Unenforceability. The fact that any collateral, security, security interest or lien contemplated or intended to be given, created or granted as security for the repayment of the Debt, or any part thereof, shall not be properly perfected or created, or shall prove to be unenforceable or subordinate to any other security interest or lien, it being recognized and agreed by such Borrower Entity that such Borrower Entity is not entering into the Loan Documents in reliance on, or in contemplation of the benefits of, the validity, enforceability, collectibility or value of any of the collateral for the Debt.
Appears in 24 contracts
Samples: Loan Agreement, Mezzanine Loan Agreement (Harrahs Entertainment Inc), Mezzanine Loan Agreement (Harrahs Entertainment Inc)
Unenforceability. The fact that any collateral, security, security interest or lien contemplated or intended to be given, created or granted as security for the repayment of the Debt, or any part thereof, shall not be properly perfected or created, or shall prove to be unenforceable or subordinate to any other security interest or lien, it being recognized and agreed by such Borrower Entity that such Borrower Entity is not entering into the Loan Documents in reliance on, or in contemplation of the benefits of, the validity, enforceability, collectibility collectability or value of any of the collateral for the Debt.
Appears in 10 contracts
Samples: Loan Agreement (Lineage, Inc.), Loan Agreement (Lineage, Inc.), Fourth Mezzanine Loan Agreement (Harrahs Entertainment Inc)
Unenforceability. The fact that any collateral, security, security interest or lien contemplated or intended to be given, created or granted as security for the repayment of the Guaranteed Debt, or any part thereof, shall not be properly perfected or created, or shall prove to be unenforceable or subordinate to any other security interest or lien, it being recognized and agreed by such Borrower Entity Guarantor that such Borrower Entity it is not entering into the Loan Documents this Guaranty in reliance on, or in contemplation of the benefits of, the validity, enforceability, collectibility or value of any of the collateral for the Guaranteed Debt.
Appears in 6 contracts
Samples: Loan Agreement (Natural Gas Services Group Inc), Loan Agreement (Natural Gas Services Group Inc), Guaranty Agreement (Natural Gas Services Group Inc)
Unenforceability. The fact that any collateral, security, security interest or lien contemplated or intended to be given, created or granted as security for the repayment of the DebtObligations, or any part thereof, shall not be properly perfected or created, or shall prove to be unenforceable or subordinate to any other security interest or lien, it being recognized and agreed by such Borrower Entity the Guarantor that such Borrower Entity it is not entering into the Loan Documents this Agreement in reliance on, or in contemplation of the benefits of, the validity, enforceability, collectibility collectability or value of any of the collateral for the DebtObligations.
Appears in 3 contracts
Samples: Non Recourse Carveout Guaranty Agreement (Kennedy Lewis Capital Co), Non Recourse Carveout Guaranty Agreement (Stone Point Credit Corp), Non Recourse Carveout Guaranty Agreement (Apollo Debt Solutions BDC)
Unenforceability. The fact that any collateral, security, security interest or lien contemplated or intended to be given, created or granted as security for the repayment of the Guaranteed Debt, or any part thereof, shall not be properly perfected or created, or shall prove to be unenforceable or subordinate to any other security interest or lien, it being recognized and agreed by such Borrower Entity Guarantor that such Borrower Entity Guarantor is not entering into the Loan Documents this Guaranty in reliance on, or in contemplation of the benefits of, the validity, enforceability, collectibility or value of any of the collateral for the Guaranteed Debt.
Appears in 3 contracts
Samples: Limited Recourse Guaranty (Brookfield DTLA Fund Office Trust Investor Inc.), Guaranty (Stratus Properties Inc), Guaranty (Stratus Properties Inc)
