Common use of Failure of Agreements Clause in Contracts

Failure of Agreements. Any provision of this Agreement or any provision of any other Loan Document shall for any reason cease to be valid and binding on the Borrower or any Subsidiary party thereto or any such Person shall so state in writing, other than in accordance with the express terms hereof or thereof.

Appears in 6 contracts

Samples: Credit Agreement (Suburban Propane Partners Lp), Credit Agreement (Suburban Propane Partners Lp), Credit Agreement (Suburban Propane Partners Lp)

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Failure of Agreements. Any provision of this Agreement or any provision of any other Loan Document shall for any reason cease to be valid and binding on the Borrower or any Subsidiary party thereto or any such Person the Borrower shall so state in writing, other than in accordance with the express terms hereof or thereof.

Appears in 5 contracts

Samples: Term Loan Agreement (Hormel Foods Corp /De/), Credit Agreement (Hormel Foods Corp /De/), Credit Agreement

Failure of Agreements. Any provision of this Agreement or any provision of any other Loan Document shall for any reason cease to be valid and binding on the US Borrower or any Subsidiary thereof party thereto or any such Person shall so state in writing, other than in accordance with the express terms hereof or thereof.

Appears in 4 contracts

Samples: Credit Agreement (SCP Pool Corp), Credit Agreement (Pool Corp), Credit Agreement (SCP Pool Corp)

Failure of Agreements. Any provision of this Agreement or any provision of any other Loan Document shall for any reason cease to be valid and binding on the Borrower or any Subsidiary party thereto or any such Person shall so state in writing, or this Agreement or any other Loan Document shall for any reason cease to create a valid and perfected first priority Lien on, or security interest in, any of the collateral purported to be covered thereby, in each case other than in accordance with the express terms hereof or thereof.

Appears in 4 contracts

Samples: Credit Agreement (Hickory Tech Corp), Credit Agreement (Hickory Tech Corp), Credit Agreement (Mindspring Enterprises Inc)

Failure of Agreements. Any provision of this Agreement or any provision of any other Loan Document shall for any reason cease to be valid and binding on the Borrower or any Subsidiary party thereto or any such Person shall so state in writing, other than in accordance with the express terms hereof or thereof.

Appears in 3 contracts

Samples: Revolving Credit Agreement (BlackRock Inc.), Revolving Credit Agreement (BlackRock Inc.), Credit Agreement (BlackRock Inc.)

Failure of Agreements. Any provision of this Agreement or any material provision of any other Loan Document shall for any reason cease to be valid and binding on the either Co-Borrower or any Subsidiary thereof party thereto or any such Person shall so state in writing, other than in accordance with the express terms hereof or thereofthereto.

Appears in 2 contracts

Samples: Credit Agreement (Scientific Games Holdings Corp), Credit Agreement (Scientific Games Holdings Corp)

Failure of Agreements. Any provision of this Agreement or any provision of any other Loan Document shall for any reason cease to be valid and binding on the Borrower or any Subsidiary party thereto or any such Person shall so state in writing, other than in accordance with the express terms hereof or thereof.

Appears in 2 contracts

Samples: Credit Agreement (Performance Food Group Co), Credit Agreement (Performance Food Group Co)

Failure of Agreements. Any provision of this Agreement or any provision of any other Loan Document shall for any reason cease to be valid and binding on the Borrower or any Subsidiary thereof party thereto or any such Person shall so state in writing, other than in accordance with the express terms hereof or thereof.

Appears in 2 contracts

Samples: Year Revolving Credit Agreement (Diamond Offshore Drilling Inc), Credit Agreement (Southwest Gas Corp)

Failure of Agreements. Any provision of this Agreement or any provision of any other Loan Document shall for any reason cease to be valid and binding on the US Borrower or any Subsidiary thereof party thereto or any such Person shall so state in writing, other than in accordance with make any assertion of the express terms hereof or thereofsame.

Appears in 2 contracts

Samples: Credit Agreement (Pool Corp), Credit Agreement (Pool Corp)

Failure of Agreements. Any material provision of this Agreement or any provision of any other Loan Document shall for any reason cease to be valid and binding on the Borrower or any Subsidiary party thereto or any such Person shall so state in writing, in each case other than in accordance with the express terms hereof or thereof.

Appears in 2 contracts

Samples: Credit Agreement (Roanoke Electric Steel Corp), Credit Agreement (Roanoke Electric Steel Corp)

Failure of Agreements. Any provision of this Agreement or any provision of any other Loan Document shall for any reason cease to be valid and binding on the any Borrower or any Subsidiary party thereto or any such Person shall so state in writing, other than in accordance with the express terms hereof or thereof.

Appears in 2 contracts

Samples: Working Capital Credit Agreement (JLG Industries Inc), Credit Agreement (JLG Industries Inc)

Failure of Agreements. Any material provision of this Agreement or any provision of any other Loan Document shall for any reason cease to be valid and binding on the Borrower or any Subsidiary party thereto or any such Person shall so state in writing, other than in accordance with the express terms hereof or thereof.

Appears in 2 contracts

Samples: Unconditional Guaranty Agreement (Quintiles Transnational Corp), Credit Agreement (Performance Food Group Co)

Failure of Agreements. Any provision of this Agreement or any provision of any other Loan Document shall for any reason cease to be valid and binding on the Borrower or any Subsidiary thereof party thereto or any such Person shall so state in writing, other than in accordance with make any assertion of the express terms hereof or thereofsame.

Appears in 2 contracts

Samples: Credit Agreement (Pool Corp), Credit Agreement (Pool Corp)

Failure of Agreements. Any provision of this Agreement or any provision of any other Loan Document shall for any reason cease to be valid and binding on the Borrower or any Subsidiary party thereto or any such Person shall so state in writing, or this Agreement or any other Loan Document shall for any reason cease to create a valid and perfected first priority Lien on, or security interest in, any of the collateral purported to be covered thereby, in each case other than in accordance with the express terms hereof or thereof.. 101

Appears in 1 contract

Samples: Credit Agreement (Hickory Tech Corp)

Failure of Agreements. Any material provision of this Agreement or any provision of any other Loan Document shall for any reason cease to be valid and binding on the any Borrower or any Subsidiary party thereto or any such Person shall so state in writing, other than in accordance with the express terms hereof or thereof.

Appears in 1 contract

Samples: Credit Agreement (Sholodge Inc)

Failure of Agreements. Any provision of this Agreement or any provision of any other Loan Document shall for any reason cease to be valid and binding on the Borrower Company or any Subsidiary other Person party thereto or any such Person shall so state in writing, other than in accordance with the express terms hereof or thereofthereto.

Appears in 1 contract

Samples: Commitment Agreement (Medcath Corp)

Failure of Agreements. Any provision of this Agreement or any provision of any other Loan Document (other than this Agreement) shall for any reason cease to be valid and binding on the Borrower or any Material Subsidiary party thereto or any such Person shall so state in writing, other than in accordance with the express terms hereof or thereof.

Appears in 1 contract

Samples: Credit Agreement (United Companies Financial Corp)

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Failure of Agreements. Any provision of this Agreement or any --------------------- provision of any other Loan Document with respect to any material (in the reasonable judgement thereof) rights and remedies of the Administrative Agent and Lenders hereunder and thereunder shall for any reason cease to be valid and binding on the Borrower or any Subsidiary party thereto or any such Person shall so state in writing, other than in accordance with the express terms hereof or thereof.

Appears in 1 contract

Samples: Credit Agreement (Commonwealth Telephone Enterprises Inc /New/)

Failure of Agreements. Any provision of this Agreement or any provision of any other Loan Document shall for any reason cease to be valid and binding on the Borrower or any Restricted Subsidiary party thereto or any such Person shall so state in writing, or any Loan Document shall for any reason cease to create a valid and perfected first priority Lien on, or 84 security interest in, any of the collateral purported to be covered thereby, in each case other than in accordance with the express terms hereof or thereof.

Appears in 1 contract

Samples: Credit Agreement (DRS Technologies Inc)

Failure of Agreements. Any provision of this Agreement or any provision of any other Loan Document Documents shall for any reason cease to be valid and binding on the any Borrower or any Subsidiary party thereto or any such Person shall so state in writing, or this Agreement or any other Loan Documents shall for any reason cease to create a valid and perfected first priority Lien on, or security interest in, any of the Collateral purported to be covered thereby, in each case other than in accordance with the express terms hereof or thereof.

Appears in 1 contract

Samples: Loan and Security Agreement (United States Lime & Minerals Inc)

Failure of Agreements. Any provision of this Agreement or any provision of any other Loan Document shall for any reason cease to be valid and binding on the Borrower Parent or any Subsidiary thereof party thereto or any such Person shall so state in writing, other than in accordance with the express terms hereof or thereof.

Appears in 1 contract

Samples: Credit Agreement (Diamond Offshore Drilling Inc)

Failure of Agreements. Any provision of this Agreement or any provision of any other Loan Document shall for any reason cease to be valid and binding on the Borrower or any Subsidiary the Guarantor party thereto or any such Person shall so state in writing, other than in accordance with the express terms hereof or thereof.

Appears in 1 contract

Samples: Credit Agreement (Medimmune Inc /De)

Failure of Agreements. Any provision of this Agreement or any provision of any other Loan Document shall for any reason cease to be valid and binding on the any Borrower or any Subsidiary party thereto or any such Person shall so state in writing, other than in accordance with the express terms hereof or thereof.

Appears in 1 contract

Samples: Credit Agreement (Ct Communications Inc /Nc)

Failure of Agreements. Any provision of this Agreement or any provision of any other Loan Document shall for any reason cease to be valid and binding on the any Borrower or any Subsidiary thereof party thereto or any such Person shall so state in writing, other than in accordance with the express terms hereof or thereof.

Appears in 1 contract

Samples: Credit Agreement (Diamond Offshore Drilling, Inc.)

Failure of Agreements. Any material provision of this Agreement or any provision of any other Loan Document shall for any reason cease to be valid and binding on the any Borrower or any Subsidiary party thereto thereof or any such Person shall so state in writing, or this Agreement or any other Loan Document shall for any reason cease to create a valid and perfected first priority Lien on, or security interest in, any of the Collateral purported to be covered thereby, in each case other than in accordance with the express terms hereof or thereof.. (m)

Appears in 1 contract

Samples: Credit Agreement (Acc Corp)

Failure of Agreements. Any provision of this Agreement or any provision of any other Loan Document shall for any reason cease to be valid and binding on the Borrower or any Subsidiary party thereto or any such Person shall so state in writing, or any Security Document shall for any reason cease to create a valid and perfected first priority Lien on, or security interest in, any of the collateral purported to be covered thereby, in each case other than in accordance with the express terms hereof or thereof.

Appears in 1 contract

Samples: Credit Agreement (Optio Software Inc)

Failure of Agreements. Any provision of this --------------------- Agreement or any provision of any other Loan Document shall for any reason cease to be valid and binding on the Borrower Wilmar or any Subsidiary party thereto or any such Person shall so state in writing, or this Agreement or any other Loan Document shall for any reason cease to create a valid and perfected first priority Lien on, or security interest in, any of the collateral purported to be covered thereby, in each case other than in accordance with the express terms hereof or thereof.

Appears in 1 contract

Samples: Credit Agreement (Wilmar Industries Inc)

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