Common use of Subordination Provisions Clause in Contracts

Subordination Provisions. If (a) any provision of any subordination or intercreditor provisions of any agreement, document or instrument governing any Indebtedness which by its terms is subordinated to the Secured Obligations or any Indebtedness that is secured by Liens that have been contractually subordinated to the Liens securing the Secured Obligations (together, “Subordination Arrangements”) shall for any reason be revoked or invalidated, or otherwise cease to be in full force and effect (other than in accordance with the express terms thereof), or (b) any Person shall contest in any manner the validity or enforceability of such Subordination Arrangements or any Person shall deny that it has any further liability or obligation thereunder, or (c) any party to any Subordination Arrangements (other than the Lender) shall fail to comply with the provisions of, does not perform its obligations under, any such Subordination Arrangements; or

Appears in 2 contracts

Samples: Loan and Security Agreement (Amyris, Inc.), Loan and Security Agreement (Amyris, Inc.)

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Subordination Provisions. If (ai) any provision of any subordination or intercreditor provisions of any agreement, document or instrument governing any Indebtedness which by its terms is subordinated to the Secured Obligations or any Indebtedness that is secured by Liens that have been contractually subordinated to the Liens securing the Secured Obligations (together, “Any Subordination Arrangements”) Provisions shall for any reason be revoked or invalidated, or otherwise cease fail to be in full force and effect enforceable by the Lenders (other than which have not effectively waived the benefits thereof) in accordance with the express terms thereof), ; or (bii) the principal or interest on any Loan, any Letter of Credit Obligation or other Loan Obligations shall fail to constitute “designated senior debt” (or any other similar term) under any document, instrument or agreement evidencing Subordinated Debt; or (iii) any Person shall Loan Party or any of its Subsidiaries shall, directly or indirectly, disavow or contest in any manner (A) the effectiveness, validity or enforceability of such any of the Subordination Arrangements or any Person shall deny that it has any further liability or obligation thereunderProvisions, or (cB) that any of such Subordination Provisions exist for the benefit of any Secured Party; or (iv) any party Loan Party or any Subsidiary thereof or any other Person fails to observe or perform any of the Subordination Arrangements (other than the Lender) shall fail to comply with the provisions of, does not perform its obligations under, any such Subordination ArrangementsProvisions; or

Appears in 2 contracts

Samples: Assignment and Assumption (Landec Corp \Ca\), Credit Agreement (Lifecore Biomedical, Inc. \De\)

Subordination Provisions. If (a) any provision of any subordination or intercreditor provisions of any agreement, document or instrument governing any Indebtedness which by its terms is subordinated to the Secured Obligations or any Indebtedness that is secured by Liens that have been contractually subordinated to the Liens securing the Secured Obligations (together, “Subordination Arrangements”) shall for any reason be revoked or invalidated, or otherwise cease to be in full force and effect (other than in accordance with the express terms thereof), or (b) any Person shall contest in any manner the validity or enforceability of such Subordination Arrangements or any Person shall deny that it has any further liability or obligation thereunder, or (c) any party to any Subordination Arrangements (other than the Lender) shall fail to comply with the provisions of, does not perform its obligations under, any such Subordination Arrangements; oror (z) adding the following as new Section 8.11:

Appears in 1 contract

Samples: Omnibus Amendment Agreement (Amyris, Inc.)

Subordination Provisions. If (a) any provision of any subordination or intercreditor provisions of any agreement, document or instrument governing any Indebtedness which by its terms is subordinated to the Secured Obligations or any Indebtedness that is secured by Liens that have been contractually subordinated to the Liens securing the Secured Obligations (together, “Subordination Arrangements”) shall for any reason be revoked or invalidated, or otherwise cease to be in full force and effect (other than in accordance with the express terms thereof), or (b) any Person shall contest in any manner the validity or enforceability of such Subordination Arrangements or any Person shall deny that it has any further liability or obligation thereunder, or (c) any party to any Subordination Arrangements (other than the Lender) shall fail to comply with the provisions of, does not perform its obligations under, any such Subordination Arrangements; oror (z) adding the following as new Section 8.12:

Appears in 1 contract

Samples: Omnibus Amendment Agreement (Amyris, Inc.)

Subordination Provisions. If (a) any provision of any Any subordination or intercreditor provisions of any agreement, document or instrument governing any Indebtedness which by its terms is subordinated to the Secured Obligations Indebtedness to the Lender or any Indebtedness that is secured by Liens that have been contractually subordinated to the Liens securing the Secured Obligations (together, the “Subordination Arrangements”) shall for any reason be revoked or invalidated, or otherwise cease to be in full force and effect (other than in accordance with the express terms thereof), each Obligor or (b) any Person of its SubsidiariesPerson shall contest in any manner the validity or enforceability of thereof or such Subordination Arrangements Obligor or any Person of its SubsidiariesPerson shall deny that it has any further liability or obligation thereunder, or (c) any party to any Subordination Arrangements (other than the Lender) shall fail to comply with the provisions of, or does not perform its obligations under, any such Subordination Arrangements; oror 8.11

Appears in 1 contract

Samples: Loan and Security Agreement (Amyris, Inc.)

Subordination Provisions. If (a) any provision of any subordination or intercreditor provisions of any agreement, document or instrument governing any Indebtedness which by its terms is subordinated to the Secured Obligations or any Indebtedness that is secured by Liens that have been contractually subordinated to the Liens securing the Secured Obligations (together, “Subordination Arrangements”) shall for any reason be revoked or invalidated, or otherwise cease to be in full force and effect (other than in accordance with the express terms thereof), or (b) any Person shall contest in any manner the validity or enforceability of such Subordination Arrangements or any Person shall deny that it has any further liability or obligation thereunder, or (c) any party to any Subordination Arrangements (other than the Administrative Agent or any Lender) shall fail to comply with the provisions of, does not perform its obligations under, any such Subordination Arrangements; or

Appears in 1 contract

Samples: Possession Loan Agreement (Amyris, Inc.)

Subordination Provisions. If (a) any provision of any subordination or intercreditor provisions of any agreement, document or instrument governing any Indebtedness which by its terms is subordinated to the Secured Obligations or any Indebtedness that is secured by Liens that have been 35 contractually subordinated to the Liens securing the Secured Obligations (together, “Subordination Arrangements”) shall for any reason be revoked or invalidated, or otherwise cease to be in full force and effect (other than in accordance with the express terms thereof), or (b) any Person shall contest in any manner the validity or enforceability of such Subordination Arrangements or any Person shall deny that it has any further liability or obligation thereunder, or (c) any party to any Subordination Arrangements (other than the Lender) shall fail to comply with the provisions of, does not perform its obligations under, any such Subordination Arrangements; or

Appears in 1 contract

Samples: Loan and Security Agreement (Amyris, Inc.)

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Subordination Provisions. If (ai) any provision of any subordination or intercreditor provisions of any agreement, document or instrument governing any Indebtedness which by its terms is subordinated to the Secured Obligations or any Indebtedness that is secured by Liens that have been contractually subordinated to the Liens securing the Secured Obligations (together, “The Subordination Arrangements”) Provisions shall for any reason be revoked or invalidated, or otherwise cease fail to be in full force and effect enforceable by the Lenders (other than which have not effectively waived the benefits thereof) in accordance with the express terms 121 thereof), ; or (bii) the principal or interest on any Loan, any Letter of Credit Obligation or other Loan Obligations shall fail to constitute “designated senior debt” (or any other similar term) under any document, instrument or agreement evidencing such Subordination Provisions; or (iii) any Person shall Loan Party or any of its Subsidiaries shall, directly or indirectly, disavow or contest in any manner (A) the effectiveness, validity or enforceability of such any of the Subordination Arrangements or any Person shall deny that it has any further liability or obligation thereunderProvisions, or (cB) that any of such Subordination Provisions exist for the benefit of any Secured Party; or (iv) any party Loan Party or any Subsidiary thereof or any other Person fails to observe or perform any of the Subordination Arrangements (other than the Lender) shall fail to comply with the provisions of, does not perform its obligations under, any such Subordination ArrangementsProvisions; or

Appears in 1 contract

Samples: Credit Agreement (Intrepid Potash, Inc.)

Subordination Provisions. If (ai) any provision of any subordination or intercreditor provisions of any agreement, document or instrument governing any Indebtedness which by its terms is subordinated to the Secured Obligations or any Indebtedness that is secured by Liens that have been contractually subordinated to the Liens securing the Secured Obligations (together, “The Subordination Arrangements”) Provisions shall for any reason be revoked or invalidated, or otherwise cease fail to be in full force and effect enforceable by the Lenders (other than which have not effectively waived the benefits thereof) in accordance with the express terms thereof), ; or (bii) the principal or interest on any Loan, any Letter of Credit Obligation or other Loan Obligations shall fail to constitute “designated senior debt” (or any other similar term) under any document, instrument or agreement evidencing such Subordination Provisions; or (iii) any Person shall Loan Party or any of its Subsidiaries shall, directly or indirectly, disavow or contest in any manner (A) the effectiveness, validity or enforceability of such any of the Subordination Arrangements or any Person shall deny that it has any further liability or obligation thereunderProvisions, or (cB) that any of such Subordination Provisions exist for the benefit of any Secured Party; or (iv) any party Loan Party or any Subsidiary thereof or any other Person fails to observe or perform any of the Subordination Arrangements (other than the Lender) shall fail to comply with the provisions of, does not perform its obligations under, any such Subordination ArrangementsProvisions; or

Appears in 1 contract

Samples: Credit Agreement (Intrepid Potash, Inc.)

Subordination Provisions. If (ai) any provision of any subordination or intercreditor provisions of any agreement, document or instrument governing any Indebtedness which by its terms is subordinated to the Secured Obligations or any Indebtedness that is secured by Liens that have been contractually subordinated to the Liens securing the Secured Obligations (together, “Any Subordination Arrangements”) Provisions shall for any reason be revoked or invalidated, or otherwise cease fail to be in full force and effect enforceable by the Lenders (other than which have not effectively waived the benefits thereof) in accordance with the express terms thereof), ; or (bii) the principal or interest on any Loan, any Letter of Credit Obligation or other Loan Obligations shall fail to constitute “designated senior debt” (or any other similar term) under any document, instrument or agreement evidencing Subordinated Debt; or (iii) any Person shall Loan Party or any of its Subsidiaries shall, directly or indirectly, disavow or contest in any manner (A) the effectiveness, validity or enforceability of such any of the Subordination Arrangements or any Person shall deny that it has any further liability or obligation thereunderProvisions, or (cB) that any of such Subordination Provisions exist for the benefit of any Secured Party; or (iv) any party Loan Party or any Subsidiary thereof or any other Person fails to observe or perform any of the Subordination Arrangements Provisions; or (other than the Lender) shall fail to comply with the provisions of, does not perform its obligations under, any such Subordination Arrangements; orm)

Appears in 1 contract

Samples: Credit Agreement (Lifecore Biomedical, Inc. \De\)

Subordination Provisions. If (a) any provision of any subordination or intercreditor provisions of any agreement, document or instrument governing any Indebtedness which by its terms is subordinated to the Secured Obligations or any Indebtedness that is secured by Liens that have been contractually subordinated to the Liens securing the Secured Obligations (together, “Subordination Arrangements”) shall for any reason be revoked or invalidated, or otherwise cease to be in full force and effect (other than in accordance with the express terms thereof), or (b) any Person shall contest in any manner the validity or enforceability of such Subordination Arrangements or any Person shall deny that it has any further liability or obligation thereunder, or (c) any party to any Subordination Arrangements (other than the Lender) shall fail to comply with the provisions of, does not perform its obligations under, any such Subordination Arrangements; oror (aa) adding the following as new Section 8.12:

Appears in 1 contract

Samples: Omnibus Amendment Agreement (Amyris, Inc.)

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