Obligations of Borrower Unconditional Sample Clauses

Obligations of Borrower Unconditional. (i) The Borrower shall pay to or upon the order of the Authority, at or before the time when payable by the Authority, all costs and liabilities incurred by the Authority, including without limitation fees and expenses of counsel to the Authority, in connection with the issuance of the Bonds and the making of the Loan to the Borrower herein, or otherwise as a result of the transactions contemplated by the Borrower Documents or the Indenture. (ii) Subject to the provisions of Section 3.02(f)(iii), the obligation of the Borrower to make the payments as required in this Section 3.02, and to perform and observe any and all of the other covenants and agreements on its part contained herein, shall be absolute and unconditional irrespective of any defense or any rights of setoff, recoupment, or counterclaim which the Borrower may otherwise have against the Authority, with the exception of any Intercept Payments received, which shall be credited against any amounts due. The Borrower shall not: (1) suspend, discontinue, or ▇▇▇▇▇ any payment required by this Section 3.02 (except as expressly provided herein); (2) fail to observe any of its other covenants or agreements in this Loan Agreement; or (3) terminate this Loan Agreement for any cause whatsoever (except as provided in Section 7.01 hereof), including without limiting the generality of the foregoing, any declaration or finding that the Bonds, the Indenture, or any portion of this Loan Agreement are invalid or unenforceable, and, any failure of the Authority to perform and observe any agreement, whether expressed or implied, or any duty, liability, or obligation, arising out of or in connection with this Loan Agreement or otherwise. (iii) Notwithstanding anything herein to the contrary, the liability of the Borrower or any of its Affiliates under this Loan Agreement to any person or entity, including, but not limited to, the Bond Trustee or the Authority and their respective successors and assigns, is limited to the Gross Revenues and the amounts held in the funds and accounts created under the Indenture (except the Rebate Fund) or hereunder, and such persons and entities shall look exclusively thereto, or to such other security as may from time to time be given for the payment of obligations arising out of this Loan Agreement or any other agreement securing the obligations of the Borrower with respect to the Loan or the Bonds. (iv) The Authority covenants that it shall not take recourse against the Borrower or...

Obligations of Borrower Unconditional. Nothing contained in this Section 8 or elsewhere in this Agreement or in the Notes is intended to or shall impair, as among Borrower and the Lenders, the obligation of Borrower, which is absolute and unconditional, to pay to the Lenders the principal of and interest on the Loans and Notes as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Lenders and creditors of Borrower other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the Lenders or the Arranger on their behalf from exercising all remedies otherwise permitted by applicable law upon default under this Agreement, subject to the rights, if any, under this Section 8 of the holders of the Senior Indebtedness in respect of cash, property or securities of Borrower received upon the exercise of any such remedy. Without limiting the generality of the foregoing, nothing contained in this Section 8 shall restrict the right of the Arranger or the Lenders to take any action to declare the Securities to be due and payable prior to their stated maturity pursuant to Section 7 or to pursue any rights or remedies hereunder; provided, however, that all Senior Indebtedness then due and payable shall first -------- ------- be paid in full before the Lenders or the Arranger are entitled to receive any direct or indirect payment from Borrower of principal of or interest on the Loans and Notes.

Obligations of Borrower Unconditional. (a) Nothing contained in this Article VIII or elsewhere in this Agreement or in the Senior Subordinated Notes is intended to or shall impair, as among the Borrower and GOF, the obligation of the Borrower, which is absolute and unconditional, to pay to GOF and its successors and assigns the principal of and interest on the Senior Subordinated Notes as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the holders of the Senior Subordinated Notes and creditors of the Borrower other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent GOF and its successors or assigns from exercising all remedies otherwise permitted by applicable law upon default under this Agreement, subject to the rights, if any, under this Article VIII of the holders of the Senior Indebtedness in respect of cash, property or securities of the Borrower received upon the exercise of any such remedy. (b) Without limiting the generality of the foregoing, nothing contained in this Article VIII shall restrict the right of GOF and its successors and assigns to take any action to declare the Senior Subordinated Notes to be due and payable prior to its stated maturity pursuant to Sections 7.01 and 7.02 or to pursue any rights or remedies hereunder; provided, however, that all Senior Indebtedness then due and payable shall first be paid in full in cash before GOF or its successors and assigns are entitled to receive any direct or indirect payment from the Borrower of principal of or interest on the Senior Subordinated Notes.

Obligations of Borrower Unconditional. The obligations of the Borrower to make the payments required by Sections 8.01 and 8.03 shall be absolute and unconditional. Until the principal of and interest on the Bonds shall have been fully paid or provision for the payment of the Bonds made in accordance with this Agreement, the Borrower (a) will not suspend or discontinue any payments provided for in Sections 8.01, 8.02 or 8.03 hereof, (b) will perform all its other agreements in this Agreement and (c) will not terminate this Agreement for any cause including any acts or circumstances that may constitute failure of consideration, destruction of or damage to the Project, commercial frustration of purpose, any change in the laws of the United States or of the State or any political subdivision of either or any failure of the Issuer to perform any of its agreements, whether express or implied, or any duty, liability or obligation arising from or connected with this Agreement.

Obligations of Borrower Unconditional. The payment of the Obligations and the performance under all of the Borrower’s agreements under the Loan Documents shall be the absolute and unconditional joint and several duty and obligation of the Borrower, and shall be independent of any defense or any rights of set-off, recoupment or counterclaim which any Borrower might otherwise have against the Lender, and the Borrower shall pay absolutely all payments of principal, interest, fees and other amounts to be paid on account of the Obligations, free of any deduction and without abatement, diminution or set-off.

Obligations of Borrower Unconditional. The obligations of the Borrower to make all payments pursuant to this Agreement and to observe and perform all other covenants, conditions and agreements under the Basic Documents shall be absolute and unconditional, irrespective of any rights of setoff, recoupment or counterclaim the Borrower might otherwise have against the Authority or the Trustee. Subject to prepayment as provided in this Agreement, the Borrower shall not suspend or discontinue any such payment or fail to observe and perform any of its other covenants, conditions and agreements under the Basic Documents for any cause, including without limitation any acts or circumstances that may constitute an eviction or constructive eviction, failure of consideration, failure of title to any part or all of the Facility, or commercial frustration of purpose, or any damage to or destruction or condemnation of all or any part of the Facility or any change in the tax or other laws of the United States, the Commonwealth or any political subdivision of either or any failure of the Authority or any other person to observe and perform any covenant, condition or agreement, whether express or implied, or any duty, liability or obligation arising out of or in connection with the Basic Documents.

Obligations of Borrower Unconditional. The obligations of the Borrower to make the payments required by Sections 4.1 and 4.3 and to perform its other agreements contained in this Agreement shall be absolute and unconditional limited by the amount of SSA Taxes. Until the principal of and interest on the Bonds shall have been fully paid or provision for the payment of the Bonds made in accordance with the Indenture, the Borrower (a) will not suspend or discontinue any payments provided for in Section 4.1 hereof, (b) will perform all their other agreements in this Agreement, and (c) will not terminate this Agreement or suspend or delay their performance under this Agreement for any cause including any acts or circumstances that may constitute failure of consideration, destruction of or damage to the Project, commercial frustration of purpose, any change in the laws of the United States or of the State or any political subdivision of either, or any default or failure of the Issuer to perform any of its agreements, whether express or implied, or any duty, liability or obligation arising from or connected with this Agreement.

Obligations of Borrower Unconditional. BORROWER'S obligations under of this agreement are unconditional, and not subject to any defense or any right of set-off, counter-claim or recoupment arising out of any breach by LENDER of any obligation to BORROWER, pursuant to this agreement or any other, or out of any indebtedness or liability at any time owing to BORROWER by LENDER. BORROWER will not diminish, suspend or discontinue any payments provided in Article 8.14, or any other provision of this agreement. BORROWER will pay required payments in full when due, without any diminution whatsoever.

Obligations of Borrower Unconditional. Nothing contained in this Article XIV or elsewhere in this Agreement is intended to or shall impair, as among Borrower and the Lender, the obligation of Borrower, which is absolute and unconditional, to pay to the Lender the principal of and interest on the Obligations as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Lender and creditors of Borrower other than the lender under the Existing Loan Agreement, nor shall anything herein or therein prevent the Lender from exercising all remedies otherwise permitted by applicable Law upon Default under this Agreement, subject to the rights, if any, under this Article XIV of the lender under the Existing Loan Agreement in respect of cash, property or securities of Borrower received upon the exercise of any such remedy. Without limiting the generality of the foregoing, nothing contained in this Article XIV shall restrict the right of the Lender to take any action to declare the Obligations to be due and payable prior to the Tranche A Maturity Date or the Maturity Date, as the case may be, or to pursue any rights or remedies hereunder; provided, however, that Existing Loan then due and payable shall first be paid in full before the Lender is entitled to receive any direct or indirect payment from Borrower of principal of or interest on the Obligations.