Effectiveness of Transaction Documents. The Transaction Documents are in full force and effect. The Guarantor agrees that the foregoing representations and warranties shall be deemed to have been made by the Guarantor on the date hereof, the date of each Utilisation Request by BFE and each Utilisation Date under the Facility Agreement, on and as of all such dates.
Effectiveness of Transaction Documents. (a) It is or becomes unlawful for any Obligor to perform any of its obligations under the Finance Documents.
(b) It is or becomes unlawful for any Obligor to perform any of its material obligations under the Transaction Documents (other than a Finance Document).
(c) Any Transaction Document is not effective or terminated in accordance with its terms (except for any termination pursuant to a Permitted Transaction provided that immediately following that Permitted Transaction an equivalent Transaction Document is entered into in form and substance satisfactory to the Facility Agent and on terms which are substantially the same as the terms of the relevant Transaction Document prior to the Permitted Transaction) or following the expiry of any prescribed term of that Transaction Document or is alleged by an Obligor to be ineffective in accordance with its terms for any reason.
(d) A Security Document does not create a Security Interest it purports to create.
(e) An Obligor repudiates or revokes a Transaction Document or evidences an intention to repudiate or revoke a Transaction Document to which it is a party.
Effectiveness of Transaction Documents. Simultaneously herewith, the parties have each executed and delivered the Shareholder Agreement, dated as of the date hereof (the "Shareholder Agreement") and the Registration Rights Agreement, dated as of the date hereof (the "Registration Rights Agreement") a copy of each of which is attached hereto. Each of the Shareholder Agreement and the Registration Rights Agreement shall become effective in accordance with their terms immediately upon the consummation of the Repurchase and the Exchange.
Effectiveness of Transaction Documents. (i) It is or becomes unlawful for an ING Party to perform any of its obligations under the Transaction Documents to which it is a party.
(ii) Any Transaction Document (other than the 2012 Deed of Disclosed Pledge) is not effective in accordance with its terms or is alleged by an ING Party to be ineffective in accordance with its terms for any reason.
(iii) An ING Party disaffirms, disclaims, repudiates, rejects or rescinds a Transaction Document or evidences an intention to disaffirm, disclaim, repudiate, reject or rescind repudiate a Transaction Document.
Effectiveness of Transaction Documents. (a) Any Transaction Document ceases to be in full force and effect.
(b) It is or becomes unlawful for any Obligor to perform any of its material obligations under the Transaction Documents.
(c) Any Transaction Document is alleged by an Obligor to be ineffective for any reason.
(d) A Security Document does not create the security it purports to create in a manner and to an extent reasonably considered by the Majority Lenders to be materially adverse to the interests of the Lenders under the Finance Documents.
(e) An Obligor repudiates a Transaction Document or evidences an intention to repudiate a Transaction Document.
Effectiveness of Transaction Documents. (a) It is or becomes unlawful for an Obligor or any member of the Group to perform any of its obligations under the Transaction Documents, other than, after the Acquisition Date, the Company Note or the Loan Note.
(b) Any Finance Document is not effective in accordance with its terms or is alleged by an Obligor to be ineffective in accordance with its terms for any reason.
(c) Any material term of Transaction Document, other than a Finance Document or, after the Acquisition Date, the Company Note or the Loan Note is not effective in accordance with its terms or is alleged by an Obligor to be ineffective in accordance with its terms for any reason.
(d) Any party (other than a Finance Party) to a Finance Document repudiates a Finance Document, disclaims a liability under any Finance Document or evidences an intention to repudiate a Finance Document or disclaim a liability under any Finance Document.
(e) Any party to Transaction Document, other than a Finance Document or, after the Acquisition Date, the Company Note or the Loan Note, (each a “Relevant Document”) repudiates a Relevant Document, disclaims a liability under any Relevant Document or evidences an intention to repudiate a Relevant Document or disclaim a liability under any Relevant Document and this has or is reasonably likely to have a Material Adverse Effect.
(f) A Security Document does not create the Security it purports to create.
Effectiveness of Transaction Documents. It is or becomes unlawful for the SPE, Seller 2 Administrator to perform any of its obligations under the Transaction Documents.
Effectiveness of Transaction Documents. Each Transaction Document shall be effective upon its execution and delivery by the parties to such Transaction Document, provided that the Joint Venture Agreement and the Project Company Articles of Association are subject to the approval of Shaanxi DOC and shall become effective upon the receipt of such approval. In the event of any conflict between the provisions of any Transaction Document and the provisions of this Agreement, (a) if such conflict is between the Joint Venture Agreement and the provisions of this Agreement, then the provisions of this Agreement shall prevail, and (b) if such conflict is between any Transaction Document other than the Joint Venture Agreement and this Agreement, then the provisions of the applicable Transaction Document (other than the Joint Venture Agreement) shall prevail.
Effectiveness of Transaction Documents. It is or becomes unlawful for an Obligor to perform any of its obligations under the Transaction Documents, any Transaction Document is (or is alleged by an Obligor to be for any reason) invalid, ineffective or unenforceable and such unlawfulness, invalidity, ineffectiveness or unenforceability has a Material Adverse Effect, or an Obligor repudiates or rescinds or purports to repudiate or rescind a Transaction Document.
Effectiveness of Transaction Documents. The effectiveness of the Purchase Agreement and Transaction Documents will be conditioned upon final approval of all rezoning legislation necessary for the Project.
