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 the Pre-Petition Senior Secured Parties; and (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 Borrower, or any of this Agreement or the Orders ceases to provide the security intended to be created thereby with the priority purported to be created thereby.

Appears in 2 contracts

Samples: Debt Agreement (Pacific Ethanol, Inc.), Debtor in Possession 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 (including the further assignment of the Lessee Collateral) 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 the Pre-Petition Senior Secured Parties; andor (iv) any Liens against any of the Collateral (including the Lessee Collateral) cease to be a first priority, perfected security interest in favor of the Collateral Agent, or the enforceability thereof is contested by any Borrower, Loan Party or any of this Agreement or the Orders 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 (Renewable Energy Group, Inc.), Credit Agreement (Renewable Energy Group, 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 or the Pre-Petition Senior Secured Parties; and (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 BorrowerLoan Party or any party (other than a Senior Secured Party) to the Intercreditor Agreement, or any of this Agreement or the Orders 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)

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 the Pre-Petition Senior Secured Parties; and (iv) any Liens against any of the Collateral cease to be a first first-priority, perfected security interest in favor of the Collateral AgentAgent (subject to Permitted Liens), or the enforceability thereof is contested by any BorrowerLoan Party or any party (other than a Senior Secured Party) to the Intercreditor Agreement, or any of this Agreement or the Orders 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 (First United Ethanol 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 or the Pre-Petition Senior Secured Parties; andor (iv) any Liens Lien against any of the Collateral cease ceases to be a first priority, perfected security interest in favor of the Collateral AgentAgent having the priority set forth herein, or the enforceability thereof is contested by any BorrowerLoan Party or any party (other than a Senior Secured Party) to the Intercreditor Agreement, or any of this Agreement or the 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 (First United Ethanol LLC)

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