Common use of Failure of Agreements Clause in Contracts

Failure of Agreements. Any Obligor shall challenge the validity and binding effect of any provision of any Loan Document after delivery thereof or shall state its intention to make such a challenge in writing, or any Loan Document, after delivery thereof hereunder, shall for any reason (except to the extent permitted by the terms thereof) cease to create a valid and perfected first priority Lien (except for Permitted Liens) on, or security interest in, any of the Collateral purported to be covered thereby.

Appears in 6 contracts

Samples: Loan and Security Agreement (Kellstrom Industries Inc), Loan and Security Agreement (American Aircarriers Support Inc), Loan and Security Agreement (Tultex Corp)

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Failure of Agreements. Any Obligor A Borrower shall challenge the validity and binding effect of any provision of any Loan Document after delivery thereof hereunder or shall state in writing its intention to make such a challenge in writingchallenge, or any Loan Security Document, after delivery thereof hereunder, shall for any reason (except to the extent permitted by the terms thereof) cease to create a valid and perfected first priority Lien (except for Permitted Liens) on, or security interest in, any of the Collateral purported to be covered thereby.

Appears in 3 contracts

Samples: Loan and Security Agreement (Phoenix Racing Inc), Loan and Security Agreement (American Tire Distributors Inc), Loan Agreement (Offshore Tool & Energy Corp)

Failure of Agreements. Any Obligor The Borrower shall challenge the validity and binding effect of any provision of any Loan Document after delivery thereof hereunder or shall state its intention to make such a challenge in writing, or any Loan Document, after delivery thereof hereunder, shall for any reason (except to the extent permitted by the terms thereof) cease to create a valid and perfected first priority Lien (except for Permitted Liens) on, or security interest in, any of the Collateral purported to be covered thereby.

Appears in 3 contracts

Samples: Loan and Security Agreement (Meadowcraft Inc), Loan and Security Agreement (Ithaca Industries Inc), Loan and Security Agreement (Ithaca Industries Inc)

Failure of Agreements. Any Obligor The Borrower shall challenge the validity and binding effect of any provision of any Loan Document after delivery thereof hereunder or shall state in writing its intention to make such a challenge in writingchallenge, or any Loan Security Document, after delivery thereof hereunder, shall for any reason (except to the extent permitted by the terms thereof) cease to create a valid and perfected first priority Lien (except for Permitted Liens) on, or security interest in, any of the Collateral purported to be covered thereby.

Appears in 3 contracts

Samples: Loan and Security Agreement (Synthetic Industries Inc), Loan and Security Agreement (Texfi Industries Inc), Loan and Security Agreement (Texfi Industries Inc)

Failure of Agreements. Any Obligor A Borrower shall challenge the validity and binding effect of any provision of any Loan Document after delivery thereof hereunder or shall state in writing its intention to make such a challenge in writingchallenge, or this Agreement or any Loan Document, Security Document after delivery thereof hereunder, shall for any reason (except to the extent permitted by the terms hereof or thereof) cease to create a valid and perfected first priority Lien (except for Permitted Liens) on, or security interest in, any of the Collateral purported to be covered therebythereby in favor of the Administrative Agent.

Appears in 2 contracts

Samples: Loan and Security Agreement (Winston Furniture Co of Alabama Inc), Loan and Security Agreement (Winsloew Furniture Inc)

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Failure of Agreements. Any Obligor Borrower shall challenge the validity and binding effect of any provision of any Loan Document after delivery thereof hereunder or shall state in writing its intention to make such a challenge in writingchallenge, or any Loan Document, after delivery thereof hereunder, shall for any reason (except to the extent permitted by the terms thereof) cease to create a valid and perfected first priority Lien (except for Permitted Liens) on, or security interest in, any of the Collateral purported to be covered thereby.

Appears in 1 contract

Samples: Loan and Security Agreement (Gni Group Inc /De/)

Failure of Agreements. Any Obligor Borrower, any Guarantor or any Affiliate of --------------------- Borrower or any Guarantor shall challenge the validity and binding effect of any provision of any Loan Document after delivery thereof hereunder or shall state in writing its intention to make such a challenge in writingchallenge, or any Loan Security Document, after delivery thereof hereunder, shall for any reason (except to the extent permitted by the terms thereof) cease to create a valid and perfected first priority Lien valid, exclusive (except for Permitted Liens) and perfected first priority Lien on, or security interest in, any of the Collateral purported to be covered therebyCollateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Acr Group Inc)

Failure of Agreements. Any Obligor The Borrower or any Guarantor shall challenge the validity and binding effect of any provision of any Loan Document after delivery thereof hereunder or shall state its intention to make such a challenge in writing, or any Loan Document, after delivery thereof hereunder, shall for any reason (except to the extent permitted by the terms thereof) cease to create a valid and perfected first priority Lien (except for Permitted Liens) on, or security interest in, any of the Collateral purported to be covered thereby.

Appears in 1 contract

Samples: Loan and Security Agreement (Standard Commercial Corp)

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