Invalidity of Subordination Provisions. Any subordination provision in any document or instrument governing Indebtedness that is purported to be subordinated to the Obligations or any subordination provision in any subordination agreement that relates to any Indebtedness that is to be subordinated to the Obligations, or any subordination provision in any guaranty by any Loan Party of any such Indebtedness, shall cease to be in full force and effect, or any Person (including the holder of any such Indebtedness) shall contest in any manner the validity, binding nature or enforceability of any such provision; or
Appears in 19 contracts
Samples: Credit Agreement (Greenbrook TMS Inc.), Credit Agreement (Greenbrook TMS Inc.), Credit Agreement (Societal CDMO, Inc.)
Invalidity of Subordination Provisions. Any The subordination provision in provisions of any document agreement or instrument governing any Subordinated Indebtedness that is purported to shall for any reason be subordinated to the Obligations revoked or any subordination provision in any subordination agreement that relates to any Indebtedness that is to be subordinated to the Obligationsinvalidated, or any subordination provision in any guaranty by any Loan Party of any such Indebtedness, shall otherwise cease to be in full force and effect, or any Person (including the holder of any such Indebtedness) shall contest in any manner the validity, binding nature validity or enforceability of thereof or deny that it has any further liability or obligation thereunder, or the Obligations, for any reason shall not have the priority contemplated by this Agreement or such provision; orsubordination provisions.
Appears in 12 contracts
Samples: Loan and Security Agreement (Surmodics Inc), Loan and Security Agreement (1847 Goedeker Inc.), Loan and Security Agreement (1847 Goedeker Inc.)
Invalidity of Subordination Provisions. Any subordination provision in any document or instrument governing Indebtedness Debt that is purported intended to be subordinated to the Obligations or any subordination provision in any subordination agreement that relates to any Indebtedness that is to be subordinated to the Obligationssuch Debt, or any subordination provision in any guaranty by any Loan Party of any such IndebtednessDebt, shall cease to be in full force and effect, or any Person (including the holder of any such Indebtednessapplicable Debt) shall contest in any manner the validity, binding nature or enforceability of any such provision; or.
Appears in 12 contracts
Samples: Credit Agreement (CareView Communications Inc), Credit Agreement (CareView Communications Inc), Credit Agreement (Avinger Inc)
Invalidity of Subordination Provisions. Any subordination provision in any document or instrument governing Indebtedness that is purported to be subordinated to the Obligations or any subordination provision in any subordination agreement that relates to any Indebtedness that is to be subordinated to the Obligations, or any subordination provision in any guaranty by any Loan Note Party of any such Indebtedness, shall cease to be in full force and effect, or any Person (including the holder of any such Indebtedness) shall contest in any manner the validity, binding nature or enforceability of any such provision; or
Appears in 4 contracts
Samples: Note Purchase Agreement (OptiNose, Inc.), Note Purchase Agreement (OptiNose, Inc.), Note Purchase Agreement (OptiNose, Inc.)
Invalidity of Subordination Provisions. Any subordination provision in any document or instrument governing Indebtedness that is purported to be subordinated to the Obligations or any subordination provision in any subordination agreement that relates to any Indebtedness that is to be subordinated to the Obligations, or any subordination provision in any guaranty by any Loan Note Party of any such Indebtedness, shall cease to be in full force and effect, or any Person (including the any holder of any such Indebtedness) shall contest in any manner the validity, binding nature or enforceability of any such provision; or
Appears in 3 contracts
Samples: Note Purchase Agreement (Terran Orbital Corp), Convertible Note and Warrant Purchase Agreement (Terran Orbital Corp), Note Purchase Agreement (Tailwind Two Acquisition Corp.)
Invalidity of Subordination Provisions. Any subordination provision in any document or instrument governing Indebtedness that is purported to be subordinated to the Obligations or any subordination provision in any subordination agreement that relates to any Indebtedness that is to be subordinated to the Obligations, or any subordination provision in any guaranty by any Loan Party of any such Indebtedness, shall cease to be in full force and effect, or any Person (including the any holder of any such Indebtedness) shall contest in any manner the validity, binding nature or enforceability of any such provision; or
Appears in 3 contracts
Samples: Credit Agreement (Biocryst Pharmaceuticals Inc), Credit Agreement (Biocryst Pharmaceuticals Inc), Credit Agreement (Cti Biopharma Corp)
Invalidity of Subordination Provisions. Any subordination provision in any document or instrument governing Indebtedness that is purported to be subordinated to the Obligations or any subordination provision in any subordination agreement that relates to any Indebtedness that is to be subordinated to the Obligations, or any subordination provision in any guaranty by any Loan Credit Party of any such Indebtedness, shall cease to be in full force and effect, or any Person (including the holder of any such Indebtedness) shall contest in any manner the validity, binding nature or enforceability of any such provision; or
Appears in 3 contracts
Samples: Note Purchase Agreement (Revance Therapeutics, Inc.), Note Purchase Agreement (Puma Biotechnology, Inc.), Note Purchase Agreement (Osmotica Pharmaceuticals PLC)
Invalidity of Subordination Provisions. Any subordination provision in any document or instrument governing Indebtedness that is purported to be subordinated to the Obligations or any subordination provision in any subordination agreement that relates to any Indebtedness that is to be subordinated to the Obligations, or any subordination provision in any guaranty by any Loan Party of any such Subordinated Indebtedness, shall cease to be in full force and effect, or the Borrower or any other Person (including the holder of any such applicable Subordinated Indebtedness) shall contest in any manner the validity, binding nature or enforceability of any such provision; or.
Appears in 1 contract
Invalidity of Subordination Provisions. Any subordination provision in any document or instrument governing Indebtedness the Surviving Debt or any other indebtedness that is purported intended to be subordinated to the Obligations or any subordination provision in any subordination agreement that relates to any Indebtedness that is to be subordinated to the Obligationssuch indebtedness, or any subordination provision in any guaranty by any Loan Party of any such Indebtednessindebtedness, shall cease to be in full force and effect, or any Person (including the holder of any such Indebtednessapplicable indebtedness) shall contest in any manner the validity, binding nature or enforceability of any such provision; or.
Appears in 1 contract
Invalidity of Subordination Provisions. Any subordination provision in any document or instrument governing Indebtedness that is purported to be subordinated to the Obligations or any subordination provision in any subordination agreement that relates to any Indebtedness that is to be subordinated to the Obligations, or any subordination provision in any guaranty by any Loan Party of any such Indebtedness, shall cease to be in full force and effect, or RedHill Parent or any Person (including the holder of any such Indebtedness) its Subsidiaries shall contest in any manner the validity, binding nature or enforceability of any such provision; or;
Appears in 1 contract
Invalidity of Subordination Provisions. Any subordination provision in any document or instrument governing Indebtedness that is purported to be subordinated to the Obligations or any subordination provision in any subordination agreement that relates to any Indebtedness that is to be subordinated to the Obligations, or any subordination provision in any guaranty by any Loan Note Party of any such Indebtedness, shall cease to be in full force and effect, or any Person (including the any holder of any such Indebtedness) shall contest in any manner the validity, binding nature or enforceability of any such provision; or
Appears in 1 contract
Samples: Note Purchase Agreement (Tailwind Two Acquisition Corp.)
Invalidity of Subordination Provisions. Any subordination provision in any document or instrument governing Indebtedness that is purported to be subordinated to the Obligations or any subordination provision in any subordination agreement that relates to any Indebtedness that is to be subordinated to the Obligations, or any subordination provision in any guaranty by any Loan Credit Party of any such Indebtedness, shall cease to be in full force and effect, or any Person (including the holder of any such Indebtedness) shall contest in any manner the validity, binding nature or enforceability of any such provision; oror (n)
Appears in 1 contract
Samples: Note Purchase Agreement (Revance Therapeutics, Inc.)
Invalidity of Subordination Provisions. Any subordination provision in any document or instrument governing Indebtedness that is purported to be subordinated to the Obligations or any subordination provision in any subordination agreement that relates to any Indebtedness that is to be subordinated to the Obligations, or any subordination provision in any guaranty by any Loan Note Party of any such Indebtedness, shall cease to be in full force and effect, or any Person (including the holder of any such Indebtedness) shall contest in any manner the validity, binding nature or enforceability of any such provision; oror (n)
Appears in 1 contract
Samples: Note Purchase Agreement
Invalidity of Subordination Provisions. Any subordination provision in any document or instrument governing Indebtedness that is purported to be subordinated to the Obligations or any subordination provision in any subordination agreement that relates to any Indebtedness that is to be subordinated to the Obligations, or any subordination provision in any guaranty by any Loan Party of any such Indebtedness, shall cease to be in full force and effect, or any Person (including the holder of any such Indebtedness) shall contest in any manner the validity, binding nature or enforceability of any such provision; oror (n)
Appears in 1 contract
Samples: Credit Agreement (Establishment Labs Holdings Inc.)
Invalidity of Subordination Provisions. Any subordination provision in any document or instrument governing Indebtedness that is purported to be subordinated to the Obligations or any subordination provision in any subordination agreement that relates to any Indebtedness that is to be subordinated to the Obligations, or any subordination provision in any guaranty by any Loan Note Party of any such Indebtedness, shall cease to be in full force and effect, or any Person (including the Note Party, any Affiliate of any Note Party or any holder of any such Indebtedness) Indebtedness shall contest in any manner the validity, binding nature or enforceability of any such provision; or
Appears in 1 contract
Invalidity of Subordination Provisions. Any subordination provision in any document or instrument governing Indebtedness that is purported to be subordinated to the Obligations or any subordination provision in any subordination agreement that relates to any Indebtedness that is to be subordinated to the Obligations, or any subordination provision in any guaranty by any Loan Credit Party of any such Indebtedness, shall cease to be in full force and effect, or any Person (including the holder of any such Indebtedness) shall contest in any manner the validity, binding nature or enforceability of any such provision; or
Appears in 1 contract
Invalidity of Subordination Provisions. Any subordination provision in any document or instrument governing Indebtedness that is purported to be subordinated to the Obligations or any subordination provision in any subordination agreement that relates to any Indebtedness that is to be subordinated to the Obligations, or any subordination provision in any guaranty by any Loan Party of any such Indebtedness, shall cease to be in full force and effect, or any Person (including the holder of any such Indebtedness) shall contest in any manner the validity, binding nature or enforceability of any such provision; oror 103 CHAR1\1659840v4
Appears in 1 contract
Samples: Credit Agreement (Establishment Labs Holdings Inc.)
Invalidity of Subordination Provisions. Any subordination provision in any document or instrument governing Indebtedness that is purported to be subordinated to the Obligations or any subordination provision in any subordination agreement that relates to any Indebtedness that is to be subordinated to the Obligations, or any subordination provision in any guaranty by any Loan Note Party of any such Indebtedness, shall cease to be in full force and effect, or any Person (including the any holder of any such Indebtedness) shall contest in any manner the validity, binding nature or enforceability of any such provision; or Injunction. Any court order enjoins, restrains, or prevents any Note Party from conducting any material part of its business; or
Appears in 1 contract
Invalidity of Subordination Provisions. Any subordination provision in any document or instrument governing Indebtedness that is purported to be subordinated to the Obligations or any subordination provision in any subordination agreement that relates to any Indebtedness that is to be subordinated to the Obligations, or any subordination provision in any guaranty by any Loan Party of any such Indebtedness, shall cease to be in full force and effect, or any Person (including the holder of any such Indebtedness) shall contest in any manner the validity, binding nature or enforceability of any such provision; or
Appears in 1 contract
Invalidity of Subordination Provisions. Any The subordination provision in provisions of any document Subordinated Indebtedness shall for any reason be revoked or instrument governing Indebtedness that is purported to be subordinated to the Obligations or any subordination provision in any subordination agreement that relates to any Indebtedness that is to be subordinated to the Obligationsinvalidated, or any subordination provision in any guaranty by any Loan Party of any such Indebtedness, shall otherwise cease to be in full force and effecteffect in any material respect, or the Borrower or any Person (including the holder of any Subsidiary thereof which is subject to such Indebtedness) subordination provisions shall contest in any manner the validity, binding nature validity or enforceability of thereof or deny that it has any further liability or obligation thereunder, or the Obligations, for any reason shall not have the priority contemplated by this Agreement or such provision; orsubordination provisions.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Commercial Vehicle Group, Inc.)