Common use of Invalidity of Subordination Provisions Clause in Contracts

Invalidity of Subordination Provisions. The subordination provisions of any agreement or instrument governing any Subordinated Debt is for any reason revoked or invalidated, or otherwise cease to be in full force and effect, any Person contests in any manner the validity or enforceability thereof or denies that it has any further liability or obligation thereunder, or the Indebtedness hereunder is for any reason subordinated or does not have the priority contemplated by this Agreement or such subordination provisions; or

Appears in 10 contracts

Samples: Credit Agreement (Idex Corp /De/), Credit Agreement, Assignment and Assumption (Idex Corp /De/)

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Invalidity of Subordination Provisions. The subordination provisions of any agreement agreement, instrument or instrument other documents evidencing, guaranteeing or otherwise governing subordinated notes evidencing any Subordinated Debt Permitted Additional Indebtedness or any Permitted Refinancing Indebtedness therefor is for any reason revoked or invalidated, or otherwise cease ceases to be in full force and effect, any Person contests in any manner the validity or enforceability thereof or denies that it has any further liability or obligation thereunder, or the Indebtedness Loans and the other Obligations hereunder entitled to receive the benefits of any Loan Document is for any reason subordinated or does not have the priority contemplated by this Agreement or such subordination provisions; or

Appears in 7 contracts

Samples: Credit Agreement (Greif, Inc), Credit Agreement (Greif Inc), Credit Agreement (Greif Inc)

Invalidity of Subordination Provisions. The subordination provisions of either Intercreditor Agreement or any agreement or instrument governing any Subordinated Debt is Indebtedness shall for any reason be revoked or invalidated, or otherwise cease to be in full force and effect, or any Person contests shall contest in any manner the validity or enforceability thereof or denies deny that it has any further liability or obligation thereunder, or the Indebtedness hereunder is ABL Credit Obligations, for any reason subordinated or does shall not have the priority contemplated by this Agreement Agreement, the Intercreditor Agreements or such subordination provisions; or.

Appears in 7 contracts

Samples: Abl Credit Agreement (Steinway Musical Instruments Holdings, Inc.), Abl Credit Agreement (Steinway Musical Instruments Holdings, Inc.), Abl Credit Agreement (Steinway Musical Instruments Holdings, Inc.)

Invalidity of Subordination Provisions. The subordination provisions of any agreement or instrument governing any Subordinated Debt is Indebtedness required to be subordinated to the Obligations pursuant to the terms hereof shall for any reason be revoked or invalidated, or otherwise cease to be in full force and effect, or any Person contests Loan Party shall contest in any manner the validity or enforceability thereof or denies deny that it has any further liability or obligation thereunder, or the Indebtedness hereunder is Obligations, for any reason subordinated or does shall not have the priority contemplated by this Loan Agreement or such subordination provisions; or.

Appears in 6 contracts

Samples: Loan Agreement (Mimedx Group, Inc.), Loan Agreement (Mimedx Group, Inc.), Loan Agreement (Mimedx Group, Inc.)

Invalidity of Subordination Provisions. The lien subordination provisions of the Intercreditor Agreement or the subordination provisions of any agreement or instrument governing any Subordinated Debt is Indebtedness shall for any reason be revoked or invalidated, or otherwise cease to be in full force and effect, or any Person contests Credit Parties shall contest in any manner the validity or enforceability thereof or denies deny that it has any further liability or obligation thereunder, or the Indebtedness hereunder is Obligations, for any reason subordinated or does shall not have the priority contemplated by this Agreement or such subordination provisions; or.

Appears in 5 contracts

Samples: Credit Agreement (Thermon Holding Corp.), Credit Agreement (Thermon Holding Corp.), Non Competition Agreement (Thermon Holding Corp.)

Invalidity of Subordination Provisions. The subordination provisions of any agreement or instrument governing any applicable to the Permitted Subordinated Debt is shall be for any reason revoked or invalidated, or otherwise cease to be in full force and effect, or the holders thereof or any other Person contests shall contest in any manner the validity or enforceability thereof or denies that it has any further liability or obligation thereunder, or the Indebtedness hereunder is for any reason subordinated or does not have the priority contemplated by this Agreement or such subordination provisions; or.

Appears in 4 contracts

Samples: Credit Agreement (Building Materials Holding Corp), Credit Agreement (Building Materials Holding Corp), Credit Agreement (Building Materials Holding Corp)

Invalidity of Subordination Provisions. The subordination provisions of any agreement or instrument governing any Subordinated Debt is shall for any reason be revoked or invalidated, or otherwise cease to be in full force and effect, or any Person contests Loan Party shall contest in any manner the validity or enforceability thereof or denies deny that it has any further liability or obligation thereunder, or the Indebtedness hereunder is Obligations for any reason subordinated or does shall not have the priority contemplated by this Credit Agreement or such subordination provisions; or.

Appears in 4 contracts

Samples: Credit Agreement (Mynaric AG), Credit Agreement (Ooma Inc), Credit Agreement (Mynaric AG)

Invalidity of Subordination Provisions. The subordination provisions of any agreement or instrument governing any Subordinated Debt is shall for any reason be revoked or invalidated, or otherwise cease to be in full force and effecteffect (other than in accordance with their terms), or any Person contests Loan Party shall contest in any manner writing the validity or enforceability thereof or denies wrongfully deny that it has any further liability or obligation thereunder, or the Indebtedness hereunder is for any reason subordinated or does Secured Obligations shall not have the priority contemplated by this Agreement or such subordination provisions; or.

Appears in 3 contracts

Samples: Credit Agreement (Steven Madden, Ltd.), Credit Agreement (Steven Madden, Ltd.), Credit Agreement (Steven Madden, Ltd.)

Invalidity of Subordination Provisions. The subordination provisions of any agreement or instrument governing any Subordinated Debt is Indebtedness shall for any reason be revoked or invalidated, or otherwise cease to be in full force and effect, or any Person contests shall contest in any manner the validity or enforceability thereof or denies deny that it has any further liability or obligation thereunder, or the Indebtedness hereunder is Obligations, for any reason subordinated or does shall not have the priority contemplated by this Agreement or such subordination provisions; or;

Appears in 3 contracts

Samples: Credit Agreement (Jakks Pacific Inc), Loan and Security Agreement (Sigmatron International Inc), Term Loan Agreement (Jakks Pacific Inc)

Invalidity of Subordination Provisions. The subordination provisions of the Senior Subordinated Debt Documents or any agreement or instrument governing any Subordinated Debt is other subordinated debt with an outstanding principal amount of $5,000,000 or more are for any reason revoked or invalidated, or otherwise cease to be in full force and effect, any Person contests in any manner the validity or enforceability thereof or denies that it has any further liability or obligation thereunderthereof, or the Indebtedness hereunder is for any reason subordinated or does not have the priority contemplated by this Agreement or such subordination provisions; or

Appears in 3 contracts

Samples: Credit Agreement (Oshkosh Truck Corp), Credit Agreement (Oshkosh Truck Corp), Credit Agreement (Oshkosh Truck Corp)

Invalidity of Subordination Provisions. The subordination provisions of any Subordination Agreement or any other agreement or instrument governing any Subordinated Debt is Indebtedness shall for any reason be revoked or invalidated, or otherwise cease to be in full force and effect, or any Person contests shall contest in any manner the validity or enforceability thereof or denies deny that it has any further liability or obligation thereunder, or the Indebtedness hereunder is Obligations, for any reason subordinated or does shall not have the priority contemplated by this Agreement or such subordination provisions; or;

Appears in 3 contracts

Samples: Credit Agreement (Radioshack Corp), Credit Agreement (Radioshack Corp), Credit Agreement (Radioshack Corp)

Invalidity of Subordination Provisions. The Any subordination provisions of provision in any agreement document or instrument governing Debt that is intended to be subordinated to the Obligations or any Subordinated Debt is for subordination provision in any reason revoked or invalidatedsubordination agreement (including, without limitation, the Subordination Agreement) that relates to any such Debt, or otherwise any subordination provision in any guaranty by any Loan Party of any such Debt, shall cease to be in full force and effect, or any Person contests (including the holder of any applicable Debt) shall contest in any manner the validity validity, binding nature or enforceability thereof or denies that it has of any further liability or obligation thereunder, or the Indebtedness hereunder is for any reason subordinated or does not have the priority contemplated by this Agreement or such subordination provisions; orprovision.

Appears in 3 contracts

Samples: Credit Agreement (Baudax Bio, Inc.), Credit Agreement (Workhorse Group Inc.), Credit Agreement (Adma Biologics, Inc.)

Invalidity of Subordination Provisions. The subordination provisions of the Subordination Agreement or any agreement or instrument governing any Subordinated Debt is Indebtedness shall for any reason be revoked or invalidated, or otherwise cease to be in full force and effect, or any Person contests shall contest in any manner the validity or enforceability thereof or denies deny that it has any further liability or obligation thereunder, or the Indebtedness hereunder is Obligations, for any reason subordinated or does shall not have the priority contemplated by this Agreement or such subordination provisions; or;

Appears in 3 contracts

Samples: Credit Agreement (Talbots Inc), Term Loan Agreement (Talbots Inc), Credit Agreement (Talbots Inc)

Invalidity of Subordination Provisions. The subordination -------------------------------------- provisions of any agreement or instrument governing any Subordinated Debt is for any reason revoked or invalidated, or otherwise cease ceases to be in full force and effect, any Person contests in any manner the validity or enforceability thereof or denies that it has any further liability or obligation thereunder, or the Indebtedness hereunder is for any reason subordinated or does not have the priority contemplated by this Agreement or such subordination provisions; or

Appears in 2 contracts

Samples: Pledge Agreement (Cb Richard Ellis Services Inc), Pledge Agreement (Cb Commercial Real Estate Services Group Inc)

Invalidity of Subordination Provisions. The subordination provisions of any agreement or instrument governing any Subordinated Debt subordinated debt is for any reason revoked or invalidated, or otherwise cease to be in full force and effect, or any Person contests in any manner the validity or enforceability thereof or denies that it has any further liability or obligation thereunder, or the Indebtedness hereunder is for any reason subordinated or does not have the priority contemplated by this Agreement or such subordination provisions; or.

Appears in 2 contracts

Samples: Credit Agreement (Dreyers Grand Ice Cream Inc), Assignment and Acceptance Agreement (Dreyers Grand Ice Cream Inc)

Invalidity of Subordination Provisions. The subordination provisions of the Subordination Agreement or any other agreement or instrument governing any Subordinated Debt is Indebtedness shall for any reason be revoked or invalidated, or otherwise cease to be in full force and effect, or any Person contests shall contest in any manner the validity or enforceability thereof or denies deny that it has any further liability or obligation thereunder, or the Indebtedness hereunder is Obligations for any reason subordinated or does shall not have the priority contemplated by this Agreement or such subordination provisions; or

Appears in 2 contracts

Samples: Credit Agreement (Panther Expedited Services, Inc.), Credit Agreement (Panther Expedited Services, Inc.)

Invalidity of Subordination Provisions. The subordination provisions of any agreement or instrument governing any Subordinated Debt is for any reason revoked or invalidated, or otherwise cease to be in full force and effect, any Person contests in any manner the validity or enforceability thereof or denies that it has any further liability or obligation thereunder, or the Indebtedness hereunder is for any reason subordinated or does not have the priority contemplated by this Agreement or such subordination provisions; or.

Appears in 2 contracts

Samples: Credit Agreement, Assignment and Assumption Agreement (Idex Corp /De/)

Invalidity of Subordination Provisions. The subordination provisions of any agreement or instrument governing any Subordinated Debt Indebtedness which is subordinated to the Indebtedness hereunder is for any reason revoked revoked, invalidated or invalidatedotherwise breached by the Company or any Subsidiary, or otherwise cease ceases to be in full force and effecteffect as a result of any act or omission of the Company or any Subsidiary, or the Company or any Person Subsidiary otherwise contests in any manner the validity or enforceability thereof or denies that it has any further liability or obligation thereunder, or the Indebtedness hereunder is for any reason subordinated or does not have the priority contemplated by this Agreement or such subordination provisions; or.

Appears in 2 contracts

Samples: Bridge Loan Agreement (Mentor Graphics Corp), Bridge Loan Agreement (Innoveda Inc)

Invalidity of Subordination Provisions. The subordination provisions of any agreement or instrument governing any Subordinated Debt is Indebtedness shall for any reason be revoked or invalidated, or otherwise cease to be in full force and effect, or any Person contests shall contest in any manner the validity or enforceability thereof or denies deny that it has any further liability or obligation thereunder, or the Indebtedness hereunder is Obligations, for any reason subordinated or does shall not have the priority contemplated by this Agreement or such subordination provisions; or

Appears in 2 contracts

Samples: Credit Agreement (Nobilis Health Corp.), Credit Agreement (WII Components, Inc.)

Invalidity of Subordination Provisions. The subordination provisions of any agreement or instrument governing any Subordinated the Convertible Debt is for any reason revoked or invalidated, or otherwise cease to be in full force and effect, or any Person contests in any manner (with a reasonable likelihood of success) the validity or enforceability thereof or denies that it has any further liability or obligation thereunder, or the Indebtedness hereunder is for any reason subordinated or does not have the priority contemplated by this Agreement or such subordination provisions; or.

Appears in 2 contracts

Samples: Credit Agreement (Sierra Health Services Inc), Credit Agreement (Sierra Health Services Inc)

Invalidity of Subordination Provisions. The subordination provisions of the Indenture or any agreement or instrument governing any other Subordinated Debt is for any reason revoked or invalidated, or otherwise cease to be in full force and effect, any Person contests in any manner the validity or enforceability thereof or denies that it has any further liability or obligation thereunder, or the Indebtedness hereunder is for any reason subordinated or does not have the priority contemplated by this Agreement or such subordination provisions; or.

Appears in 2 contracts

Samples: Credit Agreement (Specialty Equipment Companies Inc), Credit Agreement (Specialty Equipment Companies Inc)

Invalidity of Subordination Provisions. The subordination provisions of the Subordination Agreement or any agreement or instrument governing any Subordinated Debt is Indebtedness shall for any reason be revoked or invalidated, or otherwise cease to be in full force and effect, or any Person contests shall contest in any manner the validity or enforceability thereof or denies deny that it has any further liability or obligation thereunder, or the Indebtedness hereunder is Obligations, for any reason subordinated or does shall not have the priority contemplated by this Agreement or such subordination provisions; or.

Appears in 2 contracts

Samples: Credit Agreement (Akorn Inc), Credit Agreement (Akorn Inc)

Invalidity of Subordination Provisions. The subordination provisions of any Subordination Agreement or any other agreement or instrument governing any Subordinated Debt is subordinated obligations shall for any reason be revoked or invalidated, or otherwise cease to be in full force and effect, or any Person contests shall contest in any manner the validity or enforceability thereof or denies deny that it has any further liability or obligation thereunder, or the Indebtedness hereunder is Obligations, for any reason subordinated or does shall not have the priority contemplated by this Agreement or such subordination provisions; or

Appears in 2 contracts

Samples: Loan Agreement (Orion Group Holdings Inc), Loan and Security Agreement (Alliance Entertainment Holding Corp)

Invalidity of Subordination Provisions. The subordination provisions of any agreement or instrument governing any Subordinated Debt subordinated indebtedness is for any reason revoked or invalidated, or otherwise cease to be in full force and effect, or any Person contests in any manner the validity or enforceability thereof or denies that it has any further liability or obligation thereunder, or the Indebtedness hereunder is for any reason subordinated or does not have the priority contemplated by this Agreement or such subordination provisions; or.

Appears in 2 contracts

Samples: Credit Agreement (Vans Inc), Credit Agreement (Vans Inc)

Invalidity of Subordination Provisions. The subordination provisions of applicable to any Subordinated Debt or any agreement or instrument governing any Subordinated Debt or the foregoing is for any reason revoked or invalidated, or otherwise cease to be in full force and effect, any Person contests in any manner the validity or enforceability thereof or denies that it has any further liability or obligation thereunder, or the Indebtedness hereunder is for any reason subordinated or does not have the priority contemplated by this Agreement or such subordination provisions; or

Appears in 1 contract

Samples: Credit Agreement (Eps Solutions Corp)

Invalidity of Subordination Provisions. The subordination provisions of any agreement or instrument governing any Subordinated Debt is for any reason revoked or invalidated, or otherwise cease to be in full force and effect, or the Company, any of its Subsidiaries or any other Person contests in any manner the validity or enforceability thereof or denies that it has any further liability or obligation thereunder, or the Indebtedness hereunder is for any reason subordinated or does not have the priority contemplated by this Agreement or the Subordination Agreement, the Subordinated Debt or such subordination provisions.; or

Appears in 1 contract

Samples: Credit Agreement (Stone & Webster Inc)

Invalidity of Subordination Provisions. The subordination provisions of any agreement or instrument governing any Subordinated Debt in an aggregate principal amount in excess of $750,000 is for any reason revoked or invalidated, or otherwise cease to be in full force and effect, any Person contests in any manner the validity or enforceability thereof or denies that it has any further ftirther liability or obligation thereunder, or the Indebtedness hereunder is for any reason subordinated or does does' not have the priority contemplated by this Agreement or such subordination provisions; or

Appears in 1 contract

Samples: Credit Agreement (Western Multiplex Corp)

Invalidity of Subordination Provisions. The subordination provisions of any agreement or instrument governing any applicable to the Subordinated Debt is shall be for any reason revoked or invalidated, or otherwise cease to be in full force and effect, or the holders thereof or any other Person contests shall contest in any manner the validity or enforceability thereof or denies that it has any further liability or obligation thereunder, or the Indebtedness hereunder is for any reason subordinated or does not have the priority contemplated by this Agreement or such subordination provisions; or.

Appears in 1 contract

Samples: Credit Agreement (Building Materials Holding Corp)

Invalidity of Subordination Provisions. The Any subordination provisions of provision in any agreement document or instrument governing any Subordinated Debt is for any reason revoked or invalidatedDebt, or otherwise shall cease to be in full force and effecteffect (other than pursuant to the terms thereof or solely as a result of action taken by the Administrative Agent or the Required Lenders), or any Person contests Loan Party shall contest in any manner the validity validity, binding nature or enforceability thereof or denies that it has of any further liability or obligation thereunder, or the Indebtedness hereunder is for any reason subordinated or does not have the priority contemplated by this Agreement or such subordination provisions; orprovision. 118

Appears in 1 contract

Samples: Assignment and Assumption (SP Plus Corp)

Invalidity of Subordination Provisions. The subordination provisions of any agreement or instrument governing any Subordinated Debt is for any reason revoked or invalidated, or otherwise cease ceases to be in full force and effect, any Person contests in any manner the validity or enforceability thereof or denies that it has any further liability or obligation thereunder, or the Indebtedness hereunder is for any reason subordinated or does not have the priority contemplated by this Agreement or such subordination provisions; or

Appears in 1 contract

Samples: Credit Agreement (Cb Richard Ellis Services Inc)

Invalidity of Subordination Provisions. (i) The subordination provisions of any agreement or instrument governing any Subordinated Debt is shall for any reason revoked or invalidatedbe revoked, or otherwise cease to be in full force and effect, (ii) any Person contests holding Subordinated Debt having an aggregate principal amount of more than $100,000 shall contest in any manner the validity or enforceability thereof or denies deny that it has any further liability or obligation thereunder, or (iii) the Indebtedness hereunder is for any reason subordinated or does shall not have the priority contemplated by this Agreement or such subordination provisions; or

Appears in 1 contract

Samples: Loan Agreement (Integrated Security Systems Inc)

Invalidity of Subordination Provisions. The subordination provisions of any Any agreement or instrument governing any Subordinated Debt is for any reason revoked or invalidated, or otherwise cease to be in full force and effect, any Person contests in any manner the validity or enforceability thereof or denies that it has any further liability or obligation thereunder, or the Indebtedness hereunder is for any reason subordinated or does not have the priority contemplated by this Agreement or such subordination provisions; orAgreement.

Appears in 1 contract

Samples: Multicurrency Credit Agreement (C P Clare Corp)

Invalidity of Subordination Provisions. The subordination provisions of any agreement or instrument governing any Subordinated Debt is for any reason revoked or invalidated, or otherwise cease to be in full force and effect, any Person contests in any manner the validity or enforceability thereof or denies that it has any further liability or obligation thereunder, or the Indebtedness Loans and the other Obligations hereunder entitled to receive the benefits of any Loan Document is for any reason subordinated or does not have the priority contemplated by this Agreement or such subordination provisions; or.

Appears in 1 contract

Samples: Credit Agreement (Abc Rail Products Corp)

Invalidity of Subordination Provisions. The subordination provisions of any agreement or instrument governing any Subordinated Debt is for any reason revoked or invalidated, or otherwise cease to be in full force and effect, any Person contests in any manner the validity or enforceability thereof or denies that it has any further liability or obligation thereunder, or the Indebtedness hereunder is for any reason subordinated or does not have the priority contemplated by this Agreement or such subordination provisions; or."

Appears in 1 contract

Samples: Credit Agreement (Idex Corp /De/)

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Invalidity of Subordination Provisions. The -------------------------------------- subordination provisions of any agreement or instrument governing any Subordinated Debt having a principal amount in excess of $1,000,000 is for any reason revoked or invalidated, or otherwise cease to be in full force and effect, any Person contests in any manner the validity or enforceability thereof or denies that it has any further liability or obligation thereunder, or the Indebtedness hereunder is for any reason subordinated or does not have the priority contemplated by this Agreement or such subordination provisions; or

Appears in 1 contract

Samples: Credit Agreement (Mail Well Inc)

Invalidity of Subordination Provisions. The subordination provisions of the Subordinated Notes or any agreement or instrument governing any Subordinated Debt other subordinated debt is for any reason revoked or invalidated, or otherwise cease to be in full force and effect, any Person contests in any manner the validity or enforceability thereof or denies that it has any further liability or obligation thereunder, or the Indebtedness hereunder is for any reason subordinated or does not have the priority contemplated by this Agreement or such subordination provisions; or.

Appears in 1 contract

Samples: Credit Agreement (Williams Sonoma Inc)

Invalidity of Subordination Provisions. The Any of the subordination provisions of any agreement Subordination Agreement or instrument governing provisions with respect to any Subordinated Debt is Debt, for any reason revoked reason, other than the payment in full of such Subordinated Debt, as permitted hereunder or invalidatedthe Termination Date or a partial or full release in accordance with the terms thereof, or otherwise cease ceases to be in full force and effect, any Person contests in any manner the validity or enforceability thereof of which is challenged or denies that it has declared in writing by any further liability Credit Party, Parent or obligation thereunder, or the Indebtedness hereunder is for any reason subordinated or does not have the priority contemplated by this Agreement or such subordination provisions; orof their respective Affiliates to be null and void.

Appears in 1 contract

Samples: Credit Agreement (Green Plains Inc.)

Invalidity of Subordination Provisions. The subordination provisions of any agreement or instrument governing any Subordinated Debt subordinated debt is for any reason revoked or invalidated, or otherwise cease ceases to be in full force and effect, any Person contests in any manner the validity or enforceability thereof or denies that it has any further liability or obligation thereunder, or the Indebtedness Loans and the other Obligations hereunder entitled to receive the benefits of any Loan Document is for any reason subordinated or does not have the priority contemplated by this Agreement or such subordination provisions; or

Appears in 1 contract

Samples: Credit Agreement (Veritas DGC Inc)

Invalidity of Subordination Provisions. The subordination provisions of any agreement or instrument governing any Subordinated Debt is for any reason revoked or invalidated, or otherwise cease to be in full force and effect, any Person contests the Borrower, its shareholders, or their Affiliates contest in any manner the validity or enforceability thereof or denies that it has any further liability or obligation thereunder, or the Indebtedness hereunder is for any reason subordinated or does not have the priority contemplated by this Agreement or such subordination provisions; or

Appears in 1 contract

Samples: Credit Agreement (Amazon Com Inc)

Invalidity of Subordination Provisions. The subordination -------------------------------------- provisions of any agreement or instrument governing any Subordinated Debt is for any reason revoked or invalidated, or otherwise cease ceases to be in full force and effect, effect or enforceable or any Person contests in any manner the validity noteholder or enforceability thereof or trustee with respect thereto denies that it has any further liability or obligation thereunder, or the Indebtedness Loans and the other Obligations hereunder is entitled to receive the benefits of any Loan Document are for any reason subordinated or does do not have the priority contemplated by this Agreement or such subordination provisions; or

Appears in 1 contract

Samples: Credit Agreement (Impac Group Inc /De/)

Invalidity of Subordination Provisions. The subordination provisions of any agreement or instrument governing any Subordinated Debt is subordinated debt shall for any reason be revoked or invalidated, or otherwise cease to be in full force and effect, or any Person contests shall contest in any manner the validity or enforceability thereof or denies deny that it has any further liability or obligation thereunder, or the Indebtedness hereunder is shall for any reason be subordinated or does shall not have the priority contemplated by this Agreement or such subordination provisions; or

Appears in 1 contract

Samples: Credit Agreement (Western Staff Services Inc)

Invalidity of Subordination Provisions. The subordination provisions of any agreement or instrument governing any Subordinated Debt is for any reason revoked or invalidated, or otherwise cease to be in full force and effect, any Person contests in any manner the validity or enforceability thereof or denies that it has any further liability or obligation thereunder, or the Indebtedness Loans and the other Obligations hereunder entitled to receive the benefits of any Loan Document is for any reason subordinated or does not have the priority contemplated by this Agreement or such subordination provisions; or

Appears in 1 contract

Samples: Credit Agreement (Abc Naco Inc)

Invalidity of Subordination Provisions. The subordination provisions of any Subordination Agreement or any other agreement or instrument governing any Subordinated Debt is Indebtedness shall for any reason be revoked or invalidated, or otherwise cease to be in full force and effect, or any Person contests shall contest in any manner the validity or enforceability thereof or denies deny that it has any further liability or obligation thereunder, or the Indebtedness hereunder is Obligations, for any reason subordinated or does shall not have the priority contemplated by this Agreement or such subordination provisions; or

Appears in 1 contract

Samples: Credit Agreement (Landec Corp \Ca\)

Invalidity of Subordination Provisions. The subordination provisions of any agreement or instrument governing any Subordinated Debt is Indebtedness required to be subordinated to the Obligations pursuant to the terms hereof shall for any reason be revoked or invalidated, or otherwise cease to be in full force and effect, or any Loan Party or any Affiliate of any Loan Party shall contest (or support any other Person contests contesting) in any manner the validity or enforceability thereof or denies deny that it has any further liability or obligation thereunder, or the Indebtedness hereunder is Obligations, for any reason subordinated or does shall not have the priority contemplated by this Loan Agreement or such subordination provisions; or.

Appears in 1 contract

Samples: Loan Agreement (Capital Park Holdings Corp.)

Invalidity of Subordination Provisions. The subordination provisions of any agreement or instrument governing any Subordinated Debt is for any reason revoked or invalidated, or otherwise cease to be in full force and effect, any Person contests in any manner the validity or enforceability thereof or denies that it has any further liability or obligation thereunder, or the Indebtedness hereunder is for any reason subordinated or does not have the priority contemplated by this Agreement or such subordination provisions; or

Appears in 1 contract

Samples: Credit Agreement (Waterlink Inc)

Invalidity of Subordination Provisions. The subordination provisions of the convertible subordinated notes issued by the Company on March 31, 1996 or any agreement or instrument governing any Subordinated Debt other subordinated debt is for any reason revoked or invalidated, or otherwise cease to be in full force and effect, any Person contests in any manner the validity or enforceability thereof or denies that it has any further liability or obligation thereunder, or the Indebtedness hereunder is for any reason subordinated or does not have the priority contemplated by this Agreement or such subordination provisions; or.

Appears in 1 contract

Samples: Credit Agreement (Cypress Semiconductor Corp /De/)

Invalidity of Subordination Provisions. The subordination provisions of any -------------------------------------- agreement or instrument governing any Subordinated Debt is shall for any reason be revoked or invalidated, or otherwise cease to be in full force and effect, any Person contests shall contest in any manner the validity or enforceability thereof or denies deny that it has any further liability or obligation thereunder, or the Indebtedness hereunder is shall for any reason be subordinated or does shall not have the priority contemplated by this Agreement or such subordination provisions; or.

Appears in 1 contract

Samples: Credit Agreement (Nationwide Health Properties Inc)

Invalidity of Subordination Provisions. 128 The subordination provisions of any agreement or instrument governing any Subordinated Debt is for any reason revoked or invalidated, or otherwise cease ceases to be in full force and effect, effect or enforceable or any Person contests in any manner the validity noteholder or enforceability thereof or trustee with respect thereto denies that it has any further liability or obligation thereunder, or the Indebtedness Loans and the other Obligations hereunder is entitled to receive the benefits of any Loan Document are for any reason subordinated or does do not have the priority contemplated by this Agreement or such subordination provisions; or;

Appears in 1 contract

Samples: Multicurrency Credit Agreement (Kf-Delaware Inc)

Invalidity of Subordination Provisions. The subordination provisions of any agreement or instrument governing any Subordinated Indebtedness, Permitted Seller Debt is or Permitted Subordinated Earn-Outs shall for any reason be revoked or invalidated, or otherwise cease to be in full force and effect, or any Person contests shall contest in any manner the validity or enforceability thereof or denies deny that it has any further liability or obligation thereunder, or the Indebtedness hereunder is Obligations, for any reason subordinated or does shall not have the priority contemplated by this Agreement or such subordination provisions; or.

Appears in 1 contract

Samples: Credit Agreement (Eplus Inc)

Invalidity of Subordination Provisions. The subordination provisions of the Subordinated Debt Indenture or of any other agreement or instrument governing any Subordinated Debt is for any reason revoked or invalidated, or otherwise cease to be in full force and effect, any Person contests in any manner the validity or enforceability thereof or denies that it has any further liability or obligation thereunder, or the Indebtedness Loans and the other Obligations hereunder entitled to receive the benefits of any Loan Document is for any reason subordinated or does not have the priority contemplated by this Agreement or such subordination provisions; or.

Appears in 1 contract

Samples: Credit Agreement (Abc Naco Inc)

Invalidity of Subordination Provisions. The subordination provisions of any agreement or instrument governing any Subordinated Debt is are for any reason revoked or invalidated, or otherwise cease to be in full force and effect, any Person contests in any manner the validity or enforceability thereof or denies that it has any further liability or obligation thereunder, or the Indebtedness hereunder is for any reason subordinated or does not have the priority contemplated by this Agreement or such subordination provisions; or.

Appears in 1 contract

Samples: Credit Agreement (Landrys Seafood Restaurants Inc)

Invalidity of Subordination Provisions. The subordination provisions of any agreement or instrument governing any Subordinated Debt is Indebtedness shall for any reason be revoked or invalidated, or otherwise cease to be in full force and effect, or any Person contests shall contest in any manner the validity or enforceability thereof or denies deny that it has any further liability or obligation thereunder, or the Indebtedness hereunder is Obligations, for any reason subordinated or does shall not have the priority contemplated by this Agreement or such subordination provisions; or”

Appears in 1 contract

Samples: Credit Agreement (Nobilis Health Corp.)

Invalidity of Subordination Provisions. The subordination -------------------------------------- provisions of any agreement or instrument governing any Permitted Subordinated Debt Indebtedness is for any reason revoked or invalidated, or otherwise cease to be in full force and effect, or any Person contests in any manner the validity or enforceability thereof or denies that it has any further liability or obligation thereunder, or the Indebtedness hereunder is for any reason subordinated or does not have the priority contemplated by this Agreement or such subordination provisions; or

Appears in 1 contract

Samples: Credit Agreement (Globalcenter Inc)

Invalidity of Subordination Provisions. (i) The subordination provisions of any agreement or instrument governing any Subordinated Debt is shall for any reason revoked or invalidatedbe revoked, or otherwise cease to be in full force and effect, (ii) any Person contests holding Subordinated Debt having an aggregate principal amount of more than $10,000 shall contest in any manner the validity or enforceability thereof or denies deny that it has any further liability or obligation thereunder, or (iii) the Indebtedness hereunder is for any reason subordinated or does (other than pursuant to an act of Lender) shall not have the priority contemplated by this Agreement or such any applicable subordination provisions; or

Appears in 1 contract

Samples: Loan Agreement (Bleach Group, Inc.)

Invalidity of Subordination Provisions. The subordination provisions of any agreement or instrument governing any Subordinated Debt Indebtedness is for any reason revoked or invalidated, or otherwise cease to be in full force and effect, or any Person contests in any manner the validity or enforceability thereof or denies that it has any further liability or obligation thereunder, or the Indebtedness hereunder is for any reason subordinated or does not have the priority contemplated by this Agreement or such subordination provisions; or

Appears in 1 contract

Samples: Credit Agreement (White Cap Holdings Inc)

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