Payments Absolute. The reimbursement and indemnity obligations of Lessor and Lessee under this Agreement and the other Operative Documents shall be absolute, unconditional and irrevocable, and shall to the fullest extent provided by Applicable Law be paid strictly in accordance with the terms of this Agreement and the other Operative Documents, under all circumstances whatsoever, including the following circumstances: (i) any lack of legality, validity, regularity or enforceability of this Agreement or any of the Operative Documents; (ii) any amendment or waiver of or any consent given hereunder or under any of the Operative Documents; (iii) the existence of any claim, set-off, defense or other rights which Lessor or Lessee may have at any time against Ex–Im Bank or any other Person or entity, whether in connection with this Agreement, the Operative Documents or any unrelated transaction; and (iv) any other circumstance or happening whatsoever, whether or not similar to any of the foregoing which could be interpreted as a legal or equitable defense to payment hereunder or under any Operative Document.
Appears in 1 contract
Sources: Participation Agreement (Atlas Air Worldwide Holdings Inc)
Payments Absolute. The reimbursement and indemnity obligations of Lessor and each Lessee under this Agreement and the other Operative Documents shall be absolute, unconditional and irrevocable, and shall to the fullest extent provided by Applicable Law be paid strictly in accordance with the terms of this Agreement and the other Operative DocumentsAgreement, under all circumstances whatsoever, including the following circumstances: (i) any lack of legality, validity, regularity or enforceability of this Agreement or any of the Operative DocumentsDocuments or any Operating Lease; (ii) any amendment or waiver of or any consent given hereunder or under any of the Operative DocumentsDocuments or any Operating Lease; (iii) the existence of any claim, set-off, defense or other rights which Lessor or such Lessee may have at any time against Ex–-Im Bank or any other Person or entity, whether in connection with this Agreement, the Operative Documents Documents, any Operating Lease or any unrelated transaction; and (iv) any other circumstance or happening whatsoever, whether or not similar to any of the foregoing which could be interpreted as a legal or equitable defense to payment hereunder or under any Operative Document.
Appears in 1 contract
Sources: Participation Agreement (Gatx Corp)