Unconditional Environmental Obligations Sample Clauses

Unconditional Environmental Obligations. Xxxxxx’s defense and indemnity obligations under this article are unconditional, shall not be discharged or satisfied by Lessor’s re-entry of the Premises or exercise of any other remedy for Xxxxxx’s default under this Lease, shall continue in effect after any assignment or sublease of this Lease, and shall continue in effect after the expiration or earlier termination of this Lease.
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Unconditional Environmental Obligations. Notwithstanding any term or provision contained herein or in the other Loan Documents, the covenants and obligations of the Environmental Indemnitors under this Article 6 (the "ENVIRONMENTAL OBLIGATIONS") are unconditional. Environmental Indemnitors shall be fully, personally, jointly and severally liable for the Environmental Obligations, and such liability shall not be limited to the original principal amount of the Loan. The Environmental Obligations shall be enforceable by Lender, its Affiliates, and its successors and assigns. The Environmental Obligations shall survive the repayment of the Loan and any foreclosure, deed-in-lieu or transfer in lieu of foreclosure or similar proceedings or any transfer of title to the Projects or any portion thereof.
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Unconditional Environmental Obligations. Lessee’s defense and indemnity obligations under this article are unconditional, shall not be discharged or satisfied by Lessor’s re-entry of the Premises or exercise of any other remedy for Lessee’s default under this Lease, shall continue in effect after any assignment or sublease of this Lease, and shall continue in effect after the expiration or earlier termination of this Lease.
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Unconditional Environmental Obligations. 34 6.8 Assignment of Environmental Obligations Prohibited............................................. 34 6.9 Indemnification Separate from the Loan......................................................... 34 6.10
Sample 1
Unconditional Environmental Obligations. Notwithstanding any term or provision contained herein or in the other Loan Documents, the covenants and obligations of Borrower under this Article 7 (the “Environmental Obligations”) are unconditional. Borrower shall be fully liable for the Environmental Obligations, and such liability shall not be limited to the original principal amount of the Loan. The Environmental Obligations shall be enforceable by Lender, its Affiliates and its successors and assigns. The Environmental Obligations shall survive the repayment of the Loan and any foreclosure or transfer in lieu of foreclosure or similar proceedings or any transfer of title (directly or indirectly) to the Facility or any portion thereof.
Sample 1
Unconditional Environmental Obligations. Notwithstanding any term or provision contained herein or in the other Loan Documents, the covenants and obligations of the Environmental Indemnitors under this Article 6 (the “Environmental Obligations”) are unconditional. Environmental Indemnitors shall be fully, personally, jointly and severally liable for the Environmental Obligations, and such liability shall not be limited to the original principal amount of the Loan. The Environmental Obligations shall be enforceable by Lender, and its successors and assigns to Lender’s interest in the Loan and/or the Loan Documents. The Environmental Obligations shall survive the repayment of the Loan and any foreclosure, deed-in-lieu or transfer in lieu of foreclosure or similar proceedings or any transfer of title to any of the Projects (or any one of them) or any portion thereof or any transfer of the ownership interests in Borrowers. Notwithstanding the foregoing, if through the exercise of Lender’s rights under the Loan Documents or otherwise, Lender or an Affiliate of Lender, or a third-party purchaser at a foreclosure sale (or deed in lieu of foreclosure) shall take title to and possession and control of any of the Projects, the Environmental Indemnitors shall not be liable to Lender for the Environmental Obligations hereunder, which Environmental Obligations first arose after the date (the “Transfer Date”) on which a court appointed receiver is granted exclusive possession and control of any of the Projects or Lender or an Affiliate of Lender or a third party purchaser at a foreclosure sale (or deed in lieu of foreclosure) took title to and possession and control of any of the Projects if (but only if) the following conditions are fully satisfied: (a) none of the Environmental Indemnitors, nor any Affiliate of any of the Environmental Indemnitors nor any agent, employee or contractor of any of the foregoing (or any of their agents) contributed, by act or omission, to the cause, existence, or occurrence of such Environmental Obligations; and (b) the events or state of facts (including without limitation, the presence of Hazardous Materials) resulting (or with the passage of time eventually proximately resulting) in any such Environmental Obligations did not exist prior to the Transfer Date.
Sample 1
Unconditional Environmental Obligations. Notwithstanding any term or provision contained herein or in the other Amended and Restated Loan Documents, the covenants and obligations of Borrower under this Article 7 (the “Environmental Obligations”) are unconditional. Borrower shall be fully liable for the Environmental Obligations, and such liability shall not be limited to the original principal amount of the Pre-Petition Loan, but shall be limited to Lender’s actual costs and damages. The Environmental Obligations shall be enforceable by Lender, its Affiliates and its successors and assigns. The Environmental Obligations shall survive the repayment of the Pre-Petition Loan and any foreclosure or transfer in lieu of foreclosure or similar proceedings or any transfer of title (directly or indirectly) to the Property or any portion thereof or of the equity interests in Borrower.
Sample 1
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Related to Unconditional Environmental Obligations

  • Unconditional Obligations This is a guaranty of payment and not of collection. The Guarantors' Obligations under this Guaranty Agreement shall be absolute and unconditional irrespective of the validity, legality or enforceability of the Credit Agreement, the Notes or any other Loan Document or any other guaranty of the Borrower's Liabilities, and shall not be affected by any action taken under the Credit Agreement, the Notes or any other Loan Document, any other guaranty of the Borrower's Liabilities, or any other agreement between the Agent or the Lenders and the Borrower or any other Person, in the exercise of any right or power therein conferred, or by any failure or omission to enforce any right conferred thereby, or by any waiver of any covenant or condition therein provided, or by any acceleration of the maturity of any of the Borrower's Liabilities, or by the release or other disposal of any security for any of the Borrower's Liabilities, or by the dissolution of the Borrower or the combination or consolidation of the Borrower into or with another entity or any transfer or disposition of any assets of the Borrower or by any extension or renewal of the Credit Agreement, any of the Notes or any other Loan Document, in whole or in part, or by any modification, alteration, amendment or addition of or to the Credit Agreement, any of the Notes or any other Loan Document, any other guaranty of the Borrower's Liabilities, or any other agreement between the Agent or the Lenders and the Borrower or any other Person, or by any other circumstance whatsoever (with or without notice to or knowledge of any Guarantor) which may or might in any manner or to any extent vary the risks of such Guarantor, or might otherwise constitute a legal or equitable discharge of a surety or a guarantor; it being the purpose and intent of the parties hereto that this Guaranty Agreement and the Guarantors' Obligations hereunder shall be absolute and unconditional under any and all circumstances and shall not be discharged except by payment as herein provided.

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