Common use of Unenforceability of Documentation Clause in Contracts

Unenforceability of Documentation. At any time after the execution and delivery thereof: (i) any material provision of any Financing Document shall cease to be in full force and effect; (ii) any Financing Document is revoked or terminated, becomes unlawful or is declared null and void by a Governmental Authority of competent jurisdiction; (iii) any Financing Document becomes unenforceable, is repudiated or the enforceability thereof is contested or disaffirmed by or on behalf of any party thereto other than the Senior Secured Parties; or (iv) any Liens against any of the Collateral cease to be a first priority, perfected security interest in favor of the Collateral Agent, or the enforceability thereof is contested by any Loan Party, or any of the Security Documents ceases to provide the security intended to be created thereby with the priority purported to be created thereby.

Appears in 3 contracts

Samples: Credit Agreement (Pacific Ethanol, Inc.), Credit Agreement (Pacific Ethanol, Inc.), Credit Agreement (Pacific Ethanol, Inc.)

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Unenforceability of Documentation. At any time after the execution and delivery thereof: (i) any material provision of any Financing Document shall cease to be in full force and effect; (ii) any Financing Document is revoked or terminated, becomes unlawful or is declared null and void by a Governmental Authority of competent jurisdiction; (iii) any Financing Document becomes unenforceable, is repudiated or the enforceability thereof is contested or disaffirmed by or on behalf of any party thereto other than the Senior Secured Parties; orand (iv) any Liens against any of the Collateral cease to be a first priority, perfected security interest in favor of the Collateral Agent, or the enforceability thereof is contested by any Loan Party, or any of the Security Documents ceases to provide the security intended to be created thereby with the priority purported to be created thereby.

Appears in 2 contracts

Samples: Credit Agreement (Pacific Ethanol, Inc.), Credit Agreement (Pacific Ethanol, Inc.)

Unenforceability of Documentation. At any time after the execution and delivery thereof: (i) any material provision of any Financing Document shall cease to be in full force and effect; (ii) any Financing Document is revoked or terminated, becomes unlawful or is declared null and void by a Governmental Authority of competent jurisdiction; (iii) any Financing Document becomes unenforceable, is repudiated or the enforceability thereof is contested or disaffirmed by or on behalf of any party thereto other than the Senior Secured Parties; orand (iv) any Liens against any of the Collateral cease to be a first priority, perfected security interest in favor of the Collateral AgentAgent with the priority set forth in this Agreement, or the enforceability thereof is contested by any Loan Party, Party or any of this Agreement or the Security Documents Orders ceases to provide the security intended to be created thereby with the priority purported to be created thereby.

Appears in 1 contract

Samples: Debt Agreement

Unenforceability of Documentation. At any time after the execution and delivery thereof: (i) any material provision of any Financing Document shall cease to be in full force and effect; (ii) any Financing Document is revoked or terminated, becomes unlawful or is declared null and void by a Governmental Authority of competent jurisdiction; (iii) any Financing Document becomes unenforceable, is repudiated or the enforceability thereof is contested or disaffirmed by or on behalf of any party thereto other than the Senior Secured Parties; orand (iv) any Liens against any of the Collateral cease to be a first first-priority, perfected security interest in favor of the Collateral Agent, or the enforceability thereof is contested by any Loan Party, or any of the Security Documents ceases to provide the security intended to be created thereby with the priority purported to be created thereby.

Appears in 1 contract

Samples: Senior Credit Agreement (Advanced BioEnergy, LLC)

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Unenforceability of Documentation. At any time after the execution and delivery thereof: (i) any material provision of any Financing Document shall cease to be in full force and effect; (ii) any Financing Document is revoked or terminated, becomes unlawful or is declared null and void by a Governmental Authority of competent jurisdiction; (iii) any Financing Document becomes unenforceable, is repudiated or the enforceability thereof is contested or disaffirmed by or on behalf of any party thereto other than the Senior Secured Parties; orand (iv) any Liens against any of the Collateral cease to be a first first-priority, perfected security interest in favor of the Collateral Agent, or the enforceability thereof is contested by any Loan Party, Party or any of the Security Documents ceases to provide the security intended to be created thereby with the priority purported to be created thereby.

Appears in 1 contract

Samples: Credit Agreement (Nova Biosource Fuels, Inc.)

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