Common use of Impairment of Security, etc Clause in Contracts

Impairment of Security, etc. Any Loan Document, or any Lien granted thereunder, shall (except in accordance with its terms), in whole or in part, terminate, cease to be in full force and effect or cease to be the legally valid, binding and enforceable obligation of any Obligor party thereto; the Borrower or any other Obligor shall, directory or indirectly, contest in any manner the effectiveness, validity, binding nature or enforceability thereof; or any Lien securing any Obligation shall, in whole or in part, cease to be a perfected first priority Lien, subject only to those exceptions expressly permitted by the Loan Documents, except to the extent any event referred to above (a) relates to assets of the Borrower or any of its Subsidiaries, if any, which are immaterial, (b) results from the failure of the Administrative Agent to maintain possession of certificates representing securities pledged under any Pledge Agreement or to file continuation statements under the Uniform Commercial Code of any applicable jurisdiction or (c) is covered by a lender's title insurance policy and the relevant insurer promptly after the occurrence thereof shall have acknowledged in writing that the same is covered by such title insurance policy.

Appears in 1 contract

Samples: Credit Agreement (Wilson Greatbatch Technologies Inc)

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Impairment of Security, etc. Any Loan Document, or any Lien granted thereunder, shall (except in accordance with its termsterms or pursuant to an agreement of the parties thereto), in whole or in part, terminate, cease to be in full force and effect or cease to be the legally valid, binding and enforceable obligation of any Obligor party thereto; the Borrower Company or any other Obligor shall, directory directly or indirectly, contest in any manner the effectiveness, validity, binding nature or enforceability thereof; or any Lien securing any Obligation shall, in whole or in part, cease to be a perfected first priority Lien, subject only 148 157 to those exceptions expressly permitted by the Loan Documents, except to the extent any event referred to above (a) relates to assets of the Borrower Company or any of its Immaterial Subsidiaries, if any, which are immaterial, (b) results from the failure of the Administrative Agent to maintain possession of certificates representing securities pledged under any Pledge Agreement or to file continuation statements under the Uniform Commercial Code of any applicable jurisdiction or (c) is covered by a lender's title insurance policy and the relevant insurer promptly after the occurrence thereof shall have acknowledged in writing that the same is covered by such title insurance policy.

Appears in 1 contract

Samples: Credit Agreement (Thermadyne Holdings Corp /De)

Impairment of Security, etc. (a) Any Loan Document, or any Lien granted thereunder, shall (except in accordance with its terms), in whole or in part, terminate, cease to be in full force and effect effective or cease to be the legally valid, binding and enforceable obligation of any Obligor party thereto; ; (b) the Borrower Borrower, any other Obligor or any other Obligor party shall, directory directly or indirectly, contest in any manner the such effectiveness, validity, binding nature or enforceability thereofenforceability; or or (c) any Lien securing any Obligation shall, in whole or in part, cease to be a perfected first priority Lien, subject only only, in each case, to those exceptions expressly permitted by the such Loan Documents, Document except to the extent any event referred to above (ai) relates to assets of the Borrower or any of its Subsidiaries, if any, Subsidiaries which are immaterial, (bii) results from the failure of the Administrative Agent to maintain possession of certificates representing securities pledged under any Pledge Agreement or to file continuation statements under the Uniform Commercial Code UCC of any applicable jurisdiction or (ciii) is covered by a lender's ’s title insurance policy and the relevant insurer promptly after the occurrence thereof shall have acknowledged in writing that the same is covered by such title insurance policy.

Appears in 1 contract

Samples: Revolving Credit Agreement (Royster-Clark Inc)

Impairment of Security, etc. Any Loan Document, or any Lien granted thereunder, shall (except in accordance with its terms), in whole or in part, terminate, cease to be in full force and effect or cease to be the legally valid, binding and enforceable obligation of any Obligor party thereto; the Borrower or any other Obligor shall, directory directly or indirectly, contest in any manner the effectiveness, validity, binding nature or enforceability thereof; or any Lien securing any Obligation shall, in whole or in part, cease to be a perfected first priority Lien, subject only to those exceptions expressly permitted by the such Loan DocumentsDocument, except to the extent any event referred to above (a) relates to assets of the Borrower or any of its Subsidiaries, if any, Subsidiaries which are immaterial, (b) results from the failure of the Administrative Agent to maintain possession of certificates representing securities pledged under any Pledge Agreement or to file continuation statements under the Uniform Commercial Code of any applicable jurisdiction or (c) is covered by a lender's title insurance policy and the relevant insurer promptly after the occurrence thereof shall have acknowledged in writing that the same is covered by such title insurance policy.

Appears in 1 contract

Samples: Credit Agreement (Keebler Corp)

Impairment of Security, etc. Any Loan Document, or any Lien granted thereunder, shall (except in accordance with its terms), in whole or in part, terminate, cease to be in full force and effect effective or cease to be the legally valid, binding and enforceable obligation of any Obligor party thereto; (b) the Borrower Borrower, any other Obligor or any other Obligor party shall, directory directly or indirectly, contest in any manner the such effectiveness, validity, binding nature or enforceability thereofenforceability; or (c) any Lien securing any Obligation shall, in whole or in part, cease to be a perfected first priority Lien, subject only to those exceptions expressly permitted by the such Loan Documents, Document except to the extent any event referred to above (a) relates to assets of the Borrower or any of its Subsidiaries, if any, Subsidiaries which are immaterial, (b) results from the failure of the Administrative Agent to maintain possession of certificates representing securities pledged under any Pledge Security Agreement or to file continuation statements under the Uniform Commercial Code of any applicable jurisdiction or (c) is covered by a lender's title insurance policy and the relevant insurer promptly after the occurrence thereof shall have acknowledged in writing that the same is covered by such title insurance policy.

Appears in 1 contract

Samples: Credit Agreement (Nextel Partners Inc)

Impairment of Security, etc. Any Loan Document, Document or any Lien granted thereunder, thereunder shall (except in accordance with its terms), in whole or in part, terminate, cease to be in full force and effect or cease to be the legally valid, binding and enforceable obligation of any Obligor party thereto; the Borrower any Obligor or any other Obligor party shall, directory directly or indirectly, contest in any manner the such effectiveness, validity, binding nature or enforceability thereofof any Lien; or or, except as permitted under any Loan Document, any Lien securing any Obligation shall, in whole or in part, cease to be a perfected first priority Lien, Lien subject only to those exceptions expressly permitted by the Loan Documents, except to the extent of any event referred to above (a) relates to assets of the Borrower or any of its Subsidiaries, if any, Borrowers and their respective Subsidiaries which are immaterial, (b) results from the failure of the Administrative Agent to maintain possession of certificates representing securities pledged under any the Pledge and Security Agreement or to file financing or continuation statements under the Uniform Commercial Code of any applicable jurisdiction or (c) is covered by a lender's title insurance policy and the relevant insurer promptly after the occurrence thereof shall have acknowledged in writing that the same is covered by such title insurance policy.

Appears in 1 contract

Samples: Credit Agreement (Von Hoffmann Holdings Inc)

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Impairment of Security, etc. Any Loan Document, or any Lien granted thereunder, shall (except in accordance with its terms), in whole or in part, terminate, cease to be in full force and effect or cease to be the legally valid, binding and enforceable obligation of any Obligor party thereto; the Borrower Company or any other Obligor shall, directory directly or indirectly, contest in any manner the effectiveness, validity, binding nature or enforceability thereof; or any Lien securing any Obligation shall, in whole or in part, cease to be a perfected first priority Lien, subject only to those exceptions expressly permitted by the Loan Documents, except to the extent any event referred to above (a) relates to assets of the Borrower Company or any of its Subsidiaries, if any, Subsidiaries which are immaterial, (b) results from the failure of the Administrative Agent to maintain possession of certificates representing securities pledged under any Pledge Agreement or to file continuation statements under the Uniform Commercial Code of any applicable jurisdiction or (c) is covered by a lender's title insurance policy and the relevant insurer promptly after the occurrence thereof shall have acknowledged in writing that the same is covered by such title insurance policy.

Appears in 1 contract

Samples: Credit Agreement (Formica Corp)

Impairment of Security, etc. Any Loan Document, or any Lien granted thereunder, shall (except in accordance with its termsterms or pursuant to an agreement of the parties thereto), in whole or in part, terminate, cease to be in full force and effect or cease to be the legally valid, binding and enforceable obligation of any Obligor party thereto; the Borrower Company or any other Obligor shall, directory directly or indirectly, contest in any manner the effectiveness, validity, binding nature or enforceability thereof; or any Lien securing any Obligation shall, in whole or in part, cease to be a perfected first priority Lien, subject only to those exceptions expressly permitted by the Loan Documents, except to the extent any event referred to above (a) relates to assets of the Borrower Company or any of its Subsidiaries, if any, Subsidiaries which are immaterial, (b) results from the failure of the Administrative Agent to maintain possession of certificates representing securities pledged under any Pledge Agreement or to file continuation statements under the Uniform Commercial Code of any applicable jurisdiction or (c) is covered by a lender's title insurance policy and the relevant insurer promptly after the occurrence thereof shall have acknowledged in writing that the same is covered by such title insurance policy.

Appears in 1 contract

Samples: Credit Agreement (Formica Corp)

Impairment of Security, etc. (a) Any Loan Document, or any Lien granted thereunder, shall (except in accordance with its terms), in whole or in part, terminate, cease to be in full force and effect effective or cease to be the legally valid, binding and enforceable obligation of any Obligor party thereto; (b) the Borrower Borrower, any other Obligor or any other Obligor party shall, directory directly or indirectly, contest in any manner the such effectiveness, validity, binding nature or enforceability thereofenforceability; or (c) any Lien securing any Obligation shall, in whole or in part, cease to be a perfected first priority Lien, subject only to those exceptions expressly permitted by the such Loan Documents, Document except to the extent any event referred to above (a) relates to assets of the Borrower or any of its Subsidiaries, if any, Subsidiaries which are immaterial, (b) results from the failure of the Administrative Agent to maintain possession of certificates representing securities pledged under any Pledge Security Agreement or to file continuation statements under the Uniform Commercial Code of any applicable jurisdiction or (c) is covered by a lender's title insurance policy and the relevant insurer promptly after the occurrence thereof shall have acknowledged in writing that the same is covered by such title insurance policy.

Appears in 1 contract

Samples: Credit Agreement (Nextel Partners Inc)

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