Common use of INVALIDITY OR IMPAIRMENT OF EKN DOCUMENTS Clause in Contracts

INVALIDITY OR IMPAIRMENT OF EKN DOCUMENTS. Subject to Sections 4.3, 4.4 and 4.5, if: (a) EKN unequivocally repudiates the EKN Undertaking or any of the EKN Guarantees or does or causes to be done any act or thing evidencing in writing that it unequivocally intends to repudiate the EKN Undertaking or any of the EKN Guarantees; or (b) at any time any act, condition or thing required to be done, fulfilled or performed in order: (i) to enable EKN lawfully to enter into, exercise its rights under and perform the obligations expressed to be assumed by it in the EKN Undertaking or any of the EKN Guarantees; or (ii) to ensure that the obligations expressed to be assumed by EKN in the EKN Undertaking or any of the EKN Guarantees are legal, valid and binding; or (iii) to make any EKN Document admissible in evidence in any relevant jurisdiction, is not done, fulfilled or performed or any authorization required in connection therewith is withdrawn or revoked; or (c) the EKN Undertaking or any of the EKN Guarantees is declared void or voidable or is otherwise no longer binding upon and enforceable against EKN; or (d) at any time it is or becomes unlawful for EKN to perform or comply with any or all of its obligations under the EKN Undertaking or any of the EKN Guarantees or any of the obligations of EKN under the EKN Undertaking or any of the EKN Guarantees are not or cease to be legal, valid and binding; or (e) EKN ceases to be owned by the Kingdom of Sweden or any material adverse change occurs in the business, financial condition or assets of EKN which has or might, in the reasonable opinion of the Administrative Agent (acting on the instructions of the Required Lenders) be expected to have the result that EKN may not, or will be unable to, perform the EKN Undertaking or any of the EKN Guarantees; or (f) the relevant authorities in the Kingdom of Sweden take any action which materially restricts the ability of EKN to meet its payment obligations under the EKN Undertaking or any of the EKN Guarantees at the time and in the currency in which they are due; or (g) EKN ceases to carry on the business it carries on at the date hereof and, as a result, its ability to perform its material obligations under the EKN Undertaking or any of the EKN Guarantees or the EKN Undertaking or any of the EKN Guarantees is reasonably likely to be materially adversely affected; or (h) EKN fails to execute and deliver to the Administrative Agent on behalf of the Lenders an EKN Guarantee in favor of the Lenders for any Advance made; or (i) any EKN Guarantee ceases for any reason to secure the obligations of the Borrower hereunder (including as a result of the expiry of such EKN Guarantee), then the Administrative Agent may (and, if so instructed by the Required Lenders shall) give notice of such event to the Borrower in writing and the Borrower shall prepay the Advances in full, together with accrued and unpaid interest thereon and all other amounts then due and payable by the Borrower hereunder or under any Loan Document within ninety days (in the case of an EKN Guarantee) or 180 days (in the case of the EKN Undertaking) of the receipt of such notice.

INVALIDITY OR IMPAIRMENT OF EKN DOCUMENTS. Subject to Sections 4.3, 4.4 and 4.5, if: (a) EKN unequivocally repudiates the EKN Undertaking or any of the EKN Guarantees or does or causes to be done any act or thing evidencing in writing that it unequivocally intends to repudiate the EKN Undertaking or any of the EKN Guarantees; or (b) at any time any act, condition or thing required to be done, fulfilled or performed in order: (i) to enable EKN lawfully to enter into, exercise its rights under and perform the obligations expressed to be assumed by it in the EKN Undertaking or any of the EKN Guarantees; or (ii) to ensure that the obligations expressed to be assumed by EKN in the EKN Undertaking or any of the EKN Guarantees are legal, valid and binding; or (iii) to make any EKN Document admissible in evidence in any relevant jurisdiction, is not done, fulfilled or performed or any authorization required in connection therewith is withdrawn or revoked; or (c) the EKN Undertaking or any of the EKN Guarantees is declared void or voidable or is otherwise no longer binding upon and enforceable against EKN; or (d) at any time it is or becomes unlawful for EKN to perform or comply with any or all of its obligations under the EKN Undertaking or any of the EKN Guarantees or any of the obligations of EKN under the EKN Undertaking or any of the EKN Guarantees are not or cease to be legal, valid and binding; or (e) EKN ceases to be owned by the Kingdom of Sweden or any material adverse change occurs in the business, financial condition or assets of EKN which has or might, in the reasonable opinion of the Administrative Agent (acting on the instructions of the Required Lenders) be expected to have the result that EKN may not, or will be unable to, perform the EKN Undertaking or any of the EKN Guarantees; or (f) the relevant authorities in the Kingdom of Sweden take any action which materially restricts the ability of EKN to meet its payment obligations under the EKN Undertaking or any of the EKN Guarantees at the time and in the currency in which they are due; or (g) EKN ceases to carry on the business it carries on at the date hereof and, as a result, its ability to perform its material obligations under the EKN Undertaking or any of the EKN Guarantees or the EKN Undertaking or any of the EKN Guarantees is reasonably likely to be materially adversely affected; or (h) EKN fails to execute and deliver to the Administrative Agent on behalf of the Lenders an EKN Guarantee in favor of the Lenders for any Advance made; or (i) any EKN Guarantee ceases for any reason to secure the obligations of the Borrower hereunder (including as a result of the expiry of such EKN Guarantee), then the Administrative Agent may (and, if so instructed by the Required Lenders shall) give notice of such event to the Borrower in writing and the Borrower shall prepay the Advances in full, together with accrued and unpaid interest thereon and all other amounts then due and payable by the Borrower hereunder or under any Loan Document within ninety ***** days (in the case of an EKN Guarantee) or 180 ***** days (in the case of the EKN Undertaking) of the receipt of such notice.