Common use of Unconditional Obligation Clause in Contracts

Unconditional Obligation. The obligations of the Company, each Borrower and WQD 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 Borrower or the Collateral therefor under this Agreement or the other Financing Agreements; (ii) any modification or amendment of or supplement to this Agreement or the other Financing Agreements; (iii) any change in the corporate existence, structure or ownership of any Loan Party, or any insolvency, bankruptcy, reorganization or other similar proceeding affecting any other Loan Party or its Collateral or its assets; (iv) the existence of any claim, set-off or other rights which a Borrower or WQD may have at any time against the Company or any other Borrower, the Agent 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; -100- 106 (v) any validity or unenforceability relating to or against the Company, any Borrower or WQD for any reason of any provision or all of this Agreement or the other Financing Agreements, or any provision of applicable law or regulation purporting to prohibit the payment by the Company, any Borrower or WQD of the principal of or interest on any loan or any other amount payable by it under this Agreement or the other Financing Agreements; or (vi) any other act or omission to act or delay of any kind by the Company, any Borrower, WQD, the Agent 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 the Company's, such Borrower's or WQD's obligations under this Agreement or the other Financing Agreements.

Unconditional Obligation. The obligations of each of the Company, each Borrower and WQD hereunder 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 Borrower or of the Collateral therefor obligations of any of the other Guarantors under this Agreement or the other Financing AgreementsSection 9; (ii) any modification or amendment of or supplement to this Agreement or the other Financing Agreements; (iiib) any change in the corporate existence, structure or ownership of any Loan PartyBorrower, or any insolvency, bankruptcy, reorganization or other similar proceeding affecting Borrower or any other Loan Party of its Property or its Collateral or its assets; (ivc) the existence of any claim, claims or set-off or other rights which a Borrower or WQD such Guarantor may have at any time against the Company or any other Borrower, the Agent Agent, any 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; -100- 106; (vd) any validity invalidity or unenforceability relating to or against the Company, any Borrower or WQD for any reason of all or any provision or all of this Agreement or any of the other Financing AgreementsTransaction Documents, or any provision of applicable law or regulation purporting to prohibit the payment by the Company, any Borrower or WQD of the principal of or interest on any loan Loan or any other amount payable by it under this Agreement or of the other Financing AgreementsBorrower's Obligations; or (vie) any other act or omission to act or delay of any kind by Borrower, the CompanyAgent, any Borrower, WQD, of the Agent 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 the Company's, such Borrower's or WQDGuarantor's obligations under this Agreement or the other Financing AgreementsSection 9.

Unconditional Obligation. The obligations of the Company, each Borrower and WQD 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 Borrower or the Collateral collateral therefor under this Agreement or the other Financing Agreements; Loan Documents; (iib) any modification or amendment of or supplement to this Agreement or the other Financing Agreements; Loan Documents; (iiic) any merger or consolidation, change in the corporate existence, structure or ownership of any Loan PartyBorrower, or any insolvency, bankruptcy, reorganization reorganization, adjustment, composition, liquidation or other similar proceeding affecting any other Loan Party Borrower or its Collateral collateral or its assets; ; (ivd) the existence of any claim, set-off or other rights which a Borrower or WQD such Guarantor may have at any time against the Company or any other Borrower, the Agent 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; -100- 106 (ve) any validity invalidity or unenforceability relating to or against the Company, any Borrower or WQD for any reason of any provision or all of this Agreement or the other Financing AgreementsLoan Documents, or any provision of applicable law or regulation purporting to prohibit the payment by the Company, any Borrower or WQD of the principal of or interest on any loan or any other amount payable by it under this Agreement or the other Financing AgreementsLoan Documents; or or (vif) any other act or omission to act or delay of any kind by any other Borrower, the CompanyAdministrative Agent, the Security Trustee, any Borrower, WQD, the Agent 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 the Company's, such Borrower's obligations or WQDGuarantor's obligations under this Agreement or the other Financing AgreementsLoan Documents.

Unconditional Obligation. The obligations of the CompanyBorrower to pay all amounts due under this Agreement shall be an absolute, each irrevocable and unconditional obligation of the Borrower and WQD hereunder shall be unconditional and absolute andpaid or performed strictly in accordance with the terms of this Agreement, without limiting the generality of the foregoing, 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, waiver the Obligations or release in respect of any Obligation of any Borrower Transaction Document, or the Collateral therefor under this Agreement or the other Financing Agreements; (ii) any amendment or other modification of, or amendment waiver with respect to, the Fund Certificate; (b) any exchange, release or non-perfection of or supplement to any security interest in any Collateral and Revenues securing the Obligations, this Agreement or the other Financing Agreementsany Transaction Documents; (iiic) whether or not such Obligations are contingent or matured, disputed or undisputed, liquidated or unliquidated; (d) any change in the corporate existenceamendment, structure modification or ownership of any Loan Partywaiver of, or any insolvencyconsent to, bankruptcydeparture from this Agreement, reorganization the Fund Certificate or all or any of the other similar proceeding affecting any other Loan Party or its Collateral or its assetsTransaction Documents; (ive) the existence of any claim, set-off setoff, defense, reduction, abatement or other rights right which a the Borrower or WQD may have at any time against the Company or any other Borrower, 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; -100- 106; (vf) any validity or unenforceability relating to or against the Company, any Borrower or WQD for any reason of any provision or all of this Agreement or the other Financing Agreements, or any provision of applicable law or regulation purporting to prohibit the payment by the Company, any Borrower or WQD 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 Financing AgreementsTerms 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 other act or omission to act or delay of any kind payment by the Company, any Borrower, WQD, the Agent or any other Person or any other circumstance whatsoever which might, but for the provisions of this paragraph, constitute a legal or equitable discharge Treasurer on behalf of the Company's, such Borrower's Fund under the Fund Certificate against presentation of a notice or WQD's obligations under this Agreement or other document which does not strictly comply with the other Financing Agreementsterms of the Transaction Documents.

Unconditional Obligation. The obligations of each of the Company, each Borrower and WQD hereunder 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 Borrower or of the Collateral therefor obligations of the other Guarantor under this Agreement or the other Financing AgreementsSection 9; (ii) any modification or amendment of or supplement to this Agreement or the other Financing Agreements; (iiib) any change in the corporate existence, structure or ownership of any Loan PartyBorrower, or any insolvency, bankruptcy, reorganization or other similar proceeding affecting Borrower or any other Loan Party of its Property or its Collateral or its assets; (ivc) the existence of any claim, claims or set-off or other rights which a Borrower or WQD such Guarantor may have at any time against the Company or any other Borrower, the Agent Agent, any 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; -100- 106; (vd) any validity invalidity or unenforceability relating to or against the Company, any Borrower or WQD for any reason of all or any provision or all of this Agreement or any of the other Financing AgreementsTransaction Documents, or any provision of applicable law or regulation purporting to prohibit the payment by the Company, any Borrower or WQD of the principal of or interest on any loan Loan or any other amount payable by it under this Agreement or of the other Financing AgreementsBorrower's Obligations; or (vie) any other act or omission to act or delay of any kind by Borrower, the CompanyAgent, any Borrower, WQD, of the Agent 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 the Company's, such Borrower's or WQDGuarantor's obligations under this Agreement or the other Financing AgreementsSection 9.

Unconditional Obligation. The obligations of the CompanyBorrower to pay all amounts due under this Agreement shall be an absolute, each irrevocable and unconditional obligation of the Borrower and WQD hereunder shall be unconditional and absolute andpaid or performed strictly in accordance with the terms of this Agreement, without limiting the generality of the foregoing, 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, waiver the Obligations or release in respect of any Obligation of any Borrower Transaction Document, or the Collateral therefor under this Agreement or the other Financing Agreements; (ii) any amendment or other modification of, or amendment waiver with respect to, the Fund Certificate; (b) any exchange, release or non-perfection of or supplement to any security interest in any Collateral and Revenues securing the Obligations, this Agreement or the other Financing Agreementsany Transaction Documents; (iiic) any change in the corporate existencewhether or not such Obligations are contingent or matured, structure disputed or ownership of any Loan Partyundisputed, liquidated or any insolvency, bankruptcy, reorganization or other similar proceeding affecting any other Loan Party or its Collateral or its assetsunliquidated; (ivd) any amendment, modification or waiver of any provision of this Agreement, the Fund Certificate or all or any of the other Transaction Documents; (e) the existence of any claim, set-off setoff, defense, reduction, abatement or other rights right which a the Borrower or WQD may have at any time against the Company or any other Borrower, the Agent 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; -100- 106 (v) any validity or unenforceability relating to or against the Company, any Borrower or WQD for any reason of any provision or all of this Agreement or the other Financing Agreements, or any provision of applicable law or regulation purporting to prohibit the payment by the Company, any Borrower or WQD of the principal of or interest on any loan or any other amount payable by it under this Agreement or the other Financing Agreements; or (vi) any other act or omission to act or delay of any kind by the Company, any Borrower, WQD, the Agent 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 paragraphTransaction or any unrelated transactions; (f) any statement or any other document presented under or in connection with the Fund Certificate or the Terms and Conditions Agreement proving in any and all respects invalid, constitute a legal inaccurate, insufficient, fraudulent or equitable discharge forged or any statement therein being untrue or inaccurate in any respect; or (g) any payment by the Treasurer on behalf of the Company's, such Borrower's Fund under the Fund Certificate against presentation of a notice or WQD's obligations under this Agreement or other document which does not strictly comply with the other Financing Agreementsterms of the Transaction Documents.

Unconditional Obligation. The obligations of the Company, each Borrower and WQD 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 Borrower the other Debtors or the Collateral therefor under this Agreement or the other Financing Agreements;Credit Documents. (iib) any Any modification or amendment of or supplement to this Agreement or the other Financing Agreements;Credit Documents. (iiic) any Any change in the corporate existence, structure or of ownership of any Loan Partythe other Debtors, or any insolvency, bankruptcy, reorganization or other similar proceeding affecting any the other Loan Party Debtors or its Collateral or its assets;. (ivd) the The existence of any claim, set-off or other rights which a Borrower or WQD such Debtor may have at any time against the Company other Debtor, the Bank or any other Borrower, the Agent 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; -100- 106. (ve) any Any validity or unenforceability relating to or against the Companyany Debtor, any Borrower or WQD for any reason of any provision or all of this Agreement or the other Financing AgreementsCredit Documents, or any provision of applicable law or regulation purporting to prohibit the payment by the Company, of any Borrower or WQD Debtor of the principal of or interest on any loan Loan or any other amount payable by it under this Agreement or the other Financing Agreements; orCredit Documents. (vif) any Any other act or omission to act or delay of any kind by the Company, any Borrower, WQDDebtor, the Agent 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 the Company's, such Borrower's or WQDDebtor's obligations under this Agreement or the other Financing AgreementsCredit Documents.

Unconditional Obligation. The obligations of the Company, each Borrower and WQD 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 or the Collateral therefor under this Agreement or the other Financing AgreementsCredit Documents; (ii) any modification or amendment of or supplement to this Agreement or the other Financing AgreementsCredit Documents; (iii) any merger or consolidation, change in the corporate existence, structure or ownership of any Loan Partyother Borrower, or any insolvency, bankruptcy, reorganization reorganization, adjustment, composition, liquidation or other similar proceeding affecting any other Loan Party or its Collateral Borrower or its assets; (iv) the existence of any claim, set-off or other rights which a Borrower or WQD such Borrowing Guarantor may have at any time against the Company or any other Borrower, the Agent 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; -100- 106; (v) any validity invalidity or unenforceability relating to or against the Company, any other Borrower or WQD for any reason of any provision or all of this Agreement or the other Financing AgreementsCredit Documents, or any provision of applicable law or regulation purporting to prohibit the payment by the Company, any other Borrower or WQD of the principal of or interest on any loan or any other amount payable by it under this Agreement or the other Financing AgreementsCredit Documents; or (vi) any other act or omission to act or delay of any kind by the Companyany other Borrower, Agent, any Borrower, WQD, the Agent 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 the Company's, such Borrower's obligations or WQDBorrowing Guarantor's obligations under this Agreement or the other Financing AgreementsCredit Documents.