Common use of Invalidity of Subordination Provisions, etc Clause in Contracts

Invalidity of Subordination Provisions, etc. Any subordination provision in any document or instrument governing Subordinated Debt, or any subordination provision in any guaranty by any Subsidiary of any Subordinated Debt, shall cease to be in full force and effect, or any Loan Party or any other Person (including the holder of any applicable Subordinated Debt) shall contest in any manner the validity, binding nature or enforceability of any such provision.

Appears in 33 contracts

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

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Invalidity of Subordination Provisions, etc. Any subordination provision in any document or instrument governing Subordinated Debt, or any subordination provision in any guaranty by any Subsidiary of any Subordinated Debt, shall cease to be in full force and effect, or any Loan Party the Company or any other Person (including the holder of any applicable Subordinated Debt) shall contest in any manner the validity, binding nature or enforceability of any such provision.

Appears in 20 contracts

Samples: Credit Agreement (Penske Automotive Group, Inc.), Credit Agreement (Penske Automotive Group, Inc.), Fourth Amended and Restated Credit Agreement (Penske Automotive Group, Inc.)

Invalidity of Subordination Provisions, etc. Any subordination provision in any document or instrument governing Subordinated Debt, or any subordination provision in any subordination agreement that relates to any Subordinated Debt, or any subordination provision in any guaranty by any Subsidiary Loan Party of any Subordinated Debt, shall cease to be in full force and effect, or any Loan Party or any other Person (including the holder of any applicable Subordinated Debt) shall contest in any manner the validity, binding nature or enforceability of any such provision.

Appears in 16 contracts

Samples: Credit Agreement (A-Mark Precious Metals, Inc.), Credit Agreement (A-Mark Precious Metals, Inc.), Credit Agreement (Primoris Services Corp)

Invalidity of Subordination Provisions, etc. Any subordination provision in any document or instrument governing Subordinated DebtDebt (if any), or any subordination provision in any guaranty by any Subsidiary of any Subordinated Debt, shall cease to be in full force and effect, or any Loan Party or any other Person (including the holder of any applicable Subordinated Debt) shall contest in any manner the validity, binding nature or enforceability of any such provision.

Appears in 4 contracts

Samples: Credit Agreement (Continental Materials Corp), Credit Agreement, Credit Agreement (Continental Materials Corp)

Invalidity of Subordination Provisions, etc. Any subordination provision in any document or instrument governing Subordinated Debt, or any subordination provision in any guaranty by any Subsidiary of any Subordinated Debt, shall cease to be in full force and effect, or any Loan Party the Company or any other Person (including the holder of any applicable applicable. Subordinated Debt) shall contest in any manner the validity, binding nature or enforceability of any such provision.

Appears in 3 contracts

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

Invalidity of Subordination Provisions, etc. Any subordination provision in any document or instrument governing any Subordinated Debt, or any subordination provision in any guaranty by any Subsidiary of any Subordinated Debt, shall cease to be in full force and effect, or any Loan Party the Borrower or any other Person (including the holder of any applicable Subordinated Debt) Subsidiary shall contest in any manner the validity, binding nature or enforceability of any such provision.

Appears in 3 contracts

Samples: Credit Agreement (Mueller Industries Inc), Credit Agreement (Mueller Industries Inc), Credit Agreement (Mueller Industries Inc)

Invalidity of Subordination Provisions, etc. Any subordination provision in any document or instrument governing Subordinated Debt, or any subordination provision in any guaranty by any Subsidiary of any Subordinated Debt, shall cease to be in full force and effecteffect except as a result of a payment in full of the applicable Subordinated Debt in compliance with the applicable subordination provisions, or any Loan Party or any other Person (including the holder of any applicable Subordinated Debt) shall contest in any manner the validity, binding nature or enforceability of any such provision.

Appears in 3 contracts

Samples: Credit Agreement (Digerati Technologies, Inc.), Credit Agreement (Digerati Technologies, Inc.), Credit Agreement (Digerati Technologies, Inc.)

Invalidity of Subordination Provisions, etc. Any subordination provision in any document or instrument governing Subordinated Debt, or any subordination provision in any guaranty by any Subsidiary of any Subordinated Debt, shall cease to be in full force and effecteffect other than pursuant to the terms thereof, or any Loan Party or Guarantor or any other Person (including the holder of any applicable Subordinated Debt) shall contest in any manner the validity, binding nature or enforceability of any such provision.

Appears in 3 contracts

Samples: Credit Agreement (Standard Parking Corp), Credit Agreement (Standard Parking Corp), Credit Agreement (Standard Parking Corp)

Invalidity of Subordination Provisions, etc. Any subordination provision in any document or instrument governing Subordinated Debt, including, without limitation, the Subordination Agreement, or any subordination provision in any guaranty by any Subsidiary of any Subordinated Debt, shall cease to be in full force and effect, or any Loan Party or any other Person (including the holder of any applicable Subordinated DebtLender) shall contest in any manner the validity, binding nature or enforceability of any such provision, or the Obligations shall for any reason not have the priority contemplated by the Subordination Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Pioneer Financial Services Inc), Credit Agreement (Pioneer Financial Services Inc)

Invalidity of Subordination Provisions, etc. Any subordination provision in any document or instrument governing Subordinated Debt (including, but not limited to, the Second Lien Notes Intercreditor Agreement), or any subordination provision in any subordination agreement that relates to any Subordinated Debt, or any subordination provision in any guaranty by any Subsidiary Borrower of any Subordinated Debt, shall cease to be in full force and effect, or any Loan Party Borrower or any other Person (including the holder of any applicable Subordinated Debt) Debt shall contest in any manner the validity, binding nature or enforceability of any such provision.

Appears in 2 contracts

Samples: Loan and Security Agreement (WESTMORELAND COAL Co), Loan and Security Agreement (WESTMORELAND COAL Co)

Invalidity of Subordination Provisions, etc. Any subordination provision in any document or instrument governing Subordinated Debt, Debt or any subordination provision in any guaranty by any Subsidiary of any Subordinated Debt, senior debt shall cease to be in full force and effect, or any Loan Party or any other Person (including the holder of any applicable Subordinated Debt) shall contest in any manner the validity, binding nature or enforceability of any such provision.

Appears in 2 contracts

Samples: Term Loan and Revolving Credit Agreement (Byline Bancorp, Inc.), Revolving Credit Agreement (Byline Bancorp, Inc.)

Invalidity of Subordination Provisions, etc. Any subordination provision in any document or instrument governing Subordinated Debt, or any subordination provision in any guaranty by any Subsidiary of any Subordinated Debt, shall cease to be in full force and effecteffect (other than pursuant to the terms thereof or solely as a result of action taken by the Administrative Agent or the Required Lenders), or any Loan Party or Guarantor or any other Person (including the holder of any applicable Subordinated Debt) shall contest in any manner the validity, binding nature or enforceability of any such provision.

Appears in 2 contracts

Samples: Credit Agreement (SP Plus Corp), Credit Agreement (Standard Parking Corp)

Invalidity of Subordination Provisions, etc. (a) Any subordination provision in any document or instrument governing Subordinated Debt, or any subordination provision in any guaranty by any Subsidiary of any Subordinated Debt, shall cease to be in full force and effect, or any Loan Party or any other Person (including the holder which is an Affiliate of any applicable Subordinated Debt) a Loan Party shall contest in any manner the validity, binding nature or enforceability of any such provision, or (b) any subordination provision in the Navigant Subordination Agreement shall cease to be in full force and effect.

Appears in 2 contracts

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

Invalidity of Subordination Provisions, etc. Any subordination provision in any document or instrument governing Permitted Subordinated Debt, Indebtedness or any subordination provision in any guaranty by any Subsidiary of any Permitted Subordinated DebtIndebtedness, shall cease to be in full force and effect, or any Loan Party or any other Person (including the holder of any applicable Permitted Subordinated DebtIndebtedness) shall contest in any manner the validity, binding nature or enforceability of any such provision.

Appears in 2 contracts

Samples: Credit Agreement (Hill International, Inc.), Credit Agreement (Hill International, Inc.)

Invalidity of Subordination Provisions, etc. Any subordination provision in any document or instrument governing any Subordinated Debt, or any subordination provision in any guaranty by any Subsidiary of any Subordinated Debt, shall cease to be in full force and effect, or any Loan Party or any other Person (including the holder of any applicable Subordinated Debt) shall contest in any manner the validity, binding nature or enforceability of any such provision.

Appears in 2 contracts

Samples: Credit Agreement (Ennis, Inc.), Credit Agreement (Ennis, Inc.)

Invalidity of Subordination Provisions, etc. Any subordination provision in any document or instrument governing Subordinated Debt, or any subordination provision in any guaranty by any Subsidiary of any Subordinated Debt, shall cease to be in full force and effect, or any Loan Party Borrower or any other Person (including the holder of any applicable Subordinated Debt) shall contest in any manner the validity, binding nature or enforceability of any such provision.

Appears in 2 contracts

Samples: Credit Agreement (Thane International Inc), Credit Agreement (Thane International Inc)

Invalidity of Subordination Provisions, etc. Any subordination provision in any document or instrument governing Subordinated Debt, or any subordination provision in any guaranty by any Subsidiary Loan Party of any Subordinated DebtDebt shall, shall in any such case, cease to be in full force and effect, ; or any Loan Party Party, any subordinating party or any other Person (including governmental authority having jurisdiction over any of them or over the holder of any applicable Subordinated Debt) Administrative Agent and/or the Lenders shall contest in any manner judicial or administrative proceeding the validity, binding nature or enforceability of any such provisionprovision or agreement.

Appears in 2 contracts

Samples: Credit Agreement (Russ Berrie & Co Inc), Credit Agreement (Russ Berrie & Co Inc)

Invalidity of Subordination Provisions, etc. Any subordination provision in any document or instrument governing Subordinated Debt, or any subordination provision in any guaranty by any Subsidiary of any Subordinated Debt, shall cease to be in full force and effect, or any Loan Party or LSV or any other Person (including the holder of any applicable Subordinated Debt) shall contest in any manner the validity, binding nature or enforceability of any such provision.

Appears in 1 contract

Samples: Guaranty and Collateral Agreement (Sei Investments Co)

Invalidity of Subordination Provisions, etc. Any subordination provision in any document or instrument governing Subordinated Debt, or any subordination provision in any guaranty by any Subsidiary of any Subordinated Debt, shall cease to be in full force and effect, or any Loan Party or any other Person (including the holder of any applicable Subordinated Debt, unless such Person is also a holder of Obligations which constitute Senior Debt) shall contest in any manner the validity, binding nature or enforceability of any such provision.

Appears in 1 contract

Samples: Credit Agreement (Epiq Systems Inc)

Invalidity of Subordination Provisions, etc. Any subordination provision in any document or instrument governing Subordinated Debt, or any subordination provision in any guaranty by any Subsidiary of any Subordinated Debt, shall cease ceases to be in full force and effect, or any Loan Party or any other Person (including the holder of any applicable such Subordinated Debt) shall contest Debt contests in any manner the validity, binding nature or enforceability of any such provision.

Appears in 1 contract

Samples: Credit Agreement (Weyco Group Inc)

Invalidity of Subordination Provisions, etc. Any subordination provision in any document or instrument governing Subordinated Debt, or any subordination provision in any guaranty by the Company or any Subsidiary of any Subordinated Debt, shall cease to be in full force and effect, or any Loan Party the Company or any other Person (including the holder of any applicable Subordinated Debt) shall contest in any manner the validity, binding nature or enforceability of any such provision.

Appears in 1 contract

Samples: Confirmation Credit Agreement (Tokheim Corp)

Invalidity of Subordination Provisions, etc. Any subordination provision in any document or instrument governing Subordinated Debt, Debt or in any subordination provision agreement in any guaranty by any Subsidiary favor of any Subordinated Debt, the Agent or the Banks relating thereto shall cease to be in full force and effect, or any Loan Party or any other Person (including the holder of any applicable Subordinated Debt) shall contest in any manner the validity, binding nature or enforceability of any such provision.

Appears in 1 contract

Samples: Credit Agreement (Clarion Technologies Inc/De/)

Invalidity of Subordination Provisions, etc. Any subordination provision in any document or instrument governing outstanding Subordinated Debt, or any subordination provision in any guaranty by any Subsidiary of any outstanding Subordinated Debt, shall cease to be in full force and effect, or any Loan Party or any other Person (including the holder of any applicable Subordinated Debt) shall contest in any manner the validity, binding nature or enforceability of any such provision.

Appears in 1 contract

Samples: Credit Agreement (Multi Color Corp)

Invalidity of Subordination Provisions, etc. Any subordination provision in any document or instrument governing Subordinated Debt, or any subordination provision in any guaranty by any Subsidiary of any Subordinated Debt, shall cease to be in full force and effect, or any Loan Related Party or any other Person (including the holder of any applicable Subordinated Debt) shall contest in any manner the validity, binding nature or enforceability of any such provision.

Appears in 1 contract

Samples: Credit Agreement (Ptek Holdings Inc)

Invalidity of Subordination Provisions, etc. Any subordination provision in any document or instrument governing any Subordinated Debt, or any subordination provision in any guaranty by any Subsidiary of any Subordinated Debt, shall cease to be in full force and effect, or any Loan Party Co-Borrower or any other Person (including the holder of any applicable Subordinated Debt) shall contest in any manner the validity, binding nature or enforceability of any such provision.; or

Appears in 1 contract

Samples: Credit Agreement (Ennis, Inc.)

Invalidity of Subordination Provisions, etc. Any Through no fault of Bank, any subordination provision in any document or instrument governing Subordinated Debt, or any subordination provision in any guaranty by any Subsidiary of any Subordinated Debt, shall cease to be in full force and effect, or any Loan Party or any other Person (including the holder of any applicable Subordinated Debt) shall contest in any manner the validity, binding nature or enforceability of any such provision.

Appears in 1 contract

Samples: Credit Agreement (Janel Corp)

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Invalidity of Subordination Provisions, etc. Any subordination -------------------------------------------- provision in any document or instrument governing Subordinated Debt, or any subordination provision in any guaranty by any Subsidiary of any Subordinated Debt, shall cease to be in full force and effect, or any Loan Party the Company, MPM or any other Person (including the holder of any applicable Subordinated Debt) shall contest in any manner the validity, binding nature or enforceability of any such provision.

Appears in 1 contract

Samples: Credit Agreement (College Television Network Inc)

Invalidity of Subordination Provisions, etc. Any material subordination provision in any document or instrument governing Subordinated Debt, or any subordination provision in any subordination agreement that relates to any Subordinated Debt, or any subordination provision in any guaranty by any Subsidiary Loan Party of any Subordinated Debt, shall cease to be in full force and effect, or any Loan Party or any other Person (including the holder of any applicable Subordinated Debt) shall contest in any manner the validity, binding nature or enforceability of any such provision.

Appears in 1 contract

Samples: Loan and Security Agreement (Mammoth Energy Services, Inc.)

Invalidity of Subordination Provisions, etc. Any subordination provision in any document or instrument governing Subordinated Debtany subordination provision in any subordination agreement that relates to any subordinated debt, or any subordination provision in any guaranty by any Subsidiary Loan Party of any Subordinated Debtsubordinated debt, shall cease to be in full force and effecteffect (other than in accordance with its terms), or any Loan Party by, through or any other Person (including the holder on behalf of any applicable Subordinated Debt) Loan Party shall contest in any manner the validity, binding nature or enforceability of any such provisionprovision (other than in accordance with its terms).

Appears in 1 contract

Samples: Credit Agreement (Xponential Fitness, Inc.)

Invalidity of Subordination Provisions, etc. Any subordination provision in any document or instrument governing Subordinated Debt, or any subordination provision in any guaranty by any Subsidiary of any Subordinated Debt, shall cease to be in full force and effect, or any Loan Party or any other Person (including the holder of any applicable Subordinated Debt) shall contest in any manner the validity, binding nature or enforceability of any such provision.; or

Appears in 1 contract

Samples: Credit Agreement (World Fuel Services Corp)

Invalidity of Subordination Provisions, etc. Any subordination provision in any document or instrument governing Subordinated Debtany Debt of any Loan Party intended to be expressly subordinated to the Obligations, if any, or any subordination provision in any guaranty by any Subsidiary of any Subordinated such Debt, shall cease to be in full force and effect, or any Loan Party or any other Person (including the holder of any such applicable Subordinated subordinated Debt) shall contest in any manner the validity, binding nature or enforceability of any such provision.

Appears in 1 contract

Samples: Credit Agreement (Uti Worldwide Inc)

Invalidity of Subordination Provisions, etc. Any subordination provision in any document or instrument governing Subordinated Debt, or any subordination provision in any guaranty by any Subsidiary of any Subordinated Debt, shall cease to be in full force and effect, or any either Loan Party or any Guarantor or any other Person (including the holder of any applicable Subordinated Debt) shall contest in any manner the validity, binding nature or enforceability of any such provision.

Appears in 1 contract

Samples: Credit Agreement (Akorn Inc)

Invalidity of Subordination Provisions, etc. Any subordination provision in any document or instrument governing Subordinated Debt, or any subordination provision in any guaranty by any Subsidiary of any Subordinated Debt, Debt shall cease to be in full force and effect, or the Company, any Loan Party Guarantor or any other Person (including the holder of any applicable Subordinated Debt) shall contest in any manner the validity, binding nature or enforceability of any such provision.

Appears in 1 contract

Samples: Credit Agreement (U S Aggregates Inc)

Invalidity of Subordination Provisions, etc. Any subordination provision in any document or instrument (including, for the avoidance of doubt, the Subordination Agreement) governing Subordinated Debt, any Debt of any Loan Party intended to be expressly subordinated to the Obligations or any subordination provision in any guaranty by any Subsidiary of any Subordinated such Debt, shall cease to be in full force and effect, or any Loan Party or any other Person (including the holder of any such applicable Subordinated subordinated Debt) shall contest in any manner the validity, binding nature or enforceability of any such provision.

Appears in 1 contract

Samples: Credit Agreement (UTi WORLDWIDE INC)

Invalidity of Subordination Provisions, etc. Any subordination provision in any document or instrument governing Subordinated Debt, or any subordination provision in any subordination agreement that relates to any Subordinated Debt, or any subordination provision in any guaranty by any Subsidiary Loan Party of any Subordinated Debt, shall cease to be in full force and effect, or any Loan Party Party, any holder of any Subordinated Debt, or any other Person (including the holder acting by, through, or on behalf of any applicable Subordinated Debt) Loan Party shall contest in any manner the validity, binding nature or enforceability of any such provision.

Appears in 1 contract

Samples: Loan and Security Agreement (Lifeway Foods Inc)

Invalidity of Subordination Provisions, etc. Any Through no fault of the Lender, any subordination provision in any document or instrument governing Subordinated Debt, or any subordination provision in any guaranty by any Subsidiary of any Subordinated Debt, shall cease to be in full force and effect, or any Loan Party or any other Person (including the holder of any applicable Subordinated Debt) shall contest in any manner the validity, binding nature or enforceability of any such provision.

Appears in 1 contract

Samples: Credit Agreement (Janel Corp)

Invalidity of Subordination Provisions, etc. Any ------------------------------------------- subordination provision in any document or instrument governing Subordinated Debt, or any subordination provision in any guaranty by any Subsidiary of any Subordinated Debt, shall cease to be in full force and effecteffect or shall be amended without the prior written consent of the Administrative Agent, or any Loan Party or any other Person (including the holder of any applicable Subordinated Debt) shall contest in any manner the validity, binding nature or enforceability of any such provision.

Appears in 1 contract

Samples: Credit Agreement (Kv Pharmaceutical Co /De/)

Invalidity of Subordination Provisions, etc. Any subordination provision in any document or instrument governing Subordinated DebtDebt (including the Subordinated Debt Documents), or any subordination provision in any guaranty by any Subsidiary of any Subordinated Debt, shall cease to be in full force and effect, or any Loan Party the Company or any other Person (including the holder of any applicable Subordinated Debt) shall contest in any manner the validity, binding nature or enforceability of any such provision.

Appears in 1 contract

Samples: Credit Agreement (Compudyne Corp)

Invalidity of Subordination Provisions, etc. Any subordination provision in any document or instrument governing Subordinated Debt, or any subordination provision in any guaranty by any Subsidiary of any Subordinated Debt, shall cease to be in full force and effect, or any Loan Party MPW Company or any other Person (including the holder of any applicable Subordinated Debt) shall contest in any manner the validity, binding nature or enforceability of any such provision.

Appears in 1 contract

Samples: Credit Agreement (MPW Industrial Services Group Inc)

Invalidity of Subordination Provisions, etc. Any subordination provision in any document or instrument governing any Subordinated Debt, or any subordination provision in any guaranty by any Subsidiary Loan Party of any Subordinated DebtDebt shall, shall in any such case, cease to be in full force and effect, ; or any Loan Party Party, any subordinating party or any other Person (including governmental authority having jurisdiction over any of them or over the holder of any applicable Subordinated Debt) Administrative Agent and/or the Lenders shall contest in any manner judicial or administrative proceeding the validity, binding nature or enforceability of any such provisionprovision or agreement.

Appears in 1 contract

Samples: Credit Agreement (Russ Berrie & Co Inc)

Invalidity of Subordination Provisions, etc. Any subordination provision in any document or instrument governing Subordinated Debt, or any subordination provision in any guaranty by any Subsidiary of any Subordinated Debt, shall cease to be in full force and effect, or the Company, any Loan Party Subsidiary party thereto or any other Person (including the holder of any applicable Subordinated Debt) Debt shall contest in any manner the validity, binding nature or enforceability of any such provision.

Appears in 1 contract

Samples: Credit Agreement (Aar Corp)

Invalidity of Subordination Provisions, etc. Any subordination provision in any document or instrument governing Subordinated Debt, or any subordination provision in any guaranty by any Subsidiary of any Subordinated Debt, shall cease to be in full force and effect, or any Loan Party or any other Person (including the holder of any applicable Subordinated Debt) Company shall contest in any manner the validity, binding nature or enforceability of any such provision.

Appears in 1 contract

Samples: Credit Agreement (American Capital Strategies LTD)

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