Common use of Unconditional nature of Borrower’s obligations Clause in Contracts

Unconditional nature of Borrower’s obligations. (a) The obligations of a Borrower under this agreement, including clause 8.13, are absolute and unconditional and are not released or discharged or otherwise affected by anything which but for this provision might have that effect, including: (1) any set off, deduction, counterclaim, agreement, defence, suspension, deferment or other claim which the Borrower or any other Transaction Party may have against the Lender or any Beneficiary; (2) any falsity, inaccuracy, insufficiency or forgery of or in any communication which on its face purports to be a communication signed or authorised under any Relevant Credit Support Document; (3) any communication inaccurately transmitted or received or sent by an unauthorised person; (4) any impossibility or illegality of performance of any Relevant Credit Support Document; (5) any act of any Government Agency, court or arbitrator or application of any law (present or future) in any jurisdiction affecting any of the terms of any Relevant Credit Support Document; (6) any failure by any person to obtain any Authorisation or other approval or consent necessary or appropriate in connection with any Relevant Credit Support Document; (7) any falsity, inaccuracy, insufficiency or forgery of or in any document presented to the Lender as a Beneficiary Contract or otherwise in respect of a Credit Support Document and which appears to the Lender in its opinion to correspond to the documents specified in the Funding Notice requesting the relevant Credit Support Document or otherwise required under the relevant Credit Support Document; (8) any Relevant Credit Support Document which is wholly or partly void, voidable, unenforceable or invalid; or (9) any other act, omission, matter or thing whatsoever whether negligent or not, provided that the Lender has acted with due care in connection with the Credit Support Document and other than a negligent failure of the Lender to enquire as to whether any notice or demand has been inaccurately transmitted or received from any cause whatsoever or has been given or sent by an unauthorised person. (b) The Lender is not liable for any failure, and is not required to make any enquiries, in respect of any matter listed in clause 8.14(a) with respect to any claim which on its face complies with the relevant Credit Support Document. (c) Clauses 8.14(a) and 8.14(b) apply irrespective of: (1) the consent or knowledge, or lack of consent or knowledge, of the Lender, any Transaction Party or any other person of any event described in clause 8.14(a); or (2) any rule of law or equity to the contrary. 9 Trade Finance Facility

Unconditional nature of Borrower’s obligations. (a) The obligations of a the Borrower under this agreement, including clause 8.13, 5 are absolute and unconditional and are not released or discharged or otherwise affected by anything which but for this provision might have that effect, includingincluding but not limited to: (1i) any set set-off, deduction, counterclaim, agreement, defence, suspension, deferment or other claim which the Borrower or any other Transaction Party may have against the Lender or any Beneficiarybeneficiary; (2ii) any falsity, inaccuracy, insufficiency or forgery of or in any communication which on its face purports to be a communication signed or authorised under any Relevant Credit Support Documentthis Agreement or a Letter of Credit; (3iii) any communication inaccurately transmitted or received or sent by an unauthorised person; (4iv) any impossibility or illegality of performance of any Relevant Credit Support Documentthis Agreement or a Letter of Credit; (5v) any act of any Government Governmental Agency, court or arbitrator or application of any law (present or future) in any jurisdiction affecting any of the terms of any Relevant Credit Support Documentthis Agreement or a Letter of Credit; (6vi) any failure by any person to obtain any Authorisation or other approval or consent necessary or appropriate in connection with any Relevant Credit Support Documentthis Agreement or a Letter of Credit; (7vii) any falsity, inaccuracy, insufficiency or forgery of or in any document presented to the Lender as a Beneficiary Contract document against which the Lender is required to make a payment under the Letter of Credit or otherwise in respect of a Letter of Credit Support Document and which appears to the Lender in its opinion to correspond to the documents specified in the Funding Drawdown Notice requesting the relevant Letter of Credit Support Document or otherwise required under the relevant Credit Support Document;Letter of Credit; or (8) any Relevant Credit Support Document i) this Agreement or a Letter of Credit, which is wholly or partly void, voidable, unenforceable or invalid; or (9) any other act, omission, matter or thing whatsoever whether negligent or not, provided that the Lender has acted with due care in connection with the Credit Support Document and other than a negligent failure of the Lender to enquire as to whether any notice or demand has been inaccurately transmitted or received from any cause whatsoever or has been given or sent by an unauthorised person. (b) The Lender is not liable for any failure, and is not required to make any enquiries, in respect of any matter listed in clause 8.14(a) with respect to any claim which on its face complies with the relevant Credit Support Document5.3(a). (c) Clauses 8.14(a5.3(a) and 8.14(b5.3(b) apply irrespective of: (1i) the consent or knowledge, or lack of consent or knowledge, of the Lender, any Transaction Party the Borrower or any other person of any event described in clause 8.14(a5.3(b); or (2ii) any rule of law or equity to the contrary. 9 Trade Finance Facility*** TEXT OMITTED AND FILED SEPARATELY CONFIDENTIAL TREATMENT REQUESTED

Unconditional nature of Borrower’s obligations. (a) The obligations of a Borrower under this agreement, including clause 8.13, are absolute and unconditional and are not released or discharged or otherwise affected by anything which but for this provision might have that effect, including: (1) any set off, deduction, counterclaim, agreement, defence, suspension, deferment or other claim which the Borrower or any other Transaction Party may have against the Lender or any Beneficiary; (2) any falsity, inaccuracy, insufficiency or forgery of or in any communication which on its face purports to be a communication signed or authorised under any Relevant Credit Support Document; (3) any communication inaccurately transmitted or received or sent by an unauthorised person; (4) any impossibility or illegality of performance of any Relevant Credit Support Document; (5) any act of any Government Agency, court or arbitrator or application of any law (present or future) in any jurisdiction affecting any of the terms of any Relevant Credit Support Document; (6) any failure by any person to obtain any Authorisation or other approval or consent necessary or appropriate in connection with any Relevant Credit Support Document; (7) any falsity, inaccuracy, insufficiency or forgery of or in any document presented to the Lender as a Beneficiary Contract or otherwise in respect of a Credit Support Document and which appears to the Lender in its opinion to correspond to the documents specified in the Funding Notice requesting the relevant Credit Support Document or otherwise required under the relevant Credit Support Document; (8) any Relevant Credit Support Document which is wholly or partly void, voidable, unenforceable or invalid; or (9) any other act, omission, matter or thing whatsoever whether negligent or not, provided that the Lender has acted with due care in connection with the Credit Support Document and other than a negligent failure of the Lender to enquire as to whether any notice or demand has been inaccurately transmitted or received from any cause whatsoever or has been given or sent by an unauthorised person. (b) The Lender is not liable for any failure, and is not required to make any enquiries, in respect of any matter listed in clause 8.14(a) with respect to any claim which on its face complies with the relevant Credit Support Document. (c) Clauses 8.14(a) and 8.14(b) apply irrespective of: (1) the consent or knowledge, or lack of consent or knowledge, of the Lender, any Transaction Party or any other person of any event described in clause 8.14(a); or (2) any rule of law or equity to the contrary. 9 Trade Finance Facility.

Unconditional nature of Borrower’s obligations. (a) The obligations of a the Borrower under this agreement, including clause 8.13, 5 are absolute and unconditional and are not released or discharged or otherwise affected by anything which but for this provision might have that effect, includingincluding but not limited to: (1i) any set set-off, deduction, counterclaim, agreement, defence, suspension, deferment or other claim which the Borrower or any other Transaction Party may have against the Lender Financier or any Beneficiarybeneficiary; (2ii) any falsity, inaccuracy, insufficiency or forgery of or in any communication which on its face purports to be a communication signed or authorised under any Relevant Credit Support Documentthis agreement or a Letter of Credit; (3iii) any communication inaccurately transmitted or received or sent by an unauthorised person; (4iv) any impossibility or illegality of performance of any Relevant Credit Support Documentthis agreement or a Letter of Credit; (5v) any act of any Government AgencyAuthority, court or arbitrator or application of any law (present or future) in any jurisdiction affecting any of the terms of any Relevant Credit Support Documentthis agreement or a Letter of Credit; (6vi) any failure by any person to obtain any Authorisation or other approval or consent necessary or appropriate in connection with any Relevant Credit Support Documentthis agreement or a Letter of Credit; (7vii) any falsity, inaccuracy, insufficiency or forgery of or in any document presented to the Lender Financier as a Beneficiary Contract document against which the Financier is required to make a payment under the Letter of Credit or otherwise in respect of a Letter of Credit Support Document and which appears to the Lender Financier in its opinion to correspond to the documents specified in the Funding Utilisation Notice requesting the relevant Letter of Credit Support Document or otherwise required under the relevant Credit Support Document;Letter of Credit; or (8) any Relevant viii) this agreement or a Letter of Credit Support Document which is being wholly or partly void, voidable, unenforceable or invalid; or (9) any other act, omission, matter or thing whatsoever whether negligent or not, provided that the Lender has acted with due care in connection with the Credit Support Document and other than a negligent failure of the Lender to enquire as to whether any notice or demand has been inaccurately transmitted or received from any cause whatsoever or has been given or sent by an unauthorised person., (b) The Lender Financier is not liable for any failure, and is not required to make any enquiries, in respect of any matter listed in clause 8.14(a) with respect to any claim which on its face complies with the relevant Credit Support Document5.3(a). (c) Clauses 8.14(a5.3(a) and 8.14(b5.3(b) apply irrespective of: (1i) the consent or knowledge, or lack of consent or knowledge, of the LenderFinancier, any Transaction Party the Borrower or any other person of any event described in clause 8.14(a5.3(a); or (2ii) any rule of law or equity to the contrary. 9 Trade Finance Facility.