Challenge to Agreement. Any Loan Party shall challenge or contest in any action, suit or proceeding the validity or enforceability of any of the Loan Documents, the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to Agent pursuant to the Loan Documents; provided that no Default or Event of Default shall occur under this subsection 10.1.11 solely as a result of any good faith dispute by a Loan Party as to the amount of any sum purported to be due under any Loan Document.
Appears in 6 contracts
Samples: Loan and Security Agreement (Century Aluminum Co), Loan and Security Agreement (Century Aluminum Co), Loan and Security Agreement (Century Aluminum Co)
Challenge to Agreement. Any Loan Party 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 Administrative Agent pursuant to or this Agreement or any of the other Loan Documents; provided that no Default , Obligations or Event perfection or priority of Default any Lien granted to Administrative Agent shall occur under this subsection 10.1.11 solely cease to actually be legal and enforceable (other than as a result of any good faith dispute action or inaction by a Loan Party as to the amount of Administrative Agent or any sum purported to be due under any Loan DocumentLender).
Appears in 5 contracts
Samples: Loan, Security and Guaranty Agreement (Quest Resource Holding Corp), Loan, Security and Guaranty Agreement (Quest Resource Holding Corp), Loan, Security and Guaranty Agreement (Quest Resource Holding Corp)
Challenge to Agreement. Any 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 Agent pursuant to the Loan Documents; provided that no Default or Event of Default Lender. Nothing set forth herein shall occur under this subsection 10.1.11 solely as a result of any good faith dispute by preclude a Loan Party as to from enforcing its rights, and Lender's duties and obligations, under this Agreement and the amount of any sum purported to be due under any other Loan DocumentDocuments.
Appears in 2 contracts
Samples: Loan and Security Agreement (Atlantic Coast Airlines Holdings Inc), Loan and Security Agreement (Atlantic Coast Airlines Inc)
Challenge to Agreement. Any Loan Party or any Affiliate 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 pursuant to the Loan Documents; provided that no Default or Event of Default shall occur under this subsection 10.1.11 solely as a result of any good faith dispute by a Loan Party as to the amount of any sum purported to be due under any Loan DocumentNational.
Appears in 1 contract
Challenge to Agreement. Any Either Borrower or any other ----------------------- Loan Party 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 Agent pursuant to the Loan Documents; provided that no Default or Event of Default shall occur under this subsection 10.1.11 solely as a result of any good faith dispute by a Loan Party as to the amount of any sum purported to be due under any Loan DocumentLender.
Appears in 1 contract
Samples: Loan and Security Agreement (Litchfield Financial Corp /Ma)
Challenge to Agreement. Any Loan Party Party, or any Affiliate of ---------------------- any Loan Party, 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 pursuant to the Loan Documents; provided that no Default or Event of Default shall occur under this subsection 10.1.11 solely as a result of any good faith dispute by a Loan Party as to the amount of any sum purported to be due under any Loan DocumentLender.
Appears in 1 contract
Samples: Loan and Security Agreement (Avalon Community Services Inc)
Challenge to Agreement. Any A Loan Party shall challenge or contest in any action, suit or proceeding the validity or enforceability of this Agreement or any of the other Loan Documents, or the legality or enforceability of any of the Obligations or the perfection or priority of any Lien granted to Agent pursuant to the Loan Documents; provided that no Default or Event of Default shall occur under this subsection 10.1.11 solely as a result of any good faith dispute by a Loan Party as to the amount of any sum purported to be due under any Loan DocumentObligations.
Appears in 1 contract
Samples: Loan Agreement (Syms Corp)
Challenge to Agreement. Any Loan Party Party, or any Affiliate of any Loan Party, 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 pursuant to the Loan Documents; provided that no Default or Event of Default shall occur under this subsection 10.1.11 solely as a result of any good faith dispute by a Loan Party as to the amount of any sum purported to be due under any Loan DocumentLender.
Appears in 1 contract
Samples: Loan and Security Agreement (Avalon Community Services Inc)
Challenge to Agreement. Any Loan Party or any Affiliate of any Loan Party 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 pursuant to for its benefit and the Loan Documents; provided that no Default or Event ratable benefit of Default shall occur under this subsection 10.1.11 solely as a result of any good faith dispute by a Loan Party as to the amount of any sum purported to be due under any Loan DocumentLenders.
Appears in 1 contract
Samples: Loan and Security Agreement (Ramsay Health Care Inc)