Unconditional Payment. Borrower is and shall be obligated to pay principal, interest and any and all other amounts which become payable hereunder or under the other Loan Documents absolutely and unconditionally and without any abatement, postponement, diminution or deduction and without any reduction for counterclaim or setoff. In the event that at any time any payment received by Lender hereunder shall be deemed by a court of competent jurisdiction to have been a voidable preference or fraudulent conveyance under any bankruptcy, insolvency or other debtor relief law, then the obligation to make such payment shall survive any cancellation or satisfaction of this Note or return thereof to Borrower and shall not be discharged or satisfied with any prior payment thereof or cancellation of this Note, but shall remain a valid and binding obligation enforceable in accordance with the terms and provisions hereof, and such payment shall be immediately due and payable upon demand.
Appears in 20 contracts
Samples: Indemnity Agreement (NNN Apartment REIT, Inc.), Indemnity Agreement (NNN Apartment REIT, Inc.), Indemnity Agreement (NNN Healthcare/Office REIT, Inc.)
Unconditional Payment. Borrower is and shall be obligated to pay all principal, interest and any and all other amounts which become payable hereunder under this Note or under any of the other Loan Documents absolutely and unconditionally and without any abatement, postponement, diminution or deduction whatsoever and without any reduction for counterclaim or setoffsetoff whatsoever. In the event that If at any time any payment received by Lender hereunder shall be deemed by a court of competent jurisdiction to have been a voidable preference or fraudulent conveyance under any bankruptcy, insolvency or other debtor relief lawDebtor Relief Law, then the obligation to make such payment shall survive any cancellation or satisfaction of this Note or return thereof to Borrower and shall not be discharged or satisfied with any prior payment thereof or cancellation of this Note, but shall remain a valid and binding obligation enforceable in accordance with the terms and provisions hereof, and such payment shall be immediately due and payable upon demand.
Appears in 19 contracts
Samples: Credit Agreement (Adams Golf Inc), Promissory Note (Global Innovation Corp.), Promissory Note (Global Innovation Corp.)
Unconditional Payment. Borrower is and shall be obligated to pay all principal, interest and any and all other amounts which become payable hereunder or under any of the other Loan Documents absolutely and unconditionally and without any abatement, postponement, diminution or deduction whatsoever and without any reduction for counterclaim or setoffsetoff whatsoever. In the event that If at any time any payment received by Lender Administrative Agent hereunder shall be deemed by a court of competent jurisdiction to have been a voidable preference or fraudulent conveyance under any bankruptcy, insolvency or other debtor relief lawDebtor Relief Law, then the obligation to make such payment shall survive any cancellation or satisfaction of this Note or return thereof to Borrower the Obligations under the Loan Documents and shall not be discharged or satisfied with any prior payment thereof or cancellation of this Notesuch Obligations, but shall remain a valid and binding obligation enforceable in accordance with the terms and provisions hereof, and such payment shall be immediately due and payable upon demand.
Appears in 18 contracts
Samples: Credit Agreement (Bgsf, Inc.), Credit Agreement (BG Staffing, Inc.), Credit Agreement (Granite Ridge Resources, Inc.)
Unconditional Payment. Borrower is and shall be obligated to pay principal, interest and any and all other amounts which become became payable hereunder or under the other Loan Documents absolutely and unconditionally and without any abatement, postponement, diminution or deduction and without any reduction for counterclaim or setoff. In the event that at any time any payment received by Lender hereunder shall be deemed by a court of competent jurisdiction to have been a voidable preference or fraudulent conveyance under any bankruptcy, insolvency or other debtor relief law, then the obligation to make such payment shall survive any cancellation or satisfaction of this Note or return thereof to Borrower and shall not be discharged or satisfied with any prior payment thereof or cancellation of this Note, but shall remain a valid and binding obligation enforceable in accordance with the terms and provisions hereof, and such payment shall be immediately due and payable upon demand.
Appears in 18 contracts
Samples: And Consolidated Mortgage and Security Agreement (Mack Cali Realty L P), Promissory Note (Hines Real Estate Investment Trust Inc), And Consolidated Mortgage and Security Agreement (Mack Cali Realty Corp)
Unconditional Payment. Each Borrower is and shall be obligated to pay all principal, interest and any and all other amounts which become payable hereunder or under any of the other Loan Documents absolutely and unconditionally and without any abatement, postponement, diminution or deduction whatsoever and without any reduction for counterclaim or setoffsetoff whatsoever. In the event that If at any time any payment received by Lender Administrative Agent hereunder shall be deemed by a court of competent jurisdiction to have been a voidable preference or fraudulent conveyance under any bankruptcy, insolvency or other debtor relief lawDebtor Relief Law, then the obligation to make such payment shall survive any cancellation or satisfaction of this Note or return thereof to Borrower the Obligations under the Loan Documents and shall not be discharged or satisfied with any prior payment thereof or cancellation of this Notesuch Obligations, but shall remain a valid and binding obligation enforceable in accordance with the terms and provisions hereof, and such payment shall be immediately due and payable upon demand.
Appears in 5 contracts
Samples: Credit Agreement (FlexEnergy Green Solutions, Inc.), Credit Agreement (FlexEnergy Green Solutions, Inc.), Credit Agreement (Sunnova Energy International Inc.)
Unconditional Payment. Borrower is Borrowers are and shall be obligated to pay principal, interest and any and all other amounts which become became payable hereunder under the Notes or under the other Loan Documents absolutely and unconditionally and without any abatement, postponement, diminution or deduction and without any reduction for counterclaim or setoff. In the event that at any time any payment received by Lender hereunder under the Documents shall be deemed by a court of competent jurisdiction to have been a voidable preference or fraudulent conveyance under any bankruptcy, insolvency or other debtor relief law, then the obligation to make such payment shall survive any cancellation or satisfaction of this Note any of the Notes or return thereof to any Borrower and shall not be discharged or satisfied with any prior payment thereof or cancellation of this any Note, but shall remain a valid and binding obligation enforceable in accordance with the terms and provisions hereof, and such payment shall be immediately due and payable upon demand.
Appears in 4 contracts
Samples: Loan Agreement (CNL Healthcare Properties, Inc.), Loan Agreement (CNL Healthcare Properties, Inc.), Loan Agreement (CNL Healthcare Properties, Inc.)
Unconditional Payment. Borrower is and shall be obligated to pay all principal, interest and any and all other amounts which become payable hereunder or under any of the other Loan Documents absolutely and unconditionally and without any abatement, postponement, diminution or deduction whatsoever and without any reduction for counterclaim or setoffsetoff whatsoever, in each case, except as required by applicable Law. In the event that If at any time any payment received by Lender Administrative Agent hereunder shall be deemed by a court of competent jurisdiction to have been a voidable preference or fraudulent conveyance under any bankruptcy, insolvency or other debtor relief lawDebtor Relief Law, then the obligation to make such payment shall survive any cancellation or satisfaction of this Note or return thereof to Borrower the Obligations under the Loan Documents and shall not be discharged or satisfied with any prior payment thereof or cancellation of this Notesuch Obligations, but shall remain a valid and binding obligation enforceable in accordance with the terms and provisions hereof, and such payment shall be immediately due and payable upon demand.
Appears in 4 contracts
Samples: Credit Agreement (Granite Ridge Resources, Inc.), Credit Agreement (Granite Ridge Resources, Inc.), Credit Agreement (Granite Ridge Resources, Inc.)
Unconditional Payment. Borrower Maker is and shall be obligated to pay principal, interest and any and all other amounts which become payable hereunder or under the other Loan Documents absolutely and unconditionally and without any abatement, postponement, diminution or deduction and without any reduction for counterclaim or setoff. In the event that at any time any payment received by Lender Payee hereunder shall be deemed by a court of competent jurisdiction to have been a voidable preference or fraudulent conveyance under any bankruptcy, insolvency or other debtor relief law, then the obligation to make such payment shall survive any cancellation or satisfaction of this Note or return thereof to Borrower Maker and shall not be discharged or satisfied with any prior payment thereof or cancellation of this Note, but shall remain a valid and binding obligation enforceable in accordance with the terms and provisions hereof, and such payment shall be immediately due and payable upon demand.
Appears in 4 contracts
Samples: Apple Hospitality Two Inc, Cole Credit Property Trust II Inc, Cole Credit Property Trust II Inc
Unconditional Payment. Borrower is Borrowers are and shall be obligated to pay all principal, interest and any and all other amounts which become payable hereunder or under any of the other Loan Documents absolutely and unconditionally and without any abatement, postponement, diminution or deduction whatsoever and without any reduction for counterclaim or setoffsetoff whatsoever. In the event that If at any time any payment received by Lender Administrative Agent hereunder shall be deemed by a court of competent jurisdiction to have been a voidable preference or fraudulent conveyance under any bankruptcy, insolvency or other debtor relief lawDebtor Relief Law, then the obligation to make such payment shall survive any cancellation or satisfaction of this Note or return thereof to Borrower the Obligations under the Loan Documents and shall not be discharged or satisfied with any prior payment thereof or cancellation of this Notesuch Obligations, but shall remain a valid and binding obligation enforceable in accordance with the terms and provisions hereof, and such payment shall be immediately due and payable upon demand.
Appears in 2 contracts
Samples: Credit Agreement and Guaranty (Maxwell W Keith III), Credit Agreement and Guaranty (Via Renewables, Inc.)
Unconditional Payment. Borrower is and shall be obligated to pay principal, interest principal and any and all other amounts which become payable hereunder or under the other Loan Documents absolutely and unconditionally and without any abatement, postponement, diminution or deduction and without any reduction for counterclaim or setoff. In the event that at any time any payment received by Lender hereunder shall be deemed by a court of competent jurisdiction to have been a voidable preference or fraudulent conveyance under any bankruptcy, insolvency or other debtor relief law, then the obligation to make such payment shall survive any cancellation or satisfaction of this Note or return thereof to Borrower and shall not be discharged or satisfied with any prior payment thereof or cancellation of this Note, but shall remain a valid and binding obligation enforceable in accordance with the terms and provisions hereof, and such payment shall be immediately due and payable upon demand.
Appears in 2 contracts
Samples: Witness Systems Inc, Viewlocity Inc
Unconditional Payment. Borrower Maker is and shall be obligated to pay principal, interest and any and all other amounts which become payable hereunder or under the other Loan Documents absolutely and unconditionally and without any abatement, postponement, diminution or deduction and without any reduction for counterclaim or setoff. In the event that at any time any payment received by Lender Payee hereunder shall be deemed by a court of competent jurisdiction to have been a voidable preference or fraudulent conveyance under any bankruptcy, insolvency or other debtor relief law, then the obligation to make such payment shall survive any cancellation or satisfaction of this B Note or return thereof to Borrower Maker and shall not be discharged or satisfied with any prior payment thereof or cancellation of this B Note, but shall remain a valid and binding obligation enforceable in accordance with the terms and provisions hereof, and such payment shall be immediately due and payable upon demand.
Appears in 2 contracts
Samples: Capital Lease Funding Inc, Capital Lease Funding Inc
Unconditional Payment. Borrower is and shall be obligated to pay principal, interest and any and all other amounts which become became payable hereunder under the Note or under the other Loan Documents absolutely and unconditionally and without any abatement, postponement, diminution or deduction and without any reduction for counterclaim or setoff. In the event that at any time any payment received by Lender hereunder under the Documents shall be deemed by a court of competent jurisdiction to have been a voidable preference or fraudulent conveyance under any bankruptcy, insolvency or other debtor relief law, then the obligation to make such payment shall survive any cancellation or satisfaction of this the Note or return thereof to Borrower and shall not be discharged or satisfied with any prior payment thereof or cancellation of this the Note, but shall remain a valid and binding obligation enforceable in accordance with the terms and provisions hereof, and such payment shall be immediately due and payable upon demand.
Appears in 2 contracts
Samples: Loan Agreement (Behringer Harvard Opportunity REIT II, Inc.), Loan Agreement (Piedmont Office Realty Trust, Inc.)
Unconditional Payment. Borrower is and shall be obligated to pay --------------------- principal, interest and any and all other amounts which become payable hereunder or under the other Loan Documents absolutely and unconditionally and without any abatement, postponement, diminution or deduction and without any reduction for counterclaim or setoff. In the event that at any time any payment received by Lender hereunder shall be deemed by a court of competent jurisdiction to have been a voidable preference or fraudulent conveyance under any bankruptcy, insolvency or other debtor relief law, then the obligation to make such payment shall survive any cancellation or satisfaction of this Note or return thereof to Borrower and shall not be discharged or satisfied with any prior payment thereof or cancellation of this Note, but shall remain a valid and binding obligation enforceable in accordance with the terms and provisions hereof, and such payment shall be immediately due and payable upon demand.
Appears in 1 contract
Samples: Nei Webworld Inc
Unconditional Payment. Borrower is and shall be obligated to must pay all principal, interest and any and all other amounts which become payable hereunder under this Note or under any of the other Loan Documents absolutely and unconditionally and without any abatement, postponement, diminution or deduction whatsoever and without any reduction for counterclaim or setoffsetoff whatsoever. In the event that If at any time any payment received by Lender hereunder shall be deemed by a court of competent jurisdiction to have been a voidable preference or fraudulent conveyance under any bankruptcy, insolvency or other debtor relief lawDebtor Relief Law, then the obligation to make such payment shall survive any cancellation or satisfaction of this Note or return thereof to Borrower and shall not be discharged or satisfied with any prior payment thereof or cancellation of this Note, but shall remain a valid and binding obligation enforceable in accordance with the terms and provisions hereof, and such payment shall be immediately due and payable upon demand.
Appears in 1 contract
Samples: Global Geophysical Services Inc
Unconditional Payment. Borrower is and shall be obligated to pay all principal, interest and any and all other amounts which become Fourth Amendment to Credit Agreement payable hereunder or under any of the other Loan Documents absolutely and unconditionally and without any abatement, postponement, diminution or deduction whatsoever and without any reduction for counterclaim or setoffsetoff whatsoever. In the event that If at any time any payment received by Lender Administrative Agent hereunder shall be deemed by a court of competent jurisdiction to have been a voidable preference or fraudulent conveyance under any bankruptcy, insolvency or other debtor relief lawDebtor Relief Law, then the obligation to make such payment shall survive any cancellation or satisfaction of this Note or return thereof to Borrower the Obligations under the Loan Documents and shall not be discharged or satisfied with any prior payment thereof or cancellation of this Notesuch Obligations, but shall remain a valid and binding obligation enforceable in accordance with the terms and provisions hereof, and such payment shall be immediately due and payable upon demand.
Appears in 1 contract
Samples: Credit Agreement (Bgsf, Inc.)
Unconditional Payment. Borrower is and shall be obligated to pay principal, interest and any and all other amounts which become payable hereunder or under the other Loan Documents absolutely and unconditionally and without any abatement, postponement, diminution or deduction and without any reduction for counterclaim or setoffset off. In the event that at any time any payment received by Lender hereunder shall be deemed by a court of competent jurisdiction to have been a voidable preference or fraudulent conveyance under any bankruptcy, insolvency or other debtor relief law, then the obligation to make such payment shall survive any cancellation or satisfaction of this Note or return thereof to Borrower and shall not be discharged or satisfied with any prior payment thereof or cancellation of this Note, but shall remain a valid and binding obligation enforceable in accordance with the terms and provisions hereof, and such payment shall be immediately due and payable upon demand.
Appears in 1 contract
Samples: Promissory Note (Angeles Income Properties LTD Iii)
Unconditional Payment. Borrower is and shall be obligated --------------------- to pay principal, interest and any and all other amounts which become payable hereunder or under the other Loan Documents absolutely and unconditionally and without any abatement, postponement, diminution or deduction and without any reduction for counterclaim or setoff. In the event that at any time any payment received by Lender hereunder shall be deemed by a court of competent jurisdiction to have been a voidable preference or fraudulent conveyance under any bankruptcy, insolvency or other debtor relief law, then the obligation to make such payment shall survive any cancellation or satisfaction of this Note or return thereof to Borrower and shall not be discharged or satisfied with any prior payment thereof or cancellation of this Note, but shall remain a valid and binding obligation enforceable in accordance with the terms and provisions hereof, and such payment shall be immediately due and payable upon demand.
Appears in 1 contract
Samples: Nei Webworld Inc
Unconditional Payment. Borrower is and shall be obligated to pay all principal, interest and any and all other amounts which become payable hereunder or under any of the other Loan Documents absolutely and unconditionally and without any abatement, postponement, diminution or deduction whatsoever and without any reduction for counterclaim or setoffsetoff whatsoever. In the event that If at any time any payment received by either Agent or any Lender hereunder shall be deemed by a court of competent jurisdiction to have been a voidable preference or fraudulent conveyance under any bankruptcy, insolvency or other debtor relief lawDebtor Relief Law, then the obligation to make such payment shall survive any cancellation or satisfaction of this Note or return thereof to Borrower the Obligations under the Loan Documents and shall not be discharged or satisfied with any prior payment thereof or cancellation of this Notesuch Obligations, but shall remain a valid and binding obligation enforceable in accordance with the terms and provisions hereof, and such payment shall be immediately due and payable upon demand.
Appears in 1 contract
Unconditional Payment. Borrower is and shall be obligated to pay principal, interest and any and all other amounts which become payable hereunder or under the other Loan Documents absolutely and unconditionally and without any abatement, postponement, diminution or deduction and without any reduction for counterclaim or setoff. In the event that at any time any payment received by Lender hereunder shall be deemed by a court of competent jurisdiction to have been a voidable preference or fraudulent conveyance under any bankruptcy, insolvency or other debtor relief law, then the obligation to make such payment shall survive any cancellation or satisfaction of this Note or return thereof to Borrower and shall not be discharged or satisfied with any prior payment thereof or cancellation of this Note, but shall remain a valid and binding obligation enforceable in accordance with the terms and provisions hereofhereof (subject to the effects of general principles of equity), and such payment shall be immediately due and payable upon demand.
Appears in 1 contract
Samples: Promissory Note Clarification Agreement (Showboat Inc)
Unconditional Payment. The Borrower is and shall be obligated to pay all principal, interest and any and all other amounts which become payable hereunder or under any of the other Loan Documents absolutely and unconditionally and without any abatement, postponement, diminution or deduction whatsoever and without any reduction for counterclaim or setoffsetoff whatsoever. In the event that If at any time any payment received by Lender the Administrative Agent hereunder shall be deemed by a court of competent jurisdiction to have been a voidable preference or fraudulent conveyance under any bankruptcy, insolvency or other debtor relief lawDebtor Relief Law, then the obligation to make such payment shall survive any cancellation or satisfaction of this Note or return thereof to Borrower the Obligations under the Loan Documents and shall not be discharged or satisfied with any prior payment thereof or cancellation of this Notesuch Obligations, but shall remain a valid and binding obligation enforceable in accordance with the terms and provisions hereof, and such payment shall be immediately due and payable upon demand.
Appears in 1 contract
Unconditional Payment. Borrower is and shall be obligated to pay all principal, interest and any and all other amounts which become payable hereunder under this Note or under any of the other Loan Documents absolutely and unconditionally and without any abatement, postponement, diminution or deduction whatsoever and without any reduction for counterclaim or setoffsetoff whatsoever. In the event that If at any time any payment received by Lender hereunder shall be deemed by a court of competent jurisdiction to have been a voidable preference or fraudulent conveyance under any bankruptcy, insolvency or other debtor relief lawDebtor Relief Law, then the obligation to make such payment shall survive any cancellation or satisfaction of this Note or return thereof to Borrower and shall not be discharged or satisfied with any prior payment thereof or cancellation of this Note, but shall remain a valid and binding obligation enforceable in accordance with the terms and provisions hereof, hereof and such payment shall be immediately due and payable upon demand.
Appears in 1 contract
Samples: Sielox Inc
Unconditional Payment. Borrower Maker is and shall be obligated to pay principal, interest and any and all other amounts which become payable hereunder or under the other Loan Documents absolutely and unconditionally and without any abatement, postponement, diminution or deduction and without any reduction for counterclaim or setoff. In the event that at any time any payment received by Lender Payee hereunder shall be deemed by a court of competent jurisdiction to have been a voidable avoidable preference or fraudulent conveyance under any bankruptcy, insolvency or other debtor relief law, then the obligation to make such payment shall survive any cancellation or satisfaction of this Note or return thereof to Borrower Maker and shall not be discharged or satisfied with any prior payment thereof or cancellation of this Note, but shall remain a valid and binding obligation enforceable in accordance with the terms and provisions hereof, and such payment shall be immediately due and payable upon demand.
Appears in 1 contract
Unconditional Payment. Borrower is and shall be obligated to pay all principal, interest and any and all other amounts which become payable hereunder or under any of the other Loan Documents absolutely and unconditionally and without any abatement, postponement, diminution or deduction whatsoever and without any reduction for counterclaim or setoffsetoff whatsoever. In the event that If at any time any payment received by Lender hereunder shall be deemed by a court of competent jurisdiction to have been a voidable preference or fraudulent conveyance under any bankruptcy, insolvency or other debtor relief lawDebtor Relief Law, then the obligation to make such payment shall survive any cancellation or satisfaction of this Note or return thereof to Borrower the Obligations under the Loan Documents and shall not be discharged or satisfied with any prior payment thereof or cancellation of this Notesuch Obligations, but shall remain a valid and binding obligation enforceable in accordance with the terms and provisions hereof, and such payment shall be immediately due and payable upon demand.
Appears in 1 contract
Unconditional Payment. Borrower is and shall be obligated to pay principal, interest and any and all other amounts which become payable to Lender hereunder or under the other Loan Documents absolutely and unconditionally and without any abatement, postponement, diminution or deduction and without any reduction for counterclaim or setoff. In the event that at any time any payment received by Lender hereunder shall be deemed by a court of competent jurisdiction to have been a voidable preference or fraudulent conveyance under any bankruptcy, insolvency or other debtor relief law, then the obligation to make such payment shall survive any cancellation or satisfaction of this B Note or return thereof to Borrower and shall not be discharged or satisfied with any prior payment thereof or cancellation of this B Note, but shall remain a valid and binding obligation enforceable in accordance with the terms and provisions hereof, and such payment shall be immediately due and payable upon demand.
Appears in 1 contract
Unconditional Payment. Borrower The Company is and shall be obligated to pay principal, interest and any and all other amounts which become payable hereunder or under the any other Loan Documents Operative Agreement absolutely and unconditionally and without any abatement, postponement, diminution or deduction and without any reduction for counterclaim or setoff. In the event that at any time any payment received by Lender the Purchaser hereunder shall be deemed by a court of competent jurisdiction to have been a voidable preference or fraudulent conveyance under any bankruptcy, insolvency or other debtor relief law, then the obligation to make such payment shall survive any cancellation or satisfaction of this Note or return thereof to Borrower the Company and shall not be discharged or satisfied with any prior payment thereof or cancellation of this Note, but shall remain a valid and binding obligation enforceable in accordance with the terms and provisions hereof, and such payment shall be immediately due and payable upon demand. This Section 2.04 shall survive any cancellation or satisfaction of this Note or return of this Note to the Company.
Appears in 1 contract
Unconditional Payment. Borrower is and shall be obligated to pay principal, interest and any and all other amounts which become payable hereunder or under the other Other Loan Documents absolutely and unconditionally and without any abatement, postponement, diminution or deduction and without any reduction for counterclaim or setoff. In the event that at any time any payment received by Lender hereunder shall be deemed by a court of competent jurisdiction to have been a voidable avoidable preference or fraudulent conveyance under any bankruptcy, insolvency or other debtor relief law, then the obligation to make such payment shall survive any cancellation or satisfaction of this Note or return thereof to Borrower and shall not be discharged or satisfied with any prior payment thereof or cancellation of this Note, but shall remain a valid and binding obligation enforceable in accordance with the terms and provisions hereof, and such payment shall be immediately due and payable upon demand.
Appears in 1 contract
Samples: Promissory Note and Loan Agreement (Essex Corporation)
Unconditional Payment. Borrower is and shall be obligated to pay all principal, interest and any and all other amounts which that become payable hereunder or under any of the other Loan Documents absolutely and unconditionally and without any abatement, postponement, diminution or deduction whatsoever and without any reduction for counterclaim or setoffsetoff whatsoever. In the event that If at any time any payment received by Lender Administrative Agent hereunder shall be deemed by a court of competent jurisdiction to have been a voidable preference or fraudulent conveyance under any bankruptcy, insolvency or other debtor relief lawDebtor Relief Law, then the obligation to make such payment shall survive any cancellation or satisfaction of this Note or return thereof to Borrower the Obligations under the Loan Documents and shall not be discharged or satisfied with any prior payment thereof or cancellation of this Notesuch Obligations, but shall remain a valid and binding obligation enforceable in accordance with the terms and provisions hereofof this Agreement, and such payment shall be immediately due and payable upon demand.
Appears in 1 contract
Samples: Credit Agreement (Guild Holdings Co)
Unconditional Payment. Borrower Subject to clauses (c) and (d) of Section 2.1, Maker is and shall be obligated to pay all principal, interest and any and all other amounts which become payable hereunder or under the other Loan Documents this Note absolutely and unconditionally and without any abatement, postponement, diminution or deduction whatsoever and without any reduction for counterclaim or setoffsetoff whatsoever. In the event that If at any time any payment received by Lender Payee hereunder shall be deemed by a court of competent jurisdiction to have been a voidable preference or fraudulent conveyance under any bankruptcy, insolvency or other debtor relief lawDebtor Relief Law, then the obligation to make such payment shall survive any cancellation or satisfaction of this Note or return thereof to Borrower Maker and shall not be discharged or satisfied with any prior payment thereof or cancellation of this Note, but shall remain a valid and binding obligation enforceable in accordance with the terms and provisions hereof, and such payment shall be immediately due and payable upon demand.
Appears in 1 contract
Samples: Asset Purchase Agreement (Global Geophysical Services Inc)
Unconditional Payment. Borrower is and shall be obligated to pay all principal, interest and any and all other amounts which become payable hereunder under this Note or under any of the other Loan Documents absolutely and unconditionally and without any abatement, postponement, diminution or deduction whatsoever and without any reduction for counterclaim or setoffsetoff whatsoever. In the event that If at any time any payment received by Lender hereunder shall be deemed by a court of competent jurisdiction to have been a voidable preference or fraudulent conveyance under any bankruptcy, insolvency Debtor Relief Law or other debtor relief lawapplicable laws, then the obligation to make such payment shall survive any cancellation or satisfaction of this Note or return thereof to Borrower and shall not be discharged or satisfied with any prior payment thereof or cancellation of this Note, but shall remain a valid and binding obligation enforceable in accordance with the terms and provisions hereof, and such payment shall be immediately due and payable immediately upon demand.
Appears in 1 contract
Samples: Tejas Inc