Inconsistent Terms and Partial Invalidity. In the event of any inconsistency among the terms hereof (including incorporated terms), or between such terms and the terms of any other Loan Document, Lender may elect which terms shall govern and prevail. If any provision of this Agreement, or any section, paragraph, sentence, clause, phrase or word, or the application thereof, in any circumstances, is adjudicated by a court of competent jurisdiction to be invalid, the validity of the remainder of this Agreement shall be construed as if such invalid part were never included herein.
Appears in 7 contracts
Samples: Loan and Security Agreement (Adcare Health Systems, Inc), Loan and Security Agreement (Adcare Health Systems Inc), Loan Agreement (Adcare Health Systems Inc)
Inconsistent Terms and Partial Invalidity. In the event of any inconsistency among the terms hereof (including incorporated terms), or between such terms and the terms of any other Loan Document, Lender may elect which the terms of this Agreement shall govern and prevail. If any provision of this Agreement, or any section, paragraph, sentence, clause, phrase phrase, or word, or the application thereof, in any circumstances, is adjudicated by a court of competent jurisdiction to be invalid, the validity of the remainder of this Agreement shall be construed as if such invalid part were never included herein.
Appears in 4 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (QC Holdings, Inc.), Loan and Security Agreement
Inconsistent Terms and Partial Invalidity. In the event of any inconsistency among the terms hereof (including incorporated terms), or between such terms and the terms of any other Loan Document, Lender may elect which terms shall govern and prevail. If any provision of this Agreement, or any section, paragraph, sentence, clause, phrase or word, or the application thereof, in any circumstances, is adjudicated by a court of competent jurisdiction to be invalid, the validity of the remainder of this Agreement shall be construed as if such invalid part were never included herein.
Appears in 3 contracts
Samples: Loan Agreement (Rw Holdings NNN Reit, Inc.), Construction Loan Agreement (Textura Corp), Loan Agreement (Cornerstone Growth & Income REIT, Inc.)
Inconsistent Terms and Partial Invalidity. In the event of any inconsistency among the terms hereof (including incorporated terms), or between such terms and the terms of any other Loan Document, Lender may elect which terms this Agreement shall govern and prevailbe controlling. If any provision of this Agreement, or any section, paragraph, sentence, clause, phrase phrase, or word, or the application thereof, in any circumstances, is adjudicated by a court of competent jurisdiction to be invalid, the validity of the remainder of this Agreement shall be construed as if such invalid part were never included herein.
Appears in 3 contracts
Samples: Construction Loan Agreement (Hall of Fame Resort & Entertainment Co), Loan Agreement (Hall of Fame Resort & Entertainment Co), Loan Agreement (Hall of Fame Resort & Entertainment Co)
Inconsistent Terms and Partial Invalidity. In the event of any inconsistency among the terms hereof (including incorporated terms), or between such terms and the terms of any other Loan Document, Lender may elect which the terms of this Agreement shall govern and prevail. If any provision of this Agreement, or any section, paragraph, sentence, clause, phrase or word, or the application thereof, in any circumstances, is adjudicated by a court of competent jurisdiction to be invalid, the validity of the remainder of this Agreement shall be construed as if such invalid part were never included herein.
Appears in 1 contract
Inconsistent Terms and Partial Invalidity. In the event of any inconsistency among the terms hereof (including incorporated terms), or between such terms and the terms of any other Loan Document, Lender the Bank may elect which terms shall govern and prevail. If any provision of this Agreement, or any section, paragraph, sentence, clause, phrase or word, or the application thereof, in any circumstances, is adjudicated by a court of competent jurisdiction to be invalid, the validity of the remainder of this Agreement shall be construed as if such invalid part were never included herein.
Appears in 1 contract
Samples: Loan Agreement (Sun Communities Inc)
Inconsistent Terms and Partial Invalidity. In the event of any ----------------------------------------- inconsistency among the terms hereof (including incorporated terms), or between such terms and the terms of any other Loan Document, Lender may elect which the terms of this Agreement shall govern and prevail. If any provision of this Agreement, or any section, paragraphSection, sentence, clause, phrase phrase, or word, or the application thereof, in any circumstances, is adjudicated by a court of competent jurisdiction to be invalid, the validity of the remainder of this Agreement shall be construed as if such invalid part were never included herein.
Appears in 1 contract
