Liability of the Borrower Sample Clauses
Liability of the Borrower. Neither the Issuer, nor any of the Issuer’s correspondents shall be liable for the actions or omissions of any person with respect to a Standby Letter of Credit issued hereunder. The Borrower’s liability hereunder and in connection with the Standby Letters of Credit issued hereunder, includes but is not limited to: (i) the form, sufficiency, correctness, validity, genuineness, falsification and legal effect of any Demands and other documents or instruments relating to a Standby Letter of Credit issued hereunder and any general and particular conditions stipulated therein, (ii) the existence, form, sufficiency and breach of any contract, document or other instrument in connection with this Agreement and any Standby Letter of Credit issued hereunder (iii) any delay or failure to give any notice, demand, or protest, errors, omissions, delays or non-delivery of any message however sent, (iv) any other error, neglect or omission if done in good faith, and any action taken in good faith by the Issuer or any of the Issuer’s correspondents, and (v) failure of any person to comply with the terms of the Standby Letter of Credit; provided that this Section 7 shall not be construed to excuse the Issuer from liability to the Borrower to the extent of any direct damages (as opposed to consequential damages, claims in respect of which are hereby waived by the Borrower to the extent permitted by applicable law) suffered by the Borrower that are caused by the Issuer’s gross negligence or willful misconduct when determining whether drafts and other documents presented under a Letter of Credit comply with the terms thereof.
Liability of the Borrower. The Borrower is unconditionally, and without regard to the liability of any other person, liable for the payment and performance of this Note and such liability shall not be affected by an extension of time, renewal, waiver, or modification of this Note or the release, substitution, or addition of collateral for this Note. Each person signing this Note consents to any and all extensions of time, renewals, waivers, or modifications, as well as to release, substitution, or addition of guarantors or collateral security, without affecting the Borrower's liabilities hereunder. Lender is entitled to the benefits of any collateral agreement, guarantee, security agreement, assignment, or any other documents which may be related to or are applicable to the debt evidenced by this Note, all of which are collectively referred to as "Loan Documents" as they now exist, may exist in the future, have existed, and as they may be amended, modified, renewed, or substituted.
Liability of the Borrower. The Borrower and the Lender agree that the obligation of the Borrower to pay the Obligations from Reimbursements is absolute, are obligations payable solely from the Reimbursements, without recourse to any other assets, funds or monies of the Borrower, and the Collateral is irrevocably pledged to punctually pay all such amounts owed hereunder, all in accordance with the terms and conditions hereof, and the Lender shall not be responsible for, among other things, (i) the validity, genuineness or enforceability of this Agreement, the Note, any Collateral or documents, notices or endorsements relating thereto (even if this Agreement or any documents, notices endorsements relating thereto should in fact prove to be in any and all respects invalid, fraudulent or forged), (ii) the use to which the amounts disbursed by the Lender may be put, (iii) any other circumstances or happenings whatsoever, whether or not similar to any of the foregoing, or (iv) the existence of any claim, set off, defense or other right which the Borrower may have at any time against the Lender or any other person or entity, whether in connection with this Agreement, the other Related Documents, the transactions contemplated herein or therein or any unrelated transaction.
Liability of the Borrower. Co-borrower and Guarantor to be Joint and Several
Liability of the Borrower. The Borrower and the Purchaser agree that the obligation of the Borrower to pay the Obligations are contractual obligations of the Borrower payable solely from the Revenues and shall not be affected by, and the Purchaser shall not be responsible for, among other things, (i) the validity, genuineness or enforceability of this Agreement, the Note or documents, notices or endorsements relating thereto (even if this Agreement or any documents, notices endorsements relating thereto should in fact prove to be in any and all respects invalid, fraudulent or forged), (ii) the use to which the amounts disbursed by the Purchaser may be put, or (iii) any other circumstances or happenings whatsoever, whether or not similar to any of the foregoing.
Liability of the Borrower. (s) and Co-Borrower(s)
Liability of the Borrower. 2.6.1. The Borrower shall be liable to the Lender for due fulfilment of the obligations under the Agreement including repayment of the Loan and payment of the Interest.
2.6.2. In the event the Borrower fails to comply with Maturity Date of the Loan repayment and such a delay exceeds 3 (three) calendar days, MONEDIUS may request and the Borrower shall continue to pay Interest specified in point e) of Special Conditions. In case where such a delay exceeds 30 (thirty) calendar days, MONEDIUS is entitled to terminate the Agreement in accordance with clause 2.9.2.3.
Liability of the Borrower. The obligation of the Borrower to repay each Loan and to make any and all payments to Xxxxxx Xxx required by this Agreement shall not be subject to diminution by set-off, recoupment, counterclaim, abatement or otherwise. Until the later of the date on which (i) all the Bonds have been fully paid (or provision made therefor as a legal defeasance) in accordance with the Indentures (ii) each Credit Enhancement Instrument has been terminated in accordance with its terms, and (iii) all amounts due and owing Xxxxxx Mae under this Agreement (and longer if required by the terms of this Agreement or any Mortgage Loan Document) have been paid, the Borrower (a) shall continue to have the obligation to repay each Loan as aforesaid, (b) shall perform and observe all of its other obligations contained in this Agreement, the Borrower Documents and all other documents contemplated hereby or thereby. The obligations of the Borrower under this Agreement shall be absolute, unconditional and irrevocable and shall be paid and performed strictly in accordance with the terms of this Agreement under all circumstances whatsoever, including, without limitation, the following circumstances: (a) any invalidity or unenforceability of any of the Borrower Documents or any other agreement or instrument related to the Borrower Documents; (b) any amendment or waiver of, or any consent to or departure from, the terms of any Credit Enhancement Instrument, any of the other Borrower Documents, or any other agreement or instrument related to the Borrower Documents, any extensions of time or other modifications of the terms and conditions for any act to be performed in connection with such Credit Enhancement Instrument; (c) the existence of any claim, set-off, defense or other right which any Borrower may have at any time against Xxxxxx Xxx, the Loan Servicer, any Issuer, any Trustee, any Tender Agent, the Remarketing Agent, any Key Principal or any other Person, whether in connection with this Agreement, any of the other Borrower Documents, any Mortgaged Property, or any unrelated transaction; (d) the surrender or impairment of any security for the performance or observance of any of the agreements or terms of this Agreement or the other Borrower Documents; (e) defect in title to any Mortgaged Property, any acts or circumstances that may constitute failure of consideration, destruction of, damage to or condemnation of any Mortgaged Property, commercial frustration of purpose, or any change in t...
Liability of the Borrower. In the case of more than one Borrower, the liability of the Borrower to the Lender shall be joint and several.
Liability of the Borrower. The Loaned Item is to be returned in the condition set out in the Agreement. The Borrower is liable for any damage, pursuant to legal provisions. The Borrower is not entitled to a replacement device, nor to repair work.