Swing Line Loans - Generally Clause Samples
Swing Line Loans - Generally. Anything contained herein to the contrary notwithstanding, each applicable Facility Lender's obligation to purchase a participation in any Swing Line Loan shall be absolute and unconditional and shall not be affected by any circumstance, including (i) any set-off, counterclaim, recoupment, defense or other right which such Lender may have against any Swing Line Lender, any Credit Party or any other Person for any reason whatsoever; (ii) the occurrence or continuation of an Event of Default or a Default; (iii) any adverse change in the business, operations, properties, assets, condition (financial or otherwise) or prospects of Company or any of its Subsidiaries; (iv) any breach hereof or any other Credit Document by any party thereto; or (v) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing. In no event shall the participation of any Lender in any Swing Line Loan purchased pursuant to Section 2.2(b)(iv) or 2.2(d)(v) be construed as a loan or other extension of credit by such Lender to Company, any other Lender or any Agent, or shall this Agreement be construed to require any Lender to fund or pay any amount in respect of any such participation in any Loan except as set forth herein.
