Common use of Unconditional Obligation Clause in Contracts

Unconditional Obligation. The obligations of each Borrowing Guarantor hereunder shall be unconditional and absolute and, without limiting the generality of the foregoing, shall not be released, discharged or otherwise affected by: (i) any extension, renewal, settlement, compromise, waiver or release in respect of any Obligation of any other Borrower under this Agreement or the other Credit Documents; (ii) any modification or amendment of or supplement to this Agreement or the other Credit Documents; (iii) any merger or consolidation, change in the corporate existence, structure or ownership of any other Borrower, or any insolvency, bankruptcy, reorganization, adjustment, composition, liquidation or other similar proceeding affecting any other Borrower or its assets; (iv) the existence of any claim, set-off or other rights which such Borrowing Guarantor may have at any time against any other Borrower, any Lender or any other Person, whether in connection herewith or any unrelated transactions, provided that nothing herein shall prevent the assertion of any such claim by separate suit or compulsory counterclaim; (v) any invalidity or unenforceability relating to or against any other Borrower for any reason of any provision or all of this Agreement or the other Credit Documents, or any provision of applicable law or regulation purporting to prohibit the payment by any other Borrower of the principal of or interest on any loan or any other amount payable by it under this Agreement or the other Credit Documents; or (vi) any other act or omission to act or delay of any kind by any other Borrower, Agent, any Lender or any other Person or any other circumstance whatsoever which might, but for the provisions of this paragraph, constitute a legal or equitable discharge of such Borrower's obligations or Borrowing Guarantor's obligations under this Agreement or the other Credit Documents.

Appears in 1 contract

Samples: Credit Agreement (Trylon Corp/Mi/)

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Unconditional Obligation. The obligations of each Borrowing Guarantor hereunder Debtor under this Agreement shall be joint and several, unconditional and absolute and, without limiting the generality of the foregoing, shall not be released, discharged or otherwise affected by: (ia) any Any extension, renewal, settlement, compromise, waiver or release in respect of any Obligation of any the other Borrower Debtors or the Collateral therefor under this Agreement or the other Credit Documents;. (iib) any Any modification or amendment of or supplement to this Agreement or the other Credit Documents;. (iiic) any merger or consolidation, Any change in the corporate existence, structure or of ownership of any the other BorrowerDebtors, or any insolvency, bankruptcy, reorganization, adjustment, composition, liquidation reorganization or other similar proceeding affecting any the other Borrower Debtors or its Collateral or its assets;. (ivd) the The existence of any claim, set-off or other rights which such Borrowing Guarantor Debtor may have at any time against any the other BorrowerDebtor, any Lender the Bank or any other Personperson, whether in connection herewith or any unrelated transactions, provided that nothing herein shall prevent the assertion of any such claim by separate suit or compulsory counterclaim;. (ve) any invalidity Any validity or unenforceability relating to or against any other Borrower Debtor, for any reason of any provision or all of this Agreement or the other Credit Documents, or any provision of applicable law or regulation purporting to prohibit the payment by of any other Borrower Debtor of the principal of or interest on any loan Loan or any other amount payable by it under this Agreement or the other Credit Documents; or. (vif) any Any other act or omission to act or delay of any kind by any other BorrowerDebtor, Agent, any Lender the Bank or any other Person person or any other circumstance whatsoever which might, but for the provisions of this paragraph, constitute a legal or equitable discharge of such Borrower's obligations or Borrowing GuarantorDebtor's obligations under this Agreement or the other Credit Documents.

Appears in 1 contract

Samples: Credit Agreement (Del Global Technologies Corp)

Unconditional Obligation. The obligations of each Borrowing Guarantor hereunder the Borrower to pay all amounts due under this Agreement shall be an absolute, irrevocable and unconditional and absolute and, without limiting the generality obligation of the foregoingBorrower and shall be paid or performed strictly in accordance with the terms of this Agreement, shall not be released, discharged or otherwise affected byirrespective of: (a) (i) any extensionlack of legality, renewalvalidity or enforceability of, settlementor any amendment or other modifications of, compromiseor waiver with respect to, the Obligations or any Transaction Document, or (ii) any amendment or other modification of, or waiver with respect to, the Fund Certificate; (b) any exchange, release or release in respect non-perfection of any Obligation of security interest in any other Borrower under Collateral and Revenues securing the Obligations, this Agreement or the other Credit any Transaction Documents; (iic) whether or not such Obligations are contingent or matured, disputed or undisputed, liquidated or unliquidated; (d) any amendment, modification or amendment waiver of, or any consent to, departure from this Agreement, the Fund Certificate or all or any of or supplement to this Agreement or the other Credit Transaction Documents; (iii) any merger or consolidation, change in the corporate existence, structure or ownership of any other Borrower, or any insolvency, bankruptcy, reorganization, adjustment, composition, liquidation or other similar proceeding affecting any other Borrower or its assets; (ive) the existence of any claim, set-off setoff, defense, reduction, abatement or other rights right which such Borrowing Guarantor the Borrower may have at any time against any other Borrower, any Lender the Trustee/Paying Agent or any other Personperson or entity, whether in connection herewith with this Agreement, any other Transaction Document, the Transaction or any unrelated transactions, provided that nothing herein shall prevent the assertion of any such claim by separate suit or compulsory counterclaim; (vf) any invalidity or unenforceability relating to or against any other Borrower for any reason of any provision or all of this Agreement or the other Credit Documents, or any provision of applicable law or regulation purporting to prohibit the payment by any other Borrower of the principal of or interest on any loan statement or any other amount payable by it document presented under this Agreement or in connection with the Fund Certificate or the other Credit DocumentsTerms and Conditions Agreement proving in any and all respects invalid, inaccurate, insufficient, fraudulent or forged or any statement therein being untrue or inaccurate in any respect; or (vig) any payment by the Treasurer on behalf of the Fund under the Fund Certificate against presentation of a notice or other act or omission to act or delay document which does not strictly comply with the terms of any kind by any other Borrower, Agent, any Lender or any other Person or any other circumstance whatsoever which might, but for the provisions of this paragraph, constitute a legal or equitable discharge of such Borrower's obligations or Borrowing Guarantor's obligations under this Agreement or the other Credit Transaction Documents.

Appears in 1 contract

Samples: Reimbursement Agreement

Unconditional Obligation. The obligations of each Borrowing Guarantor hereunder of the Guarantors under this Section 9 shall be absolute and unconditional and absolute and, without limiting the generality of the foregoing, shall not be released, discharged or otherwise affected by: (ia) any extension, renewal, settlement, compromise, waiver or release in respect of any Obligation of the Borrower's Obligations or of any of the obligations of any of the other Borrower Guarantors under this Agreement or the other Credit DocumentsSection 9; (iib) any modification or amendment of or supplement to this Agreement or the other Credit Documents; (iii) any merger or consolidation, change in the corporate existence, structure or ownership of any other Borrower, or any insolvency, bankruptcy, reorganization, adjustment, composition, liquidation reorganization or other similar proceeding affecting any other Borrower or any of its Property or assets; (ivc) the existence of any claim, claims or set-off or other rights which such Borrowing Guarantor may have at any time against any other Borrower, the Agent, any Lender of the Banks or any other Person, whether in connection herewith or any unrelated transactions, provided that nothing herein shall prevent the assertion of any such claim by separate suit or compulsory counterclaim; (vd) any invalidity or unenforceability relating to or against any other Borrower for any reason of all or any provision or all of this Agreement or any of the other Credit Transaction Documents, or any provision of applicable law or regulation purporting to prohibit the payment by any other Borrower of the principal of or interest on any loan Loan or any other amount payable by it under this Agreement or of the other Credit DocumentsBorrower's Obligations; or (vie) any other act or omission to act or delay of any kind by any other Borrower, the Agent, any Lender of the Banks or any other Person or any other circumstance whatsoever which might, but for the provisions of this paragraph, constitute a legal or equitable discharge of such Borrower's obligations or Borrowing Guarantor's obligations under this Agreement or the other Credit DocumentsSection 9.

Appears in 1 contract

Samples: Revolving Credit Agreement (Huntco Inc)

Unconditional Obligation. The obligations of each Borrowing Guarantor hereunder shall be unconditional and absolute and, without limiting the generality of the foregoing, shall not be released, discharged or otherwise affected by: : (ia) any extension, renewal, settlement, compromise, waiver or release in respect of any Obligation Guaranteed Liabilities of any other Borrower or the collateral therefor under this Agreement or the other Credit Loan Documents; ; (iib) any modification or amendment of or supplement to this Agreement or the other Credit Loan Documents; ; (iiic) any merger or consolidation, change in the corporate existence, structure or ownership of any other Borrower, or any insolvency, bankruptcy, reorganization, adjustment, composition, liquidation or other similar proceeding affecting any other Borrower or its collateral or its assets; ; (ivd) the existence of any claim, set-off or other rights which such Borrowing Guarantor may have at any time against any other Borrower, any Lender or any other Person, whether in connection herewith or any unrelated transactions, provided that nothing herein shall prevent the assertion of any such claim by separate suit or compulsory counterclaim; ; (ve) any invalidity or unenforceability relating to or against any other Borrower for any reason of any provision or all of this Agreement or the other Credit Loan Documents, or any provision of applicable law or regulation purporting to prohibit the payment by any other Borrower of the principal of or interest on any loan or any other amount payable by it under this Agreement or the other Credit Loan Documents; or or (vif) any other act or omission to act or delay of any kind by any other Borrower, the Administrative Agent, the Security Trustee, any Lender or any other Person or any other circumstance whatsoever which might, but for the provisions of this paragraph, constitute a legal or equitable discharge of such Borrower's obligations or Borrowing Guarantor's obligations under this Agreement or the other Credit Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Reinhold Industries Inc/De/)

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Unconditional Obligation. The obligations of each Borrowing Guarantor hereunder of the Guarantors under this Section 9 shall be absolute and unconditional and absolute and, without limiting the generality of the foregoing, shall not be released, discharged or otherwise affected by: (ia) any extension, renewal, settlement, compromise, waiver or release in respect of any Obligation of the Borrower's Obligations or of any of the obligations of the other Borrower Guarantor under this Agreement or the other Credit DocumentsSection 9; (iib) any modification or amendment of or supplement to this Agreement or the other Credit Documents; (iii) any merger or consolidation, change in the corporate existence, structure or ownership of any other Borrower, or any insolvency, bankruptcy, reorganization, adjustment, composition, liquidation reorganization or other similar proceeding affecting any other Borrower or any of its Property or assets; (ivc) the existence of any claim, claims or set-off or other rights which such Borrowing Guarantor may have at any time against any other Borrower, the Agent, any Lender of the Banks or any other Person, whether in connection herewith or any unrelated transactions, provided that nothing herein shall prevent the assertion of any such claim by separate suit or compulsory counterclaim; (vd) any invalidity or unenforceability relating to or against any other Borrower for any reason of all or any provision or all of this Agreement or any of the other Credit Transaction Documents, or any provision of applicable law or regulation purporting to prohibit the payment by any other Borrower of the principal of or interest on any loan Loan or any other amount payable by it under this Agreement or of the other Credit DocumentsBorrower's Obligations; or (vie) any other act or omission to act or delay of any kind by any other Borrower, the Agent, any Lender of the Banks or any other Person or any other circumstance whatsoever which might, but for the provisions of this paragraph, constitute a legal or equitable discharge of such Borrower's obligations or Borrowing Guarantor's obligations under this Agreement or the other Credit DocumentsSection 9.

Appears in 1 contract

Samples: Revolving Credit Agreement (Huntco Inc)

Unconditional Obligation. The obligations of each Borrowing Guarantor hereunder the Borrower to pay all amounts due under this Agreement shall be an absolute, irrevocable and unconditional and absolute and, without limiting the generality obligation of the foregoingBorrower and shall be paid or performed strictly in accordance with the terms of this Agreement, shall not be released, discharged or otherwise affected byirrespective of: (a) (i) any extensionlack of legality, renewalvalidity or enforceability of, settlementor any amendment or other modifications of, compromiseor waiver with respect to, the Obligations or any Transaction Document, or (ii) any amendment or other modification of, or waiver with respect to, the Fund Certificate; (b) any exchange, release or release in respect non-perfection of any Obligation of security interest in any other Borrower under Collateral and Revenues securing the Obligations, this Agreement or the other Credit any Transaction Documents; (iic) whether or not such Obligations are contingent or matured, disputed or undisputed, liquidated or unliquidated; (d) any amendment, modification or amendment waiver of any provision of this Agreement, the Fund Certificate or supplement to this Agreement all or any of the other Credit Transaction Documents; (iii) any merger or consolidation, change in the corporate existence, structure or ownership of any other Borrower, or any insolvency, bankruptcy, reorganization, adjustment, composition, liquidation or other similar proceeding affecting any other Borrower or its assets; (ive) the existence of any claim, set-off setoff, defense, reduction, abatement or other rights right which such Borrowing Guarantor the Borrower may have at any time against any other Borrower, any Lender or any other Person, whether in connection herewith or any unrelated transactions, provided that nothing herein shall prevent the assertion of any such claim by separate suit or compulsory counterclaim; (v) any invalidity or unenforceability relating to or against any other Borrower for any reason of any provision or all of this Agreement or the other Credit Documents, or any provision of applicable law or regulation purporting to prohibit the payment by any other Borrower of the principal of or interest on any loan or any other amount payable by it under this Agreement or the other Credit Documents; or (vi) any other act or omission to act or delay of any kind by any other Borrower, Agent, any Lender Trustee or any other Person or entity, whether in connection with this Agreement, any other circumstance whatsoever which mightTransaction Document, but for the provisions of this paragraph, constitute a legal Transaction or equitable discharge of such Borrower's obligations any unrelated transactions; (f) any statement or Borrowing Guarantor's obligations any other document presented under this Agreement or in connection with the Fund Certificate or the Terms and Conditions Agreement proving in any and all respects invalid, inaccurate, insufficient, fraudulent or forged or any statement therein being untrue or inaccurate in any respect; or (g) any payment by the Treasurer on behalf of the Fund under the Fund Certificate against presentation of a notice or other Credit document which does not strictly comply with the terms of the Transaction Documents.

Appears in 1 contract

Samples: Reimbursement Agreement

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