Challenge to Validity. Debtor or any Third Party commences any action or proceeding to contest the validity or enforceability of any Transaction Document or any lien or security interest granted or obligations evidenced by any Transaction Document.
Challenge to Validity. The Executive shall not at any time commence any action, suit, arbitration or proceeding challenging the validity or enforceability of any provision of this Agreement, or adjudicate the limits or scope of any of its provisions, and the Executive shall not assert, in any action, suit, arbitration or proceeding against the Executive by any Windstream Group member for a breach by the Executive of any of the covenants in this Section 8 that any provision of the covenants is invalid or unenforceable in any respect or to any extent, irrespective of the outcome of any such action, suit or proceeding.
Challenge to Validity. The Executive shall not at any time assert that any provision of this Agreement is invalid or unenforceable in any respect or to any extent, irrespective of the outcome of any action, suit or proceeding.
Challenge to Validity. (i) other than as set forth in sub-clause (ii) hereof, any Liens purported to be created under any Loan Document shall cease to be, or shall be asserted by any Loan Party not to be, valid and perfected Liens on Collateral (other than pursuant to the terms hereof or thereof or as a result of acts or omissions of the Agent or any Lender) having a value in excess of $7,500,000, with the priority required by the applicable Loan Documents, except as a result of the sale or other disposition of the applicable Collateral in a transaction permitted under the Loan Documents and in accordance with the terms of the Intercreditor Agreement, or (ii) any Liens purported to be created under any Loan Document shall cease to be, or shall be asserted by any Loan Party not to be, valid and perfected Liens on Inventory or Receivables included in the calculation of Borrowing Capacity (other than pursuant to the terms hereof or thereof or as a result of acts or omissions of the Agent or any Lender) having a value in excess of $750,000, with the priority required by the applicable Loan Documents, except as a result of the sale or other disposition of the applicable Inventory or Receivables in a transaction permitted under the Loan Documents and in accordance with the terms of the Intercreditor Agreement, or (iii) the Indebtedness of the Borrower or the obligations of the Parent or any other Loan Party pursuant to the Guarantee Agreement shall cease to be, or shall be asserted by any Loan Party not to be, legal, valid and binding obligations enforceable in accordance with terms.
Challenge to Validity. 8.1 In the event the Company or a third party contests or otherwise challenges the validity of the Patent Right, the Company shall continue to pay royalties with respect to the patent as if such contest or challenge were not underway until the patent is adjudicated invalid or unenforceable by a court of last resort. In the event any such claims are ultimately held valid by a court of last resort, then the Company shall reimburse PFRM for its actual expenses, including reasonable attorneys fees, incurred in defending said contest of validity.
Challenge to Validity. Nothing in this Agreement limits or affects Employee’s right to challenge the validity of this Agreement under the Age Discrimination in Employment Act of 1967, if applicable or Older Workers Benefit Protection Act of 1990, if applicable.
Challenge to Validity. The party, or any entity or any duly authorized person acting on behalf of such party, disaffirms, disclaims, repudiates or rejects or challenges the validity of this Agreement.
Challenge to Validity. Either Party may terminate the License granted to the other Party hereunder effective upon written notice to the other Party, in the event the other Party files or cooperates in any action that in any way challenges the Licensed Patents, including any challenge to the validity, enforceability, or patentability of the Licensed Patents or allegations of inequitable conduct. A Party’s compliance with a subpoena in connection with a third party action challenging the Licensed Patents is not a ground for the other Party terminating the License.
Challenge to Validity. Tenant shall have the right, after ------------- --------------------- prior written notice to the Landlord, to contest by appropriate legal proceedings ("the proceedings") diligently conducted in good faith, in the name of the Tenant, Landlord, or both, if necessary, without cost or expense to Landlord, the validity or application of the requirements. If compliance with the requirements may be delayed during the proceedings without the incurrence of any lien, charge or liability of any kind against the Premises or the Facility which cannot be bonded and without subjecting Tenant or Landlord to any liability, civil or criminal, for failure to comply with them, Tenant may delay compliance with them until the final determination of the proceedings. Landlord shall execute all documents reasonably necessary for the proceedings.
Challenge to Validity. Westcon, either Borrower or any other Obligor commences any action or proceeding to contest the validity or enforceability of any Loan Document or any lien or security interest or other lien granted or obligations arising under or evidenced by any Loan Document.
