Common use of Actual or Asserted Invalidity Clause in Contracts

Actual or Asserted Invalidity. (i) This Agreement, any Note, any Collateral Document or any instrument or certificate executed or delivered to Lenders, the Agent or the Collateral Agent pursuant to this Agreement or in connection with any transaction contemplated herewith shall cease, for any reason (other than solely as a result of any action or inaction on the part of the Agent or any of the Lenders), to be in full force and effect, or the Borrower or any of its Affiliates shall so assert or (ii) any Lien created thereby or subordination provision therein shall cease to be enforceable and of the same effect and priority purported to be created thereby as a result of any action or inaction on the part of the Borrower or any of its Affiliates.

Appears in 5 contracts

Samples: Credit Agreement (Bally Total Fitness Holding Corp), Credit Agreement (Bally Total Fitness Holding Corp), Credit Agreement (Bally Total Fitness Holding Corp)

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Actual or Asserted Invalidity. (i) This Agreement, any Note, any Collateral Document or any instrument or certificate executed or delivered to LendersBanks, the Agent or the Collateral Agent pursuant to this Agreement or in connection with any transaction contemplated herewith shall cease, for any reason (other than solely as a result of any action or inaction on the part of the Agent or any of the LendersBanks), to be in full force and effect, or the Borrower or any of its Affiliates shall so assert or (ii) any Lien created thereby or subordination provision therein shall cease to be enforceable and of the same effect and priority purported to be created thereby as a result of any action or inaction on the part of the Borrower or any of its Affiliates.

Appears in 1 contract

Samples: Credit Agreement (Bally Total Fitness Holding Corp)

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