Common use of Certain Limited Exclusions Clause in Contracts

Certain Limited Exclusions. Notwithstanding anything herein to the contrary, in no event shall the security interest granted under Section 2.1 hereof attach to any Lease, license, contract, property rights or agreement to which the Grantor is a party or any of its rights or interests thereunder if and for so long as the grant of such security interest shall constitute or result in (i) the abandonment, invalidation or unenforceability of any right, title or interest of the Grantor therein or (ii) in a breach or termination pursuant to the terms of, or a default under, any such Lease license, contract property rights or agreement (other than to the extent that any such term would be rendered ineffective pursuant to Sections 9-406, 9-407, 9-408 or 9-409 of the UCC (or any successor provision or provisions) of any relevant jurisdiction or any other applicable law (including the Bankruptcy Code) or principles of equity), provided however that such security interest shall attach immediately at such time as the condition causing such abandonment, invalidation or unenforceability shall be remedied and, to the extent severable, shall attached immediately to any portion of such Lease, license, contract, property rights or agreement that does not result in any of the consequences specified in (i) or (ii).

Appears in 3 contracts

Samples: Loan Agreement (Wintegra Inc), Loan Agreement (Wintegra Inc), Loan Agreement (Wintegra Inc)

AutoNDA by SimpleDocs

Certain Limited Exclusions. Notwithstanding anything herein to the contrary, in no event shall the security interest granted under Section 2.1 hereof attach to any Leaselease, license, contract, property rights or agreement to which the Grantor Debtor is a party or any of its rights or interests thereunder if and for so long as the grant of such security interest shall constitute or result in (i) the abandonment, invalidation or unenforceability of any the right, title or interest of the Grantor Debtor therein or (ii) in a breach or termination pursuant to the terms of, or a default under, any such Lease lease, license, contract property rights or agreement (other than to the extent that any such term of such lease, license, contract, property rights or agreement would otherwise be rendered ineffective pursuant to Sections 9-406, 9-407, 9-408 or 9-409 of the UCC (or any successor provision or provisions) of any relevant jurisdiction or any other applicable law (including including, without limitation, the Code and the Bankruptcy Code) Code or principles of equity) (collectively, the “Excluded Collateral”); provided, provided however however, that such security interest shall attach immediately at such time as the condition causing such abandonment, invalidation or unenforceability shall be remedied andremedied, and to the extent severable, shall attached attach immediately to any portion of such Leaselease, license, contract, property rights or agreement that does not result in any of the consequences specified in clauses (i) or (ii) above (and all of the Debtor’s rights, title and interest in such lease, license, contract, property rights or agreements, or portion thereof, shall automatically be included in and considered as Collateral).

Appears in 3 contracts

Samples: Security Agreement (Starboard Resources, Inc.), Security Agreement (Starboard Resources, Inc.), Security Agreement (Starboard Resources, Inc.)

Certain Limited Exclusions. Notwithstanding anything herein to the contrary, in no event shall the Collateral include or the security interest granted under Section 2.1 hereof attach to any Leaselease, license, contract, Intellectual Property, property rights or agreement to which the any Grantor is a party or any of its rights or interests thereunder if and for so long as the grant of such security interest shall constitute or result in (i) the abandonment, invalidation or unenforceability of any right, title or interest of the any Grantor therein or (ii) in a breach or termination pursuant to the terms of, or a default under, any such Lease lease, license, contract contract, property rights or agreement (other than to the extent that any such term would be rendered ineffective pursuant to Sections 9-406, 9-407, 9-408 or 9-409 of the UCC (or any successor provision or provisions) of any relevant jurisdiction or any other applicable law (including the Bankruptcy Code) or principles of equity), provided however that the Collateral shall include and such security interest shall attach immediately at such time as the condition causing such abandonment, invalidation or unenforceability shall be remedied and, and to the extent severable, shall attached attach immediately to any portion of such Leaselease, license, contract, property rights or agreement that does not result in any of the consequences specified in (i) or (ii)) above.

Appears in 2 contracts

Samples: Revolving Credit Pledge and Security Agreement (NewPage Energy Services LLC), Revolving Credit Pledge and Security Agreement (NewPage Holding CORP)

Certain Limited Exclusions. Notwithstanding anything herein to the contrary, in no event shall the Collateral include or the security interest granted under Section 2.1 hereof attach to any Leaselease, license, contract, Intellectual Property, property rights or agreement to which the any Grantor is a party or any of its rights or interests thereunder if and for so long as the grant of such security interest shall constitute or result in (i) the abandonment, invalidation or unenforceability of any right, title or interest of the any Grantor therein or (ii) in a breach or termination pursuant to the terms of, or a default under, any such Lease lease, license, contract contract, property rights or agreement (other than to the extent that any such term would be rendered ineffective pursuant to Sections 9-406, 9-407, 9-408 or 9-409 of the UCC (or any successor provision or provisions) of any relevant jurisdiction or any other applicable law (including the Bankruptcy Code) or principles of equity); provided, provided however that the Collateral shall include and such security interest shall attach immediately at such time as the condition causing such abandonment, invalidation or unenforceability shall be remedied and, and to the extent severable, shall attached attach immediately to any portion of such Leaselease, license, contract, property rights or agreement that does not result in any of the consequences specified in (i) or (ii)) above.

Appears in 2 contracts

Samples: Revolving Credit Pledge and Security Agreement, Revolving Credit Pledge and Security Agreement (NewPage CORP)

AutoNDA by SimpleDocs

Certain Limited Exclusions. Notwithstanding anything herein to the contrary, in no event shall the security interest granted under Section 2.1 hereof attach to any Leaselease, license, contract, property rights or agreement to which the any Grantor is a party or any of its rights or interests thereunder if and for so long as the grant of such security interest shall constitute or result in (i) the abandonment, invalidation or unenforceability of any right, title or interest of the any Grantor therein or (ii) in a breach or termination pursuant to the terms of, or a default under, any such Lease lease, license, contract property rights or agreement (other than to the extent that any such term would be rendered ineffective pursuant to Sections 9-406, 9-407, 9-408 or 9-409 of the UCC (or any successor provision or provisions) of any relevant jurisdiction or any other applicable law (including the Bankruptcy Code) or principles of equityequity)(collectively, the "Excluded Collateral"), provided however that such security interest shall attach immediately at such time as the condition causing such abandonment, invalidation or unenforceability shall be remedied and, and to the extent severable, shall attached attach immediately to any portion of such Leaselease, license, contract, property rights or agreement that does not result in any of the consequences specified in (i) or (ii) above (and all of Grantors' rights, title and interest in such lease, license, contract, property rights or agreements, or portion thereof, shall automatically be included in and considered as "Collateral").

Appears in 1 contract

Samples: Pledge and Security Agreement (Tekoil & Gas Corp)

Certain Limited Exclusions. Notwithstanding anything herein to the contrary, in no event shall the Collateral include or the security interest granted under Section 2.1 5(a) hereof attach to to: any Leaselease, license, contract, property rights or agreement to which the Grantor Company is a party or any of its rights or interests thereunder if and for so long as the grant of such security interest shall constitute or result in (i) the abandonment, invalidation or unenforceability of any right, title or interest of the Grantor Company therein or (ii) in a breach or termination pursuant to the terms of, or a default under, any such Lease lease, license, contract contract, property rights right or agreement (other than to the extent that any such term would be rendered ineffective pursuant to Sections 9-406, 9-407, 9-408 or 9-409 of the UCC (as defined herein) (or any successor provision or provisions) of any relevant jurisdiction or any other applicable law (including the Bankruptcy Code) or principles of equity), provided however that the Collateral shall include and such security interest shall attach immediately at such time as the condition causing such abandonment, invalidation or unenforceability shall be remedied and, and to the extent severable, shall attached attach immediately to any portion of such Leaselease, license, contract, property rights or agreement that does not result in any of the consequences specified in (i) or (ii)) above.

Appears in 1 contract

Samples: Convertible Note Purchase Agreement (Bone Biologics, Corp.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!