Common use of Invalidity of Obligations Clause in Contracts

Invalidity of Obligations. The invalidity, deficiency, illegality or unenforceability of all or any part of the Guaranteed Obligations, or any document or agreement executed in connection with the Guaranteed Obligations, for any reason whatsoever, including, without limitation, the fact that the Guaranteed Obligations, or any part thereof, exceeds the amount permitted by law, the act of creating the Guaranteed Obligations or any party thereof is ultra xxxxx, the officers or representatives executing the documents or otherwise creating the Guaranteed Obligations acted in excess of their authority, the Guaranteed Obligations violates applicable usury laws, Borrower has valid defenses, claims, or offsets (whether at law, in equity, or by agreement) which render the Guaranteed Obligations wholly or partially uncollectible from Borrower, the creation, performance or repayment of the Guaranteed Obligations (or the execution, delivery and performance of any document or instrument representing part of the Guaranteed Obligations, or executed in connection with the Guaranteed Obligations) is illegal, uncollectible, legally impossible, or unenforceable, or the Note, the Security Documents or other documents or instruments pertaining to the Guaranteed Obligations have been forged or otherwise are irregular or not genuine or authentic;

Appears in 2 contracts

Samples: Guaranty Agreement (STW Resources Holding Corp.), Guaranty Agreement (STW Resources Holding Corp.)

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Invalidity of Obligations. The invalidity, deficiency, illegality or unenforceability of all or any part of the Guaranteed Subordinated Obligations, or any document or agreement executed in connection with the Guaranteed Subordinated Obligations, for any reason whatsoever, including, including without limitation, limitation the fact that the Guaranteed Subordinated Obligations, or any part thereof, exceeds exceed the amount permitted by law, the act of creating the Guaranteed Subordinated Obligations or any party part thereof is ultra xxxxxvxxxx, the officers or representatives executing the documents or otherwise creating the Guaranteed Subordinated Obligations acted in excess of their authority, the Guaranteed Subordinated Obligations violates violate applicable usury laws, the Borrower has valid defenses, claims, claims or offsets (whether at law, in equity, equity or by agreement) which render the Guaranteed Subordinated Obligations wholly or partially uncollectible from the Borrower, the creation, performance or repayment of the Guaranteed Subordinated Obligations (or the execution, delivery and performance of any document or instrument representing part of the Guaranteed Obligations, Subordinated Obligations or executed in connection with the Guaranteed Subordinated Obligations, or given to secure the repayment of the Subordinated Obligations) is illegal, uncollectible, legally impossible, impossible or unenforceable, or the Note, the Security Documents this Agreement or other documents or instruments pertaining to the Guaranteed Subordinated Obligations have been forged or otherwise are irregular or not genuine or authentic;

Appears in 1 contract

Samples: Subordinated Credit Agreement (Brigham Exploration Co)

Invalidity of Obligations. The invalidity, deficiency, illegality or unenforceability of all or any part of the Guaranteed Subordinated Obligations, or any document or agreement executed in connection with the Guaranteed Subordinated Obligations, for any reason whatsoever, including, including without limitation, limitation the fact that the Guaranteed Subordinated Obligations, or any part thereof, exceeds exceed the amount permitted by law, the act of creating the Guaranteed Subordinated Obligations or any party part thereof is ultra xxxxx, the officers or representatives executing the documents or otherwise creating the Guaranteed Subordinated Obligations acted in excess of their authority, the Guaranteed Subordinated Obligations violates violate applicable usury laws, the Borrower has valid defenses, claims, claims or offsets (whether at law, in equity, equity or by agreement) which render the Guaranteed Subordinated Obligations wholly or partially uncollectible from the Borrower, the creation, performance or repayment of the Guaranteed Subordinated Obligations (or the execution, delivery and performance of any document or instrument representing part of the Guaranteed Obligations, Subordinated Obligations or executed in connection with the Guaranteed Subordinated Obligations, or given to secure the repayment of the Subordinated Obligations) is illegal, uncollectible, legally impossible, impossible or unenforceable, or the Note, the Security Documents this Agreement or other documents or instruments pertaining to the Guaranteed Subordinated Obligations have been forged or otherwise are irregular or not genuine or authentic;

Appears in 1 contract

Samples: Subordinated Credit Agreement (Brigham Exploration Co)

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Invalidity of Obligations. The invalidity, deficiency, illegality or unenforceability of all or any part of the Guaranteed Obligations, or any document or agreement executed in connection with the Guaranteed Obligations, for any reason whatsoever, including, including without limitation, limitation the fact that (i) the Guaranteed Obligations, or any part thereof, exceeds the amount permitted by law, (ii) the act of creating the Guaranteed Obligations or any party part thereof is ultra xxxxx, (iii) the officers or representatives executing the documents Note, the Indenture or the other Transaction Documents or otherwise creating the Guaranteed Obligations acted in excess of their authority, (iv) the Guaranteed Obligations violates violate applicable usury laws, Borrower (v) the Issuer has valid defenses, claims, claims or offsets other than payment (whether at law, in equity, equity or by agreement) which render the Guaranteed Obligations wholly or partially uncollectible from BorrowerIssuer, (vi) the creation, performance or repayment of the Guaranteed Obligations (or the execution, delivery and performance of any document or instrument representing part of the Guaranteed Obligations, Obligations or executed in connection with the Guaranteed Obligations, or given to secure the repayment of the Obligations) is illegal, uncollectible, legally impossible, uncollectible or unenforceable, or (vii) the Note, the Security Indenture or any of the other Transaction Documents or other documents or instruments pertaining to the Guaranteed Obligations have been forged or otherwise are irregular or not genuine or authentic;, shall not discharge Guarantor’s obligations hereunder, it being agreed that Guarantor shall remain liable hereon regardless of whether Issuer or any other person be found not liable on the Obligations or any part thereof for any reason.

Appears in 1 contract

Samples: Guaranty Agreement (GMH Communities Trust)

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