Unconditional Obligation. The obligation of the Borrower to make the payments pursuant to this Agreement and to perform and observe the other agreements on its part contained herein shall be absolute and unconditional, irrespective of any defense or any rights of set-off, recoupment or counterclaim it might otherwise have against the Issuer, and during the term of this Agreement, the Borrower shall pay (or cause to be paid) absolutely the payments to be made on account of the loan as prescribed in Section 4.2 and all other payments as prescribed herein, free of any deductions and without abatement, diminution or set-off. Until such time as the principal of and premium, if any, and interest on the Bonds shall have been fully paid, or provisions for the payment thereof shall have been made as required by the Indenture, the Borrower (i) will not suspend or discontinue any payments required hereunder, including payments provided for in Section 4.2 hereof; (ii) will perform and observe all of its other covenants contained in this Agreement and all obligations required to be performed by it by the Indenture; and (iii) except as provided in Article VII hereof, will not terminate this Agreement for any cause, including, without limitation, the occurrence of any act or circumstance that may constitute failure of consideration, destruction of or damage to the Project, commercial frustration of purpose, any change in the tax or other laws of the United States of America or of the State or any political subdivision of either of them, or any failure of the Issuer or the Trustee to perform and observe any covenant, whether express or implied, or any duty, liability or obligation arising out of or connected with this Agreement or the Indenture, except to the extent permitted by this Agreement.
Appears in 3 contracts
Samples: Financing Agreement (Southwest Gas Corp), Financing Agreement (Southwest Gas Corp), Financing Agreement (Southwest Gas Corp)
Unconditional Obligation. The obligation of the Borrower to make the payments pursuant to this Agreement and to perform and observe the other agreements on its part contained herein shall be absolute and unconditional, irrespective of any defense or any rights of set-off, recoupment or counterclaim it might otherwise have against the Issuer, and during the term of this Agreement, the Borrower shall pay (or cause to be paid) absolutely the payments to be made on account of the loan as prescribed in Section 4.2 and all other payments as prescribed herein, free of any deductions and without abatement, diminution or set-off. Until such time as the principal of and premium, if any, and interest on the Bonds shall have been fully paid, or provisions for the payment thereof shall have been made as required by the Indenture, the Borrower (i) will not suspend or discontinue any payments required hereunder, including payments provided for in Section 4.2 hereof; (ii) will perform and observe all of its other covenants contained in this Agreement and all obligations required to be performed by it by the IndentureAgreement; and (iii) except as provided in Article VII hereof, will not terminate this Agreement for any cause, including, without limitation, the occurrence of any act or circumstance that may constitute failure of consideration, destruction of or damage to the Project, commercial frustration of purpose, any change in the tax or other laws of the United States of America or of the State or any political subdivision of either of them, or any failure of the Issuer or the Trustee to perform and observe any covenant, whether express or implied, or any duty, liability or obligation arising out of or connected with this Agreement or the Indenture, except to the extent permitted by this Agreement.
Appears in 3 contracts
Samples: Financing Agreement (Southwest Gas Corp), Financing Agreement (Southwest Gas Corp), Financing Agreement (Southwest Gas Corp)
Unconditional Obligation. The obligation obligations of the Borrower Company to make the Loan Payments, the Additional Payments and the other payments pursuant to this Agreement required by Section 4.2 hereof and to perform and observe the other agreements on its part contained herein shall be absolute and unconditionalunconditional and shall be binding and enforceable in all circumstances whatsoever, irrespective of any defense or any rights of set-off, recoupment or counterclaim it might otherwise have against the Issuer, and during the term of this Agreement, the Borrower Company shall pay (or cause to be paid) absolutely the all payments required to be made on account of this Agreement (which payments shall be net of any other obligations of the loan Company) as prescribed in Section 4.2 and all other payments as prescribed hereinrequired hereunder, free of any deductions and without abatement, diminution or set-off. The Company shall be obligated to make the payments whether or not the Project has come into existence or become functional and whether or not the Project has ceased to exist or to be functional to any extent and from any cause whatsoever. The Company shall be obligated to make such payments regardless of whether the Company is in possession or is entitled to be in possession of the Project or any part thereof. Until such time as the principal of and of, premium, if any, and interest on on, the Bonds shall have been fully paid, or provisions provision for the payment thereof shall have been made as required by the Indenture, the Borrower Company (i) will not suspend or discontinue any payments required hereunder, including payments provided for in Section 4.2 hereof4.2; (ii) will perform and observe all of its other covenants contained in this Agreement and all obligations required to be performed by it by the IndentureAgreement; and (iii) except as provided in Article VII VIII hereof, will not terminate this Agreement for any cause, including, without limitation, the occurrence of any act or circumstance circumstances that may constitute failure of consideration, destruction of or damage to all or a portion of those facilities or equipment comprising the Project, commercial frustration of purpose, any change in the tax or other laws of the United States of America or of the State or any political subdivision of either of themthese, or any failure of the Issuer or the Trustee to perform and observe any covenant, whether express or implied, or any duty, liability or obligation arising out of or connected with this Agreement or the Indenture, except to the extent permitted by this Agreement.
Appears in 3 contracts
Samples: Loan Agreement (Casella Waste Systems Inc), Loan Agreement (Casella Waste Systems Inc), Loan Agreement (Casella Waste Systems Inc)
Unconditional Obligation. The obligation obligations of the Borrower Company to make the Loan Payments, the Additional Payments and the other payments pursuant to this Agreement required by Section 4.2 hereof and to perform and observe the other agreements on its part contained herein shall be absolute and unconditionalunconditional and shall be binding and enforceable in all circumstances whatsoever, irrespective of any defense or any rights of set-off, recoupment or counterclaim it might otherwise have against the IssuerAuthority, and during the term of this Agreement, the Borrower Company shall pay (or cause to be paid) absolutely the all payments required to be made on account of this Agreement (which payments shall be net of any other obligations of the loan Company) as prescribed in Section 4.2 and all other payments as prescribed hereinrequired hereunder, free of any deductions and without abatement, diminution or set-off. The Company shall be obligated to make the payments whether or not the Project has come into existence or become functional and whether or not the Project has ceased to exist or to be functional to any extent and from any cause whatsoever. The Company shall be obligated to make such payments regardless of whether the Company is in possession or is entitled to be in possession of the Project or any part thereof. Until such time as the principal of and of, premium, if any, and interest on on, the Bonds shall have been fully paid, or provisions provision for the payment thereof shall have been made as required by the Indenture, the Borrower Company (i) will not suspend or discontinue any payments required hereunder, including payments provided for in Section 4.2 hereof4.2; (ii) will perform and observe all of its other covenants contained in this Agreement and all obligations required to be performed by it by the IndentureAgreement; and (iii) except as provided in Article VII VIII hereof, will not terminate this Agreement for any cause, including, without limitation, the occurrence of any act or circumstance circumstances that may constitute failure of consideration, destruction of or damage to all or a portion of those facilities or equipment comprising the Project, commercial frustration of purpose, any change in the tax or other laws of the United States of America or of the State or any political subdivision of either of themthese, or any failure of the Issuer Authority or the Trustee to perform and observe any covenant, whether express or implied, or any duty, liability or obligation arising out of or connected with this Agreement or the Indenture, except to the extent permitted by this Agreement.
Appears in 3 contracts
Samples: Financing Agreement (Casella Waste Systems Inc), Financing Agreement (Casella Waste Systems Inc), Financing Agreement (Casella Waste Systems Inc)
Unconditional Obligation. The obligation obligations of the Borrower to make the payments pursuant to this Agreement required by Section 4.2 hereof and to perform and observe the other agreements on its part contained herein shall be absolute and unconditional, irrespective of any defense or any rights of set-off, recoupment or counterclaim it might otherwise have against the IssuerCity, and during the term of this Agreement, the Borrower shall pay (or cause to be paid) absolutely net the payments to be made on account of the loan as prescribed in Section 4.2 and all other payments as prescribed hereinrequired hereunder, free of any deductions and without abatement, diminution or set-off. Until such time as the principal of and of, premium, if any, and interest on the Bonds shall have been fully paid, or provisions provision for the payment thereof shall have been made as required by the Indenture, the Borrower (i) will not suspend or discontinue any payments required hereunder, including payments provided for in Section 4.2 hereof; (ii) will perform and observe all of its other covenants contained in this Agreement and all obligations required to be performed by it by the IndentureAgreement; and (iii) except as provided in Article VII hereof, will not terminate this Agreement for any cause, including, without limitation, the occurrence of any act or circumstance circumstances that may constitute failure of consideration, destruction of or damage to the Project, commercial frustration of purpose, any change in the tax or other laws of the United States of America or of the State of California or any political subdivision of either of themthese, or any failure of the Issuer City or the Trustee to perform and observe any covenant, whether express or implied, or any duty, liability or obligation arising out of or connected with this Agreement or the Indenture, except to the extent permitted by this Agreement.
Appears in 2 contracts
Samples: Loan Agreement (San Diego Gas & Electric Co), Loan Agreement (San Diego Gas & Electric Co)
Unconditional Obligation. The obligation obligations of the Borrower to make the payments pursuant to this Agreement required by Section 4.2 hereof and to perform and observe the other agreements on its part contained herein shall be absolute and unconditional, irrespective of any defense or any rights of set-off, recoupment or counterclaim it might otherwise have against the IssuerAuthority, and during the term of this Agreement, the Borrower shall pay (or cause to be paid) absolutely the all payments required to be made on account of the loan (which payments shall be net of any other obligations of the Borrower) as prescribed in Section 4.2 and all other payments as prescribed hereinrequired hereunder, free of any deductions and without abatement, diminution or set-off. Until such time as the principal of and of, premium, if any, sinking fund installments, if any, and interest on on, the Bonds shall have been fully paid, or provisions provision for the payment thereof shall have been made as required by the Indenture, the Borrower (i) will not suspend or discontinue any payments required hereunder, including payments provided for in Section 4.2 hereof; (ii) will perform and observe all of its other covenants contained in this Agreement and all obligations required to be performed by it by the IndentureAgreement; and (iii) except as provided in Article VII VIII hereof, will not terminate this Agreement for any cause, including, without limitation, the occurrence of any act or circumstance circumstances that may constitute failure of consideration, destruction of or damage to all or a portion of those facilities or equipment comprising the Project, commercial frustration of purpose, any change in the tax or other laws of the United States of America or of the State of California or any political subdivision of either of themthese, or any failure of the Issuer Authority or the Trustee to perform and observe any covenant, whether express or implied, or any duty, liability or obligation arising out of or connected with this Agreement or the Indenture, except to the extent permitted by this Agreement.
Appears in 2 contracts
Samples: Loan Agreement (Kaiser Ventures Inc), Loan Agreement (Waste Connections Inc/De)
Unconditional Obligation. The obligation obligations of the Borrower to make the payments pursuant to this Agreement required by Section 4.2 hereof and to perform and observe the other agreements on its part contained herein shall be absolute and unconditional, irrespective of any defense or any rights of set-off, recoupment or counterclaim it might otherwise have against the IssuerAuthority, and during the term of this Agreement, the Borrower shall pay (or cause to be paid) absolutely net the payments to be made on account of the loan as prescribed in Section 4.2 and all other payments as prescribed hereinrequired hereunder, free of any deductions and without abatement, diminution or set-off. Until such time as the principal of and of, premium, if any, and interest on the Bonds shall have been fully paid, or provisions provision for the payment thereof shall have been made as required by the Indenture, the Borrower (i) will not suspend or discontinue any payments required hereunder, including payments provided for in Section 4.2 hereof; (ii
;1) will perform and observe all of its other covenants contained in this Agreement and all obligations required to be performed by it by the IndentureAgreement; and (iiiill) except as provided in Article VII hereof, will not terminate this Agreement for any cause, including, without limitation, failure to complete the Project, the occurrence of any act or circumstance circumstances that may constitute failure of consideration, destruction of or damage to the Project, commercial frustration of purpose, any change in the tax or other laws of the United States of America or of the State of California or any political subdivision of or either of themthese, or any failure of the Issuer Authority or the Trustee to perform and observe any covenant, whether express or implied, or any duty, liability or obligation arising out of or connected with this Agreement or the Indenture, except to the extent permitted by this Agreement.
Appears in 1 contract
Unconditional Obligation. The obligation obligations of the Borrower to make the payments pursuant to this Agreement required by Section 4.2 hereof and to perform and observe the other agreements on its part contained herein shall be absolute and unconditional, irrespective of any defense or any rights of set-offsetoff, recoupment or counterclaim it might otherwise have against the IssuerAuthority, and during the term of this Agreement, the Borrower shall pay (or cause to be paid) absolutely the payments to be made on account of the loan as prescribed in Section 4.2 and all other payments as prescribed hereinrequired hereunder, free of any deductions and without abatement, diminution or set-offsetoff. Until such time as the principal of and of, premium, if any, and interest on the Bonds shall have been fully paid, or provisions provision for the payment thereof shall have been made as required by the Indenture, the Borrower (i) will not suspend or discontinue any payments required hereunder, including payments provided for in Section 4.2 hereofhereof with respect to the Bonds; (ii) will perform and observe all of its other covenants contained in this Agreement with respect to the Bonds and all obligations required to be performed by it by the IndentureProject; and (iii) except as provided in Article VII VIII hereof, will not terminate this Agreement for any cause, including, without limitation, the occurrence of any act or circumstance circumstances that may constitute failure of consideration, destruction of or damage to to, or taking or condemnation of, all or any part of the Project, termination of one or both leases underlying the Project Facilities, commercial frustration of purpose, any change in the tax or other laws of the United States of America or of the State or any political subdivision of either of themthese, or any failure of the Issuer Authority or the Trustee to perform and observe any covenant, whether express or implied, or any duty, liability or obligation arising out of or connected with this Agreement or the Indenture, except to the extent permitted by this Agreement.
Appears in 1 contract
Unconditional Obligation. The obligation obligations of the Borrower to make the Loan Payments and the other payments pursuant to this Agreement required by Section 4.2 hereof and the First Mortgage Bonds and to perform and observe the other agreements on its part contained herein shall be absolute and unconditional, irrespective of any defense or any rights of set-offset‑off, recoupment or counterclaim it might otherwise have against the IssuerAuthority, and during the term of this Loan Agreement, the Borrower shall pay (or cause to be paid) absolutely the all payments required to be made on account of the loan this Loan Agreement as prescribed in Section 4.2 4.2, under the First Mortgage Bonds and all other payments as prescribed hereinrequired hereunder, free of any deductions and without abatement, diminution or set-off. Until such time as the principal of and of, premium, if any, and interest on on, the Bonds shall have been fully paid, or provisions provision for the payment thereof shall have been made as required by the Indenture, the Borrower (i) will not suspend or discontinue any payments required hereunder, including payments provided for in Section 4.2 hereof4.2, or prior to the Release Date, the First Mortgage Bonds; (ii) will perform and observe all of its other covenants contained in this Agreement and all obligations required to be performed by it by the IndentureLoan Agreement; and (iii) except as provided in Article VII VIII hereof, will not terminate this Loan Agreement for any cause, including, without limitation, the occurrence of any act or circumstance circumstances that may constitute failure of consideration, destruction of or damage to all or a portion of those facilities or equipment comprising the ProjectProjects, commercial frustration of purpose, any change in the tax or other laws of the United States of America or of the State or any political subdivision of either of themthese, or any failure of the Issuer Authority or the Trustee to perform and observe any covenant, whether express or implied, or any duty, liability or obligation arising out of or connected with this Loan Agreement or the Indenture, except to the extent permitted by this Loan Agreement.
Appears in 1 contract
Unconditional Obligation. The obligation obligations of the Borrower to make the Loan Payments, Purchase Price Payments, and the other payments pursuant to this Agreement required by Section 4.2 hereof and to perform and observe the other agreements on its part contained herein shall be absolute and unconditional, irrespective of any defense or any rights of set-off, recoupment or counterclaim it might otherwise have against the Issuer, and during the term of this Agreement, the Borrower shall pay (or cause to be paid) absolutely the all payments required to be made on account of the loan this Agreement as prescribed in Section 4.2 4.2, the Note and all other payments as prescribed hereinrequired hereunder, free of any deductions and without abatement, diminution or set-off. Until such time as the principal of and of, premium, if any, and interest on on, the Bonds shall have been fully paid, or provisions provision for the payment thereof shall have been made as required by the Indenture, the Borrower (ia) will not suspend or discontinue any payments required hereunder, including payments provided for in Section 4.2 hereof4.2; (iib) will perform and observe all of its other covenants contained in this Agreement and all obligations required to be performed by it by the IndentureAgreement; and (iiic) except as provided in Article VII VIII hereof, will not terminate this Agreement for any cause, including, without limitation, the occurrence of any act or circumstance circumstances that may constitute failure of consideration, destruction of or damage to all or a portion of those facilities or equipment comprising the Project, commercial frustration of purpose, any change in the tax or other laws of the United States of America or of the State or any political subdivision of either of themthese, or any failure of the Issuer or the Trustee to perform and observe any covenant, whether express or implied, or any duty, liability or obligation arising out of or connected with this Agreement or the Indenture, except to the extent permitted by this Agreement.
Appears in 1 contract
Unconditional Obligation. The obligation obligations of the Borrower to make the Loan Payments and the other payments pursuant to this Agreement required by Section 4.2 hereof and to perform and observe the other agreements on its part contained herein shall be absolute and unconditional, irrespective of any defense or any rights of set-off, recoupment or counterclaim it might otherwise have against the Issuer, and during the term of this Agreement, the Borrower shall pay (or cause to be paid) absolutely the all payments required to be made on account of the loan this Agreement as prescribed in Section 4.2 4.2, and all other payments as prescribed hereinrequired hereunder, free of any deductions and without abatement, diminution or set-off. Until such time as the principal of and of, premium, if any, and interest on on, the Bonds shall have been fully paid, or provisions provision for the payment thereof shall have been made as required by the Indenture, the Borrower (ia) will not suspend or discontinue any payments required hereunder, including payments provided for in Section 4.2 hereof4.2; (iib) will perform and observe all of its other covenants contained in this Agreement and all obligations required to be performed by it by the IndentureAgreement; and (iiic) except as provided in Article VII VIII hereof, will not terminate this Agreement for any cause, including, without limitation, the occurrence of any act or circumstance circumstances that may constitute failure of consideration, destruction of or damage to all or a portion of those facilities or equipment comprising the Project, commercial frustration of purpose, any change in the tax or other laws of the United States of America or of the State or any political subdivision of either of themthese, or any failure of the Issuer or the Trustee to perform and observe any covenant, whether express or implied, or any duty, liability or obligation arising out of or connected with this Agreement or the Indenture, except to the extent permitted by this Agreement.
Appears in 1 contract
Unconditional Obligation. The obligation obligations of the Borrower to make the Loan Payments and the other payments pursuant to this Agreement required by Section 4.2 hereof and to perform and observe the other agreements on its part contained herein shall be absolute and unconditional, irrespective of any defense or any rights of set-off, recoupment or counterclaim it might otherwise have against the Issuer, and during the term of this Agreement, the Borrower shall pay (or cause to be paid) absolutely the all payments required to be made on account of the loan this Agreement as prescribed in Section 4.2 and all other payments as prescribed hereinrequired hereunder, free of any deductions and without abatement, diminution or set-off. Until such time as the principal of and of, premium, if any, and interest on on, the Bonds shall have been fully paid, or provisions provision for the payment thereof shall have been made as required by the Indenture, the Borrower (i) will not suspend or discontinue any payments required hereunder, including payments provided for in Section 4.2 hereof4.2; (ii) will perform and observe all of its other covenants contained in this Agreement and all obligations required to be performed by it by the IndentureAgreement; and (iii) except as provided in Article VII VIII hereof, will not terminate this Agreement for any cause, including, without limitation, the occurrence of any act or circumstance circumstances that may constitute failure of consideration, destruction of or damage to all or a portion of those facilities or equipment comprising the Project, commercial frustration of purpose, any change in the tax or other laws of the United States of America or of the State or any political subdivision of either of themthese, or any failure of the Issuer or the Trustee to perform and observe any covenant, whether express or implied, or any duty, liability or obligation arising out of or connected with this Agreement or the Indenture, except to the extent permitted by this Agreement.
Appears in 1 contract
Unconditional Obligation. The obligation obligations of the Borrower to make the payments pursuant to this Agreement required by Section 4.2 hereof and to perform and observe the other agreements on its part contained herein shall be absolute and unconditional, irrespective of any defense or any rights of set-off, recoupment or counterclaim it might otherwise have against the IssuerAuthority, and during the term of this Loan Agreement, the Borrower shall pay (or cause to be paid) absolutely the all payments required to be made on account of the loan (which payments shall be net of any other obligations of the Borrower) as prescribed in Section 4.2 and all other payments as prescribed hereinrequired hereunder, free of any deductions and without abatement, diminution or set-off. Until such time as the principal of and of, premium, if any, sinking fund installments, if any, and interest on on, the Bonds shall have been fully paid, or provisions provision for the payment thereof shall have been made as required by the Indenture, the Borrower (i) will not suspend or discontinue any payments required hereunder, including payments provided for in Section 4.2 hereof; (ii) will perform and observe all of its other covenants contained in this Agreement and all obligations required to be performed by it by the IndentureLoan Agreement; and (iii) except as provided in Article VII hereof, will not terminate this Loan Agreement for any cause, including, without limitation, the occurrence of any act or circumstance circumstances that may constitute failure of consideration, destruction of or damage to all or a portion of those facilities or equipment comprising the Project, commercial frustration of purpose, any change in the tax or other laws of the United States of America or of the State of California or any political subdivision of either of themthese, or any failure of the Issuer Authority or the Trustee to perform and observe any covenant, whether express or implied, or any duty, liability or obligation arising out of or connected with this Loan Agreement or the Indenture, except to the extent permitted by this Loan Agreement.
Appears in 1 contract
Samples: Loan Agreement (SJW Corp)
Unconditional Obligation. The obligation obligations of the Borrower Company to make the payments pursuant to this Agreement required by Section 4.2 hereof and to perform and observe the other agreements on its part contained herein shall be absolute and unconditional, irrespective of any defense or any rights of set-off, recoupment or counterclaim it might otherwise have against the Issuer, and during the term of this Financing Agreement, the Borrower Company shall pay (or cause to be paid) absolutely the all payments required to be made on account of the loan hereunder as prescribed in Section 4.2 and all other payments as prescribed hereinrequired hereunder, free of any deductions and without abatement, diminution or set-off. Until such time as the principal of and of, premium, if any, sinking fund installments, if any, and interest on on, the Bonds shall have been fully paid, or provisions provision for the payment thereof shall have been made as required by the Indenture, the Borrower Company (i) will not suspend or discontinue any payments required hereunder, including payments provided for in Section 4.2 hereof; (ii) will perform and observe all of its other covenants contained in this Agreement and all obligations required to be performed by it by the IndentureFinancing Agreement; and (iii) except as provided in Article VII hereof, will not terminate this Financing Agreement for any cause, including, without limitation, the occurrence of any act or circumstance circumstances that may constitute failure of consideration, destruction of or damage to all or a portion of those facilities or equipment comprising the Project, commercial frustration of purpose, any change in the tax or other laws of the United States of America or of the State of Iowa or any political subdivision of either of themthese, or any failure of the Issuer or the Trustee to perform and observe any covenant, whether express or implied, or any duty, liability or obligation arising out of or connected with this Financing Agreement or the Indenture, except to the extent permitted by this Financing Agreement.
Appears in 1 contract
Unconditional Obligation. The obligation obligations of the Borrower Company to make the Loan Payments and the other payments pursuant to this Agreement required by Section 4.2 hereof and to perform and observe the other agreements on its part contained herein shall be absolute and unconditionalunconditional and shall be binding and enforceable in all circumstances whatsoever, irrespective of any defense or any rights of set-off, recoupment or counterclaim it might otherwise have against the IssuerAuthority, and during the term of this Agreement, the Borrower Company shall pay (or cause to be paid) absolutely the all payments required to be made on account of this Agreement (which payments shall be net of any other obligations of the loan Company) as prescribed in Section 4.2 and all other payments as prescribed hereinrequired hereunder, free of any deductions and without abatement, diminution or set-off. The Company shall be obligated to make the payments whether or not the Project has come into existence or become functional and whether or not the Project has ceased to exist or to be functional to any extent and from any cause whatsoever. The Company shall be obligated to make such payments regardless of whether the Company is in possession or is entitled to be in possession of the Project or any part thereof. Until such time as the principal of and of, premium, if any, and interest on on, the Bonds shall have been fully paid, or provisions provision for the payment thereof shall have been made as required by the Indenture, the Borrower Company (i) will not suspend or discontinue any payments required hereunder, including payments provided for in Section 4.2 hereof4.2; (ii) will perform and observe all of its other covenants contained in this Agreement and all obligations required to be performed by it by the IndentureAgreement; and (iii) except as provided in Article VII VIII hereof, will not terminate this Agreement for any cause, including, without limitation, the occurrence of any act or circumstance circumstances that may constitute failure of consideration, destruction of or damage to all or a portion of those facilities or equipment comprising the Project, commercial frustration of purpose, any change in the tax or other laws of the United States of America or of the State or any political subdivision of either of themthese, or any failure of the Issuer Authority or the Trustee to perform and observe any covenant, whether express or implied, or any duty, liability or obligation arising out of or connected with this Agreement or the Indenture, except to the extent permitted by this Agreement.
Appears in 1 contract
Unconditional Obligation. The obligation obligations of the Borrower Company to make the Loan Payments and the other payments pursuant to this Agreement required by Section 4.2 hereof and to perform and observe the other agreements on its part contained herein shall be absolute and unconditional, irrespective of any defense or any rights of set-off, recoupment or counterclaim it might otherwise have against the Issuer, and during the term of this Agreement, the Borrower Company shall pay (or cause to be paid) absolutely the all payments required to be made on account of the loan this Agreement as prescribed in Section 4.2 and all other payments as prescribed hereinrequired hereunder, free of any deductions and without abatement, diminution or set-off. Until such time as the principal of and of, premium, if any, and interest on on, the Bonds shall have been fully paid, or provisions provision for the payment thereof shall have been made as required by the Indenture, the Borrower Company (i) will not suspend or discontinue any payments required hereunder, including payments provided for in Section 4.2 hereof4.2; (ii) will perform and observe all of its other covenants contained in this Agreement and all obligations required to be performed by it by the IndentureAgreement; and (iii) except as provided in Article VII VIII hereof, will not terminate this Agreement for any cause, including, without limitation, the occurrence of any act or circumstance circumstances that may constitute failure of consideration, destruction of or damage to all or a portion of those facilities or equipment comprising the ProjectFacility, commercial frustration of purpose, any change in the tax or other laws of the United States of America or of the State of New York or any political subdivision of either of themthese, or any failure of the Issuer or the Trustee to perform and observe any covenant, whether express or implied, or any duty, liability or obligation arising out of or connected with this Agreement or the Indenture, except to the extent permitted by this Agreement.
Appears in 1 contract
Unconditional Obligation. The obligation obligations of the Borrower Company to make the Loan Payments and the other payments pursuant to this Agreement required by Section 4.2 hereof and to perform and observe the other agreements on its part contained herein shall be absolute and unconditional, irrespective of any defense or any rights of set-off, recoupment or counterclaim it might otherwise have against the Issuer, and during the term of this Agreement, the Borrower Company shall pay (or cause to be paid) absolutely the all payments required to be made on account of the loan this Agreement as prescribed in Section 4.2 and all other payments as prescribed hereinrequired hereunder, free of any deductions and without abatement, diminution or set-off. Until such time as the principal of and of, premium, if any, and interest on on, the Bonds shall have been fully paid, or provisions provision for the payment thereof shall have been made as required by the Indenture, the Borrower Company (i) will not suspend or discontinue any payments required hereunder, including payments provided for in Section 4.2 hereof4.2; (ii) will perform and observe all of its other covenants contained in this Agreement and all obligations required to be performed by it by the IndentureAgreement; and (iii) except as provided in Article VII VIII hereof, will not terminate this Agreement for any cause, including, without limitation, the occurrence of any act or circumstance circumstances that may constitute failure of consideration, destruction of or damage to all or a portion of those facilities or equipment comprising the Project, commercial frustration of purpose, any change in the tax or other laws of the United States of America or of the State Commonwealth or any political subdivision of either of themthese, or any failure of the Issuer or the Trustee to perform and observe any covenant, whether express or implied, or any duty, liability or obligation arising out of or connected with this Agreement or the Indenture, except to the extent permitted by this Agreement.
Appears in 1 contract
Unconditional Obligation. The obligation obligations of the Borrower Company to make the payments pursuant to this Agreement required by Section 4.2 hereof and to perform and observe the other agreements on its part contained herein shall be absolute and unconditional, irrespective of any defense or any rights of set-set off, recoupment or counterclaim it might otherwise have against the Issuer, and during the term of this Agreement, the Borrower Company shall pay (or cause to be paid) absolutely the payments to be made on account of the loan as prescribed in Section 4.2 and all other payments as prescribed hereinrequired hereunder, free of any deductions and without abatement, diminution or set-off. Until such time as the principal of and of, premium, if any, sinking fund installments, if any, and interest on the Series 1990A Bonds shall have been fully paid, or provisions provision for the payment thereof shall have been made as required by the Indenture, the Borrower Company (i) will not suspend or discontinue any payments required hereunder, including payments provided for in Section 4.2 hereof; (ii) will perform and observe all of its other covenants contained in this Agreement and all obligations required to be performed by it by the IndentureAgreement; and (iii) except as provided in Article VII Section 9.7 hereof, will not terminate this Agreement for any cause, including, without limitation, the occurrence of any act or circumstance circumstances that may constitute failure of consideration, destruction of or damage to the Project, commercial frustration of purpose, any change in the tax or other laws of the United States of America or of the State of Oregon or any political subdivision or any of either of themthese, or any failure of the Issuer or the Trustee to perform and observe any covenant, whether express or implied, or any duty, liability or obligation arising out of or connected with this Agreement or the Indenture, except to the extent permitted by this Agreement.
Appears in 1 contract
Samples: Lease Agreement (Enron Corp/Or/)
Unconditional Obligation. The obligation obligations of the Borrower Company to make the payments pursuant to this Agreement required by Section 4.2 hereof and to perform and observe the other agreements on its part contained herein shall be absolute and unconditional, irrespective of any defense or any rights of set-set off, recoupment or counterclaim it might otherwise have against the Issuer, and during the term of this Agreement, the Borrower Company shall pay (or cause to be paid) absolutely the payments to be made on account of the loan as prescribed in Section 4.2 and all other payments as prescribed hereinrequired hereunder, free of any deductions and without abatement, diminution or set-off. Until such time as the principal of and of, premium, if any, sinking fund installments, if any, and interest on the Series 1990B Bonds shall have been fully paid, or provisions provision for the payment thereof shall have been made as required by the Indenture, the Borrower Company (i) will not suspend or discontinue any payments required hereunder, including payments provided for in Section 4.2 hereof; (ii) will perform and observe all of its other covenants contained in this Agreement and all obligations required to be performed by it by the IndentureAgreement; and (iii) except as provided in Article VII Section 9.7 hereof, will not terminate this Agreement for any cause, including, without limitation, the occurrence of any act or circumstance circumstances that may constitute failure of consideration, destruction of or damage to the Project, commercial frustration of purpose, any change in the tax or other laws of the United States of America or of the State of Oregon or any political subdivision or any of either of themthese, or any failure of the Issuer or the Trustee to perform and observe any covenant, whether express or implied, or any duty, liability or obligation arising out of or connected with this Agreement or the Indenture, except to the extent permitted by this Agreement.
Appears in 1 contract
Unconditional Obligation. The obligation obligations of the Borrower Company to make the Loan Payments and the other payments pursuant to this Agreement required by Section 4.2 hereof and to perform and observe the other agreements on its part contained herein shall be absolute and unconditional, irrespective of any defense or any rights of set-off, recoupment or counterclaim it might otherwise have against the Issuer, and during the term of this Agreement, the Borrower Company shall pay (or cause to be paid) absolutely the all payments required to be made on account of the loan this Agreement as prescribed in Section 4.2 and all other payments as prescribed hereinrequired hereunder, free of any deductions and without abatement, diminution or set-off. Until such time as the principal of and of, premium, if any, and interest on on, the Bonds shall have been fully paid, or provisions provision for the payment thereof shall have been made as required by the Indenture, the Borrower Company (i) will not suspend or discontinue any payments required hereunder, including payments provided for in Section 4.2 hereof4.2; (ii) will perform and observe all of its other covenants contained in this Agreement and all obligations required to be performed by it by the IndentureAgreement; and (iii) except as provided in Article VII VIII hereof, will not terminate this Agreement for any cause, including, without limitation, the occurrence of any act or circumstance circumstances that may constitute failure of consideration, destruction of or damage to all or a portion of those facilities or equipment comprising the Project, commercial frustration of purpose, any change in the tax or other laws of the United States of America or of the State of Idaho or any political subdivision of either of themthese, or any failure of the Issuer or the Trustee to perform and observe any covenant, whether express or implied, or any duty, liability or obligation arising out of or connected with this Agreement or the Indenture, except to the extent permitted by this Agreement.
Appears in 1 contract
Samples: Loan Agreement (Potlatch Corp)
Unconditional Obligation. The obligation obligations of the Borrower to make the payments pursuant to this Agreement required by Section 4.2 hereof and to perform and observe the other agreements on its part contained herein shall be absolute and unconditional, irrespective of any defense or any rights of set-off, recoupment or counterclaim it might otherwise have against the IssuerAuthority, and during the term of this Loan Agreement, the Borrower shall pay all Loan Repayments (or cause to which payments shall be paid) absolutely the payments to be made on account net of any other obligations of the loan Borrower) as prescribed in Section 4.2 and all other payments as prescribed hereinrequired hereunder, free of any deductions and without abatement, diminution or set-off. Until such time as the principal of and of, premium, if any, sinking fund installments, if any, and interest on on, the Bonds shall have been fully paid, or provisions provision for the payment thereof shall have been made as required by the Indenture, the Borrower (i) will not suspend or discontinue any payments required hereunder, including payments provided for in Section 4.2 hereofLoan Repayments; (ii) will perform and observe all of its other covenants contained in this Agreement and all obligations required to be performed by it by the IndentureLoan Agreement; and (iii) except as provided in Article VII hereof, will not terminate this Loan Agreement for any cause, including, without limitation, the occurrence of any act or circumstance circumstances that may constitute failure of consideration, destruction of or damage to all or a portion of those facilities or equipment comprising the Project, commercial frustration of purpose, any change in the tax or other laws of the United States of America or of the State of California or any political subdivision of either of themthese, or any failure of the Issuer Authority or the Trustee to perform and observe any covenant, whether express or implied, or any duty, liability or obligation arising out of or connected with this Loan Agreement or the Indenture, except to the extent permitted by this Loan Agreement.
Appears in 1 contract
Samples: Loan Agreement (SJW Group)