Common use of Participation Obligations Unconditional Clause in Contracts

Participation Obligations Unconditional. (a) Each --------------------------------------- Lender's obligation to make Committed Loans pursuant to Section ------- 2.21 and/or to purchase participation interests in Swing Line ---- Loans pursuant to Section 2.22 shall be absolute and ------------ unconditional and shall not be affected by any circumstance whatsoever, including (a) any set-off, counterclaim, recoupment, defense or other right which such Lender may have against the Swing Line Lender, the Company or any other Person for any reason whatsoever; (b) the occurrence or continuance of an Event of Default or Unmatured Event of Default; (c) any adverse change in the condition (financial or otherwise) of the Company or any other Person; (d) any breach of this Agreement or any other Loan Document by the Company or any other Person; (e) any inability of the Company to satisfy the conditions precedent to borrowing set forth in this Agreement on the date upon which any such Loan is to be made or any participation interest therein is to be purchased; or (f) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing.

Appears in 1 contract

Samples: Credit Agreement (Earthgrains Co /De/)

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Participation Obligations Unconditional. (a) Each --------------------------------------- Lender's obligation to make Committed Loans pursuant to Section ------- 2.21 SECTION 2.16 and/or to purchase participation interests in Swing Line ---- Loans pursuant to Section 2.22 SECTION 2.17 shall be absolute and ------------ unconditional and shall not be affected by any circumstance whatsoever, including (a) any set-off, counterclaim, recoupment, defense or other right which such Lender may have against the Swing Line Lender, the Company or any other Person for any reason whatsoever; (b) the occurrence or continuance of an Event of Default or Unmatured Event of Default; (c) any adverse change in the condition (financial or otherwise) of the Company or any other Person; (d) any breach of this Agreement or any other Loan Document by the Company or any other Person; (e) any inability of the Company to satisfy the conditions precedent to borrowing set forth in this Agreement on the date upon which any such Loan is to be made or any participation interest therein is to be purchased; or (f) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing.

Appears in 1 contract

Samples: Long Term Credit Agreement (Republic Services Inc)

Participation Obligations Unconditional. (a) Each --------------------------------------- Lender's obligation to make Committed Loans pursuant to Section ------- 2.21 2.8.2 and/or to purchase participation interests in Swing Line ---- Loans pursuant to Section 2.22 2.8.3 shall be absolute and ------------ unconditional and shall not be affected by any circumstance whatsoever, including (a) any set-off, counterclaim, recoupment, defense or other right which such Lender may have against the Swing Line Lender, the Company or any other Borrower or any other Person for any reason whatsoever; (b) the occurrence or continuance of an Event of Default or Unmatured Event of Default; (c) any adverse change in the condition (financial or otherwise) of the Company or any other Borrower or any other Person; (d) any breach of this Agreement or any other Loan Document by the Company or any other Borrower or any other Person; (e) any inability of the Company or any other Borrower to satisfy the conditions precedent to borrowing set forth in this Agreement on the date upon which any such Loan is to be made or any participation interest therein is in to be purchased; or (f) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing.

Appears in 1 contract

Samples: Credit Agreement (Andrew Corp)

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Participation Obligations Unconditional. (a) Each --------------------------------------- Lender's --------------------------------------- obligation to make Committed Revolving Loans pursuant to Section ------- 2.21 2.18 and/or to purchase ------------ participation interests in Swing Line ---- Loans pursuant to Section 2.22 2.19 shall be ------------ absolute and ------------ unconditional and shall not be affected by any circumstance whatsoever, including (a) any set-off, counterclaim, recoupment, defense or other right which such Lender may have against the Swing Line Lender, the Company any Loan Party or any other Person for any reason whatsoever; (b) the occurrence or continuance of an Event of Default or Unmatured Event of Default; (c) any adverse change in the condition (financial or otherwise) of the Company any Loan Party or any other Person; (d) any breach of this Agreement or any other Loan Document by the Company any Loan Party or any other PersonLender; (e) any inability of the Company any Loan Party to satisfy the conditions precedent to borrowing set forth in this Agreement on the date upon which any such Loan is to be made refunded or any participation interest therein is to be purchased; or (f) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing.

Appears in 1 contract

Samples: Credit Agreement (Culligan Water Technologies Inc)

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