Challenge to Agreement. Borrower, any Subsidiary of Borrower or any Guarantor, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to Lender.
Appears in 8 contracts
Samples: Loan and Security Agreement (Iwt Tesoro Corp), Loan and Security Agreement (Iwt Tesoro Corp), Loan and Security Agreement (Zoom Telephonics Inc)
Challenge to Agreement. Any Borrower, any Subsidiary of any Borrower or any other Guarantor, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, Agreement or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to LenderAgent.
Appears in 5 contracts
Samples: Loan and Security Agreement (Mfri Inc), Loan and Security Agreement (Mfri Inc), Loan and Security Agreement (Mfri Inc)
Challenge to Agreement. Any Borrower, any Subsidiary of any Borrower or any Guarantor, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, Agreement or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to LenderAgent.
Appears in 5 contracts
Samples: Loan and Security Agreement (Wabash National Corp /De), Loan and Security Agreement (Wabash National Corp /De), Loan and Security Agreement (Wabash National Corp /De)
Challenge to Agreement. Borrower, any Subsidiary of Borrower or any Guarantorother Loan Party, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to Lender.
Appears in 4 contracts
Samples: Loan and Security Agreement (Black Warrior Wireline Corp), Loan and Security Agreement (Bayard Drilling Technologies Inc), Loan and Security Agreement (Black Warrior Wireline Corp)
Challenge to Agreement. Borrower, any Subsidiary of Borrower or any GuarantorBorrower, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to Lender.
Appears in 4 contracts
Samples: Loan and Security Agreement (Houston Wire & Cable CO), Loan and Security Agreement (Houston Wire & Cable CO), Loan and Security Agreement (Eagle Pacific Industries Inc/Mn)
Challenge to Agreement. Borrower, Borrower or any Subsidiary of Borrower or any GuarantorBorrower, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, Agreement or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to LenderAgent.
Appears in 4 contracts
Samples: Loan and Security Agreement (Pw Eagle Inc), Loan and Security Agreement (Pw Eagle Inc), Loan and Security Agreement (Pw Eagle Inc)
Challenge to Agreement. Any Borrower, any Subsidiary of any Borrower or any Guarantor, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to Lender.
Appears in 4 contracts
Samples: Term Loan Agreement (United Natural Foods Inc), Loan and Security Agreement (Eagle Supply Group Inc), Loan and Security Agreement (Advanced Technical Products Inc)
Challenge to Agreement. Borrower, Borrower or any Subsidiary of Borrower or any GuarantorBorrower, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, Agreement or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to LenderAgent for the benefit of Lenders.
Appears in 3 contracts
Samples: Loan and Security Agreement (Nations Flooring Inc), Loan and Security Agreement (Executone Information Systems Inc), Loan and Security Agreement (Nations Flooring Inc)
Challenge to Agreement. Borrower, any Subsidiary of Borrower or any Guarantor, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, Agreement or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to LenderAgent.
Appears in 3 contracts
Samples: Loan and Security Agreement (Weirton Steel Corp), Loan and Security Agreement (Weirton Steel Corp), Loan and Security Agreement (Weirton Steel Corp)
Challenge to Agreement. Any Borrower, any Subsidiary of any Borrower or any Guarantorother Loan Party, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, Agreement or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to LenderAgents.
Appears in 3 contracts
Samples: Loan Agreement (Katy Industries Inc), Loan Agreement (Katy Industries Inc), Loan Agreement (Katy Industries Inc)
Challenge to Agreement. Any Borrower, any Subsidiary of Borrower or any other Guarantor, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, Agreement or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to LenderAgent.
Appears in 3 contracts
Samples: Loan and Security Agreement (Cambium Learning Group, Inc.), Loan and Security Agreement (Rewards Network Inc), Loan and Security Agreement (Truserv Corp)
Challenge to Agreement. Borrower, any Subsidiary of Borrower or any GuarantorParent, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to LenderAgent.
Appears in 2 contracts
Samples: Loan and Security Agreement (Home Products International Inc), Loan and Security Agreement (Home Products International Inc)
Challenge to Agreement. Any Borrower, any Subsidiary of Borrower Borrowers or any Guarantor, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, Agreement or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to LenderAgent or a default shall occur under any Loan Document.
Appears in 2 contracts
Samples: Loan and Security Agreement (Restoration Hardware Inc), Loan and Security Agreement (Restoration Hardware Inc)
Challenge to Agreement. Borrower, any Subsidiary of Borrower or any Guarantor, or any Affiliate of any of them, Borrower shall challenge or contest in any action, suit suit, or proceeding the validity or enforceability of this Agreement, or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to Lender.
Appears in 2 contracts
Samples: Loan and Security Agreement (Meade Instruments Corp), Loan and Security Agreement (Meade Instruments Corp)
Challenge to Agreement. Any Borrower, any ---------------------- Subsidiary of Borrower or any Guarantor, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, Agreement or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to LenderAgent.
Appears in 2 contracts
Samples: Loan and Security Agreement (Falcon Products Inc /De/), Loan and Security Agreement (Falcon Products Inc /De/)
Challenge to Agreement. Any Borrower, any Subsidiary of any Borrower or any GuarantorParent, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, Agreement or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to LenderAgent.
Appears in 2 contracts
Samples: Loan and Security Agreement (Velocity Express Corp), Loan and Security Agreement (Velocity Express Corp)
Challenge to Agreement. Any Borrower, any Subsidiary of any Borrower or any Guarantor, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, Agreement or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to LenderAgent for the benefit of itself and Lenders.
Appears in 1 contract
Samples: Loan and Security Agreement (Integra Lifesciences Corp)
Challenge to Agreement. Borrower, any Subsidiary of Borrower or ---------------------- any other Guarantor, or any Affiliate of any of them, shall challenge or contest in writing in any action, suit or proceeding the validity or enforceability of this Agreement, Agreement or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to LenderAgent.
Appears in 1 contract
Samples: Loan and Security Agreement (Borden Chemicals & Plastics Limited Partnership /De/)
Challenge to Agreement. Borrower, any Subsidiary of Borrower ---------------------- or any other Guarantor, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, Agreement or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to LenderAgent.
Appears in 1 contract
Challenge to Agreement. A Borrower, any Subsidiary of ---------------------- Borrower or any Guarantor, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, or any of the other Loan Security Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to LenderAgent and Lenders.
Appears in 1 contract
Samples: Loan and Security Agreement (Restoration Hardware Inc)
Challenge to Agreement. Any Borrower, any Subsidiary of any Borrower or any GuarantorCompany, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to Lender.
Appears in 1 contract
Samples: Loan and Security Agreement (Eagle Pacific Industries Inc/Mn)
Challenge to Agreement. Borrower, or any Subsidiary of Borrower or any GuarantorParent, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to Lender.
Appears in 1 contract
Samples: Equipment Loan Note (Pure World Inc)
Challenge to Agreement. Any Borrower, any Subsidiary of any ---------------------- Borrower or any GuarantorParent, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, Agreement or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to LenderAgent.
Appears in 1 contract
Samples: Loan and Security Agreement (Velocity Express Corp)
Challenge to Agreement. Borrower, Any Borrower or any Subsidiary of Borrower or any GuarantorBorrower, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to Lender.
Appears in 1 contract
Samples: Loan and Security Agreement (Measurement Specialties Inc)
Challenge to Agreement. Borrower, Any Borrower or any Subsidiary of Borrower or any GuarantorBorrower, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, Agreement or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to LenderAdministrative Agent.
Appears in 1 contract
Samples: Loan and Security Agreement (Nes Rentals Holdings Inc)
Challenge to Agreement. Borrower, Borrower or any Subsidiary of Borrower or any GuarantorBorrower, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to Lender.
Appears in 1 contract
Samples: Loan and Security Agreement (Allied Healthcare Products Inc)
Challenge to Agreement. Borrower, Any Borrower or any Subsidiary of Borrower or any GuarantorBorrower, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to LenderAgent.
Appears in 1 contract
Samples: Loan and Security Agreement (Gulfside Supply, Inc.)
Challenge to Agreement. Borrower, or any Subsidiary of Borrower or any GuarantorBorrower, or any Affiliate of any of them, shall challenge or contest in any action, suit suit, or proceeding the validity or enforceability of this Agreement, or any of the other Loan Documents, the legality or enforceability of any of the Obligations Obligations, or the perfection or priority of any Lien granted to Lender.
Appears in 1 contract
Samples: Loan and Security Agreement (Peregrine Real Estate Trust)
Challenge to Agreement. Borrower, any Subsidiary of Borrower or any GuarantorBorrower, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to LenderAgent.
Appears in 1 contract
Samples: Loan and Security Agreement (Northwestern Steel & Wire Co)
Challenge to Agreement. Borrower, Borrower or any Subsidiary of Borrower or any Guarantor, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to LenderAgent for its benefit and the ratable benefit of Lenders.
Appears in 1 contract
Challenge to Agreement. A Borrower, any Subsidiary of Borrower or any Guarantor, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, or any of the other Loan Security Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to LenderAgent and Lenders.
Appears in 1 contract
Samples: Loan and Security Agreement (Restoration Hardware Inc)
Challenge to Agreement. Borrower, Either Borrower or any Subsidiary of a Borrower or any Guarantor, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, Agreement or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to Lender.
Appears in 1 contract
Samples: Loan and Security Agreement (Open Plan Systems Inc)
Challenge to Agreement. Any Borrower, any Subsidiary of any Borrower or any Guarantor, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to LenderAgent.
Appears in 1 contract
Samples: Loan and Security Agreement (United Natural Foods Inc)
Challenge to Agreement. Borrower, any Subsidiary of Borrower or any Guarantor, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, Agreement or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to LenderAgent, for the benefit of itself and Lenders.
Appears in 1 contract
Samples: Loan and Security Agreement (Color Spot Nurseries Inc)
Challenge to Agreement. Borrower, any Subsidiary of Borrower or any Guarantor, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to LenderAgent for the benefit of the Lenders.
Appears in 1 contract
Samples: Credit Agreement (Drypers Corp)
Challenge to Agreement. Borrower, any Subsidiary of Borrower or any Guarantor, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to Lender.
Appears in 1 contract
Samples: Loan and Security Agreement (Financial Performance Corp)
Challenge to Agreement. Any Borrower, any Subsidiary of Borrower or any GuarantorBorrower, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to Lender.
Appears in 1 contract
Challenge to Agreement. Any Borrower, or any Subsidiary of Borrower or any GuarantorBorrower, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to Lender.
Appears in 1 contract
Samples: Loan and Security Agreement (D & K Healthcare Resources Inc)
Challenge to Agreement. Borrower, any Subsidiary of Borrower or any GuarantorBorrower, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to LenderAgent, for its benefit and the ratable benefit of Lenders.
Appears in 1 contract
Samples: Loan and Security Agreement (Eagle Pacific Industries Inc/Mn)
Challenge to Agreement. Borrower, or any Subsidiary of Borrower or any GuarantorBorrower, or any Affiliate of any of them, shall challenge or contest in any action, suit suit, or proceeding the validity or enforceability of this Agreement, or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to LenderAgent.
Appears in 1 contract
Samples: Loan and Security Agreement (Questron Technology Inc)
Challenge to Agreement. Borrower, any Subsidiary of Borrower or any Guarantor, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, or any of the other Loan Credit Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to LenderAgent for the benefit of the Lenders.
Appears in 1 contract
Samples: Term Loan Agreement (Drypers Corp)
Challenge to Agreement. Any Borrower, or any Subsidiary of Borrower or ---------------------- any GuarantorBorrower, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to Lender.
Appears in 1 contract
Samples: Loan and Security Agreement (D & K Healthcare Resources Inc)
Challenge to Agreement. Borrower, Any Borrower or any Subsidiary of Borrower or any GuarantorBorrower, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, Agreement or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to LenderAgent.
Appears in 1 contract
Challenge to Agreement. Borrower, any Subsidiary of Borrower Guarantor or any Guarantor, ---------------------- Material Subsidiary or any Affiliate of any of them, them shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, Agreement or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to Lender.
Appears in 1 contract
Challenge to Agreement. Any Borrower, any Subsidiary of any Borrower or any other Guarantor, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, Agreement or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to LenderAdministrative Agent.
Appears in 1 contract
Challenge to Agreement. Borrower, any Subsidiary of Any Borrower or any Guarantorof its Subsidiaries, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to LenderAgent, for the ratable benefit of Lenders.
Appears in 1 contract
Samples: Loan and Security Agreement (Gentiva Health Services Inc)
Challenge to Agreement. Borrower, Borrower or any Subsidiary of Borrower or any Guarantor, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, Agreement or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to Lender.
Appears in 1 contract
Samples: Loan and Security Agreement (Electronics Boutique Holdings Corp)
Challenge to Agreement. Borrower, Any Borrower or any Subsidiary of any Borrower or any Guarantor, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, Agreement or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to Lender.
Appears in 1 contract
Challenge to Agreement. Borrower, any Subsidiary of Borrower or any other Guarantor, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, Agreement or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to LenderAgent.
Appears in 1 contract
Challenge to Agreement. Borrower, Any Borrower or any Subsidiary of Borrower or any GuarantorBorrower, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, Agreement or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to LenderAgent.
Appears in 1 contract
Challenge to Agreement. Borrower, any Subsidiary of Borrower or any Guarantor---------------------- Borrower, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to Lender.
Appears in 1 contract
Challenge to Agreement. Borrower, any Subsidiary of Borrower or any Guarantorother Loan Party, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to LenderAgent.
Appears in 1 contract
Samples: Loan and Security Agreement (Industrial Data Systems Corp)
Challenge to Agreement. Any Borrower, any Subsidiary of any Borrower or any Guarantor, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, Agreement or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to Lender.
Appears in 1 contract
Challenge to Agreement. Borrower, Borrower or any Subsidiary of Borrower or any Guarantor------------------------ Borrower, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to Lender.
Appears in 1 contract
Challenge to Agreement. Any Borrower, any Subsidiary of any Borrower or any Guarantor, or any Affiliate of any of them, shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement, or any of the other Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to Agent or any Lender.
Appears in 1 contract
Samples: Loan and Security Agreement (Eagle Supply Group Inc)