. (a) Each Revolving Lender’s obligation to make available to the Administrative Agent for the account of the Swing Line Lender Lenders the amount of its participation interest in all Swing Line Loans as provided in Section 2.4.3 shall be absolute and unconditional and shall not be affected by any circumstance, including (i) any set-off, counterclaim, recoupment, defense or other right which such Revolving Lender may have against the any Swing Line Lender or any other Person, (ii) the occurrence or continuance of an Event of Default or Unmatured Event of Default, (iii) any adverse change in the condition (financial or otherwise) of the Company or any Subsidiary thereof, (iv) any termination of the Commitments or (v) any other circumstance, happening or event whatsoever.

Appears in 1 contract

Samples: Credit Agreement (Regal Beloit Corp)

Participation Obligations Unconditional. (ai) Each Revolving Lender’s 's obligation to make available to the Administrative Agent for the account of the Swing Line Lender the amount of its participation interest in all Swing Line Loans as provided in Section 2.4.3 2.5(c) shall be absolute and unconditional and shall not be affected by any circumstance, including (iA) any set-off, counterclaim, recoupment, defense or other right which such Revolving Lender may have against the Swing Line Lender or any other Person, (iiB) the occurrence or continuance of an Event of Default or Unmatured Event of Default, (iiiC) any adverse change in the condition (financial or otherwise) of the Company Borrower or any Subsidiary thereof, (ivD) any termination of the Commitments or (vE) any other circumstance, happening or event whatsoever.

Appears in 1 contract

Samples: Credit Agreement (Fidelity National Financial Inc /De/)

Participation Obligations Unconditional. (a) Each Lender’s obligation to make available to the Administrative Agent for the account of the Swing Line Lender the amount of its participation interest in all any Swing Line Loans Loan as provided in Section 2.4.3 shall be absolute and unconditional and shall not be affected by any circumstance, including (i) any set-off, counterclaim, recoupment, defense or other right which that such Lender may have against the Swing Line Lender or any other Person, (ii) the occurrence or continuance of an Event of Default or Unmatured Event of Default, (iii) any adverse change in the condition (financial or otherwise) of the Company Parent or any Subsidiary thereof, (iv) any termination of the Commitments or (v) any other circumstance, happening or event whatsoever.

Appears in 1 contract

Samples: Security Agreement (Middleby Corp)

Participation Obligations Unconditional. (a) Each Revolving Lender’s 's obligation to make available to the Administrative Agent for the account of the Swing Line Lender the amount of its participation interest in all any Swing Line Loans Loan as provided in Section 2.4.3 shall be absolute and unconditional and shall not be affected by any circumstance, including (i) any set-off, counterclaim, recoupment, defense or other right which such Revolving Lender may have against the Swing Line Lender or any other Person, (ii) the occurrence or continuance of an Event of Default or Unmatured Event of Default, (iii) any adverse change in the condition (financial or otherwise) of the Company or any Subsidiary thereofSubsidiary, (iv) any termination of the Revolving Commitments or (v) any other circumstance, happening or event whatsoever.

Appears in 1 contract

Samples: Credit Agreement (American Italian Pasta Co)

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Participation Obligations Unconditional. (a) Each Revolving Lender’s obligation to make available to the Administrative Agent for the account of the Swing Line Lender the amount of its participation interest in all Swing Line Loans as provided in Section 2.4.3 shall be absolute and unconditional and shall not be affected by any circumstance, including (i) any set-offsetoff, counterclaim, recoupment, defense or other right which such Revolving Lender may have against the Swing Line Lender or any other Person, (ii) the occurrence or continuance of an Event of Default or Unmatured Event of Default, (iii) any adverse change in the condition (financial or otherwise) of the Company Borrower or any Subsidiary thereof, (iv) any termination of the Revolving Commitments or (v) any other circumstance, happening or event whatsoever.

Appears in 1 contract

Samples: Credit Agreement (Patriot National, Inc.)

Participation Obligations Unconditional. (a) Each Lender’s Bank's obligation to make available to the Administrative Agent for the account of the Swing Line Lender Bank the amount of its participation interest in all Swing Line Loans as provided in Section 2.4.3 shall be absolute and unconditional and shall not be affected by any circumstance, including (i) any set-off, counterclaim, recoupment, defense or other right which such Lender Bank may have against the Swing Line Lender Bank or any other Person, (ii) the occurrence or continuance of an Event of Default or Unmatured Event of Default, (iii) any adverse change in the condition (financial or otherwise) of the Company or any Subsidiary thereof, (iv) any termination of the Commitments or (v) any other circumstance, happening or event whatsoever.

Appears in 1 contract

Samples: Credit Agreement (Regal Beloit Corp)

Participation Obligations Unconditional. (a) Each Revolving Lender’s 's obligation to make available to the Administrative Agent for the account of the Swing Line Lender the amount of its participation interest in all Swing Line Loans as provided in Section 2.4.3 shall be absolute and unconditional and shall not be affected by any circumstance, including (i) any set-off, counterclaim, recoupment, defense or other right which such Revolving Lender may have against the Swing Line Lender or any other Person, (ii) the occurrence or continuance of an Event of Default or Unmatured Event of Default, (iii) any adverse change in the condition (financial or otherwise) of the Company or any Subsidiary thereof, (iv) any termination of the Revolving Commitments or (v) any other circumstance, happening or event whatsoever.

Appears in 1 contract

Samples: Credit Agreement (Middleby Corp)

Participation Obligations Unconditional. (a1) Each Revolving Lender’s obligation to make available to the Administrative Agent for the account of the Swing Line Lender Lenders the amount of its participation interest in all Swing Line Loans as provided in Section 2.4.3 shall be absolute and unconditional and shall not be affected by any circumstance, including (i) any set-off, counterclaim, recoupment, defense or other right which such Revolving Lender may have against the any Swing Line Lender or any other Person, (ii) the occurrence or continuance of an Event of Default or Unmatured Event of Default, (iii) any adverse change in the condition (financial or otherwise) of the Company or any Subsidiary thereof, (iv) any termination of the Commitments or (v) any other circumstance, happening or event whatsoever.

Appears in 1 contract

Samples: Credit Agreement (Regal Beloit Corp)

Participation Obligations Unconditional. (a) Each Lender’s 's obligation to make available to the Administrative Agent for the account of the Swing Line Lender the amount of its participation interest in all Swing Line Loans as provided in Section 2.4.3 shall be absolute and unconditional and shall not be affected by any circumstance, including (i) any set-off, counterclaim, recoupment, defense or other right which such Lender may have against the Swing Line Lender or any other Person, (ii) the occurrence or continuance of an Event of Default or Unmatured Event of Default, (iii) any adverse change in the condition (financial or otherwise) of the Company or any Subsidiary thereof, (iv) any termination of the Commitments or (v) any other circumstance, happening or event whatsoever.

Appears in 1 contract

Samples: Credit Agreement (Cupertino Electric Inc)

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