Common use of Unenforceability or Termination of Finance Documents Clause in Contracts

Unenforceability or Termination of Finance Documents. Any of the Finance Documents (other than (x) a Direct Agreement in respect of any LNG SPA that is not a Required LNG SPA then in full force and effect or (y) any Direct Agreement in the case where the occurrence of a Loan Facility Event of Default has been triggered by an event affecting the underlying Material Project Agreement or a Senior Debt prepayment remedy or other Loan Facility Event of Default is applicable under the Finance Documents) or any material provision thereof: (i) is expressly repudiated in writing by any party thereto (other than the Collateral Agent, the Account Bank, the Intercreditor Agent or any Facility Lender); (ii) shall have been terminated (other than pursuant to the terms thereof following discharge in full of all obligations thereof or otherwise by agreement in writing of the parties thereto not as a result of a Loan Facility Event of Default hereunder); or (iii) is declared unenforceable in a final judgment of a court of competent jurisdiction against any party (other than the Collateral Agent, the Account Bank, the Intercreditor Agent or any Facility Lender) and such unenforceability is not cured (subject to any applicable Reservations) within five (5) Business Days following the date of entry of such judgment; provided that such five- Business Day period shall apply only so long as the relevant party is attempting in good faith to cure such unenforceability.

Unenforceability or Termination of Finance Documents. Any of the Finance Documents (other than (x) a Direct Agreement in respect of any LNG SPA that is not a Required LNG SPA then in full force and effect or (y) any Direct Agreement in the case where the occurrence of a Loan Facility Event of Default has been triggered by an event affecting the underlying Material Project Agreement or a Senior Debt prepayment remedy or other Loan Facility Event of Default is applicable under the Finance Documents) or any material provision thereof: (i) is expressly repudiated in writing by any party thereto (other than the Collateral Agent, the Account Bank, the Intercreditor Agent or any Facility Lender); (ii) shall have been terminated (other than pursuant to the terms thereof following discharge in full of all obligations thereof or otherwise by agreement in writing of the parties thereto not as a result of a Loan Facility Event of Default hereunder); or (iii) is declared unenforceable in a final judgment of a court of competent jurisdiction against any party (other than the Collateral Agent, the Account Bank, the Intercreditor Agent or any Facility Lender) and such unenforceability is not cured (subject to any applicable Reservations) within five (5) Business Days following the date of entry of such judgment; provided that such five- five-Business Day period shall apply only so long as the relevant party is attempting in good faith to cure such unenforceability.