Common use of Litigation and Other Notices Clause in Contracts

Litigation and Other Notices. Furnish to the Administrative Agent (which the Administrative Agent shall promptly distribute to the Lenders) written notice of the following promptly after any Responsible Officer of Holdings or the Borrower obtains actual knowledge thereof: (a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) proposed to be taken with respect thereto; (b) the filing or commencement of, or any written threat or notice of intention of any person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority or in arbitration, against Holdings, the Borrower or any of its Subsidiaries as to which an adverse determination is reasonably probable and that, if adversely determined, would reasonably be expected to have a Material Adverse Effect; (c) any other development specific to Holdings, the Borrower or any of its Subsidiaries that is not a matter of general public knowledge and that has had, or would reasonably be expected to have, a Material Adverse Effect; and (d) the occurrence of any ERISA Event that, together with all other ERISA Events that have occurred, would reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Sources: First Lien Credit Agreement and Security Agreement (Exela Technologies, Inc.), First Lien Credit Agreement, First Lien Credit Agreement (Exela Technologies, Inc.)

Litigation and Other Notices. Furnish to the Administrative Agent (which the Administrative Agent shall will promptly distribute thereafter furnish to the Lenders) written notice of the following promptly after any Responsible Officer of Holdings or the Borrower obtains actual knowledge thereof: (a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) proposed to be taken with respect thereto; (b) the filing or commencement of, or any written threat or notice of intention of any person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority or in arbitration, against Holdings, the Borrower or any of its the Subsidiaries as to which an adverse determination is reasonably probable and thatwhich, if adversely determined, would reasonably be expected to have a Material Adverse Effect; (c) any other development specific to Holdings, the Borrower or any of its the Subsidiaries that is not a matter of general public knowledge and that has had, or would reasonably be expected to have, a Material Adverse Effect; and (d) the occurrence of any ERISA Event that, together with all other ERISA Events that have occurred, would reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Sources: Credit Agreement (Sprouts Farmers Market, Inc.), Credit Agreement (Sprouts Farmers Market, Inc.), Credit Agreement (Sprouts Farmers Market, Inc.)

Litigation and Other Notices. Furnish to the Administrative Agent (which the Administrative Agent shall will promptly distribute thereafter furnish to the LendersLenders and L/C Issuers) written notice of the following promptly after any Responsible Officer of Holdings Parent or the Borrower obtains actual knowledge thereof: (a) any Default or Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) proposed to be taken with respect thereto; (b) the filing or commencement of, or any written threat or notice of intention of any person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority or in arbitration, against Holdings, the Borrower Parent or any of its the Subsidiaries as to which an adverse determination is reasonably probable and thatwhich, if adversely determined, would reasonably be expected to have a Material Adverse Effect; (c) any other development specific to Holdings, the Borrower Parent or any of its the Subsidiaries that is not a matter of general public knowledge and that has had, or would reasonably be expected to have, a Material Adverse Effect; and (d) the development or occurrence of any ERISA Event that, together with all other ERISA Events that have developed or occurred, would reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Sources: Credit Agreement (EVERTEC, Inc.), Credit Agreement (EVERTEC, Inc.), Credit Agreement (EVERTEC, Inc.)

Litigation and Other Notices. Furnish to the Administrative Agent (which the Administrative Agent shall will promptly distribute thereafter furnish to the Lenders) written notice of the following promptly after any Responsible Officer of Holdings or the Borrower obtains actual knowledge thereof: (a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) proposed to be taken with respect thereto; (b) the filing or commencement of, or any written non-frivolous threat or notice of intention of any person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority or in arbitration, against Holdings, the Borrower or any of its the Subsidiaries as to which an adverse determination is reasonably probable and thatwhich, if adversely determined, would reasonably be expected to have a Material Adverse Effect; (c) the occurrence of any other development event specific to Holdings, the Borrower or any of its the Subsidiaries that is not a matter of general public knowledge and that has had, had or would reasonably be expected to have, have a Material Adverse Effect; and (d) the occurrence of any ERISA Event that, together with all other ERISA Events that have occurred, would reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Sources: Credit Agreement (Driven Brands Holdings Inc.), Credit Agreement (Driven Brands Holdings Inc.), Credit Agreement (Driven Brands Holdings Inc.)

Litigation and Other Notices. Furnish to the Administrative Agent (which the Administrative Agent shall will promptly distribute thereafter furnish to the Lenders) written notice of the following promptly after any Responsible Officer of Holdings or the Borrower obtains actual knowledge thereof: (ai) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) proposed to be taken with respect thereto; (bii) the filing or commencement of, or any written threat or notice of intention of any person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority or in arbitration, against Holdings, the Borrower or any of its Subsidiaries as to which an adverse determination is reasonably probable and thatwhich, if adversely determined, would reasonably be expected to have a Material Adverse Effect; (ciii) any other development specific to Holdings, the Borrower or any of its Subsidiaries that is not a matter of general public knowledge and that has had, or would reasonably be expected to have, a Material Adverse Effect; and (div) the occurrence development of any ERISA Event that, together with all other ERISA Events that have developed or occurred, would reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Sources: Credit Agreement (Metals Usa Holdings Corp.), Abl Credit Agreement (Noranda Aluminum Holding CORP), Credit Agreement (Noranda Aluminum Holding CORP)

Litigation and Other Notices. Furnish to the Administrative Agent (which the Administrative Agent shall will promptly distribute thereafter furnish to the Lenders) written notice of the following promptly after any Responsible Officer of Holdings or the Borrower obtains actual knowledge thereof: (a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) proposed to be taken with respect thereto; (b) the filing or commencement of, or any written threat or notice of intention of any person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority or in arbitration, against Holdings, the Borrower or any of its the Subsidiaries as to which an adverse determination is reasonably probable and thatwhich, if adversely determined, would reasonably be expected to have a Material Adverse Effect; (c) any other development specific to Holdings, the Borrower or any of its the Subsidiaries that is not a matter of general public knowledge and that has had, or would reasonably be expected to have, a Material Adverse Effect; and (d) the development or occurrence of any ERISA Event that, together with all other ERISA Events that have developed or occurred, would reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Sources: Credit Agreement (Great Wolf Resorts, Inc.), Credit Agreement (EVERTEC, Inc.), Credit Agreement (TII Smart Solutions, Sociedad Anonima)

Litigation and Other Notices. Furnish to the Administrative Agent (which the Administrative Agent shall promptly distribute to the Lenders) written notice of the following promptly after any Responsible Officer of Holdings or the Term Borrower obtains actual knowledge thereof: (a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) proposed to be taken with respect thereto; (b) the filing or commencement of, or any written threat or notice of intention of any person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority or in arbitration, against Holdings, the Term Borrower or any of its the Subsidiaries as to which an adverse determination is reasonably probable and thatwhich, if adversely determined, would could reasonably be expected to have a Material Adverse Effect; (c) any other development specific to Holdings, the Term Borrower or any of its the Subsidiaries that is not a matter of general public knowledge and that has had, or would could reasonably be expected to have, a Material Adverse Effect; and (d) the occurrence of any ERISA Event thatEvent, that together with all other ERISA Events that have occurred, would could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Sources: Credit Agreement (BCP Crystal Holdings Ltd. 2), Credit Agreement (Celanese CORP)

Litigation and Other Notices. Furnish to the Administrative Agent (which the Administrative Agent shall will promptly distribute thereafter furnish to the Lenders) written notice of the following promptly after any Responsible Officer of Holdings or the Borrower Company obtains actual knowledge thereof: (a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) proposed to be taken with respect thereto; (b) the filing or commencement of, or any written threat or notice of intention of any person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority or in arbitration, against Holdings, the either Borrower or any of its the Subsidiaries as to which an adverse determination is reasonably probable and thatwhich, if adversely determined, would reasonably be expected to have a Material Adverse Effect; (c) any other development specific to Holdings, the either Borrower or any of its the Subsidiaries that is not a matter of general public knowledge and that has had, or would reasonably be expected to have, a Material Adverse Effect; and (d) the occurrence of any ERISA Event that, together with all other ERISA Events that have occurred, would reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Sources: Credit Agreement (Presidio, Inc.), Credit Agreement (Presidio, Inc.)

Litigation and Other Notices. Furnish to the Administrative Agent (which the Administrative Agent shall will promptly distribute thereafter furnish to the Lenders) written notice of the following promptly after any Responsible Officer of Holdings or the Borrower Company obtains actual knowledge thereof: (a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) proposed to be taken with respect thereto; (ba) the filing or commencement of, or any written threat or notice of intention of any person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority or in arbitration, against Holdings, the Borrower Company or any of its the Subsidiaries as to which an adverse determination is reasonably probable and thatwhich, if adversely determined, would reasonably be expected to have a Material Adverse Effect; (cb) any other development specific to Holdings, the Borrower Company or any of its the Subsidiaries that is not a matter of general public knowledge and that has had, or would reasonably be expected to have, a Material Adverse Effect; and (dc) the occurrence development of any ERISA Event that, together with all other ERISA Events that have developed or occurred, would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Revolving Credit Agreement (Berry Plastics Holding Corp)

Litigation and Other Notices. Furnish to the Administrative Agent (which the Administrative Agent shall will promptly distribute thereafter furnish to the Lenders) written notice of the following promptly after any Responsible Officer of Intermediate Holdings or the Borrower obtains actual knowledge thereof: (a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) proposed to be taken with respect thereto; (b) the filing or commencement of, or any written threat or notice of intention of any person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority or in arbitration, against Holdings, the Borrower Intermediate Holdings or any of its the Subsidiaries as to which an adverse determination is reasonably probable and thatwhich, if adversely determined, would reasonably be expected to have a Material Adverse Effect; (c) any other development specific to Holdings, the Borrower Intermediate Holdings or any of its the Subsidiaries that is not a matter of general public knowledge and that has had, or would reasonably be expected to have, a Material Adverse Effect; and (d) the occurrence development of any ERISA Event that, together with all other ERISA Events that have developed or occurred, would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Senior Secured Debtor in Possession Term Loan Agreement (Momentive Performance Materials Inc.)

Litigation and Other Notices. Furnish to the Administrative Agent (which the Administrative Agent shall will promptly distribute thereafter furnish to the Lenders) written notice of the following promptly after any Responsible Officer of Holdings or the Borrower Company obtains actual knowledge thereof: (a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) proposed to be taken with respect thereto; (b) the filing or commencement of, or any written threat or notice of intention of any person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority or in arbitration, against Holdings, the Borrower Company or any of its the Subsidiaries as to which an adverse determination is reasonably probable and thatwhich, if adversely determined, would reasonably be expected to have a Material Adverse Effect; (c) any other development specific to Holdings, the Borrower Company or any of its the Subsidiaries that is not a matter of general public knowledge and that has had, or would reasonably be expected to have, a Material Adverse Effect; and (d) the occurrence development of any ERISA Event that, together with all other ERISA Events that have developed or occurred, would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Revolving Credit Agreement (Covalence Specialty Adhesives LLC)

Litigation and Other Notices. Furnish to the Administrative Agent (which the Administrative Agent shall will promptly distribute thereafter furnish to the Lenders) written notice of the following promptly after any Responsible Officer of Holdings or the Borrower obtains actual knowledge thereof: (a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) proposed to be taken with respect thereto; (b) the filing or commencement of, or any written threat or notice of intention of any person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority or in arbitration, against Holdings, the Borrower or any of its Subsidiaries as to which an adverse determination is reasonably probable and thatwhich, if adversely determined, would reasonably be expected to have a Material Adverse Effect; (c) any other development specific to Holdings, the Borrower or any of its Subsidiaries that is not a matter of general public knowledge and that has had, or would reasonably be expected to have, a Material Adverse Effect; and (d) the occurrence development of any ERISA Event that, together with all other ERISA Events that have developed or occurred, would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit Agreement (Noranda Aluminum Acquisition CORP)

Litigation and Other Notices. Furnish to the Administrative Agent (which the Administrative Agent shall will promptly distribute thereafter furnish to the Lenders) written notice of the following promptly after any Responsible Officer of Holdings or the Borrower Borrowers obtains actual knowledge thereof: (a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) proposed to be taken with respect thereto; (b) the filing or commencement of, or any written threat or notice of intention of any person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority or in arbitration, against Holdings, the Borrower Borrowers or any of its the Subsidiaries as to which an adverse determination is reasonably probable and thatwhich, if adversely determined, would reasonably be expected to have a Material Adverse Effect; (c) any other development specific to Holdings, the Borrower Borrowers or any of its the Subsidiaries that is not a matter of general public knowledge and that has had, or would reasonably be expected to have, a Material Adverse Effect; and (d) the occurrence of any ERISA Event that, together with all other ERISA Events that have occurred, would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: First Lien Credit Agreement (Zurn Water Solutions Corp)

Litigation and Other Notices. Furnish to the Administrative Agent (which the Administrative Agent shall will promptly distribute thereafter furnish to the Lenders) written notice of the following promptly after any Responsible Officer of Holdings or the Borrower Borrowers obtains actual knowledge thereof: (a) i. any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) proposed to be taken with respect thereto; (b) ii. the filing or commencement of, or any written threat or notice of intention of any person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority or in arbitration, against Holdings, the Borrower Borrowers or any of its the Subsidiaries as to which an adverse determination is reasonably probable and thatwhich, if adversely determined, would reasonably be expected to have a Material Adverse Effect; (c) iii. any other development specific to Holdings, the Borrower Borrowers or any of its the Subsidiaries that is not a matter of general public knowledge and that has had, or would reasonably be expected to have, a Material Adverse Effect; and (d) iv. the occurrence of any ERISA Event that, together with all other ERISA Events that have occurred, would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit Agreement (Zurn Water Solutions Corp)

Litigation and Other Notices. Furnish to the Administrative Agent (which the Administrative Agent shall will promptly distribute thereafter furnish to the Lenders) written notice of the following promptly after any Responsible Officer of Holdings or the Borrower obtains actual knowledge thereof: : (a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) proposed to be taken with respect thereto; ; (b) the filing or commencement of, or any written non-frivolous threat or notice of intention of any person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority or in arbitration, against Holdings, the Borrower or any of its the Subsidiaries as to which an adverse determination is reasonably probable and thatwhich, if adversely determined, would reasonably be expected to have a Material Adverse Effect; ; (c) the occurrence of any other development event specific to Holdings, the Borrower or any of its the Subsidiaries that is not a matter of general public knowledge and that has had, had or would reasonably be expected to have, have a Material Adverse Effect; and and (d) the occurrence of any ERISA Event that, together with all other ERISA Events that have occurred, would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit Agreement (Driven Brands Holdings Inc.)

Litigation and Other Notices. Furnish to the Administrative Agent (which the Administrative Agent shall will promptly distribute thereafter furnish to the Lenders) written notice of the following promptly after any Responsible Officer of Holdings or the a Borrower obtains actual knowledge thereof: (ai) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) proposed to be taken with respect thereto; (bii) the filing or commencement of, or any written threat or notice of intention of any person Person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority or in arbitration, against Holdings, the any Borrower or any of its Subsidiaries as to which an adverse determination is reasonably probable and thatwhich, if adversely determined, would reasonably be expected to have a Material Adverse Effect; (ciii) any other development specific to Holdings, the any Borrower or any of its Subsidiaries that is not a matter of general public knowledge and that has had, or would reasonably be expected to have, a Material Adverse Effect; and (div) the occurrence development of any ERISA Event that, together with all other ERISA Events that have developed or occurred, would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Post Petition Credit Agreement (Noranda Aluminum Holding CORP)

Litigation and Other Notices. Furnish to the Administrative Agent (which the Administrative Agent shall promptly distribute to the Lenders) written notice of the following promptly after any Responsible Officer of Holdings HoldingsParent or the Borrower obtains actual knowledge thereof: (a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) proposed to be taken with respect thereto; (b) the filing or commencement of, or any written threat or notice of intention of any person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority or in arbitration, against Holdings, the Borrower BorrowerParent or any of its theits Subsidiaries as to which an adverse determination is reasonably probable and thatwhich, if adversely determined, would could reasonably be expected to have a Material Adverse Effect; (c) any other development specific to HoldingsHoldingsParent, the Borrower or any of its the Subsidiaries that is not a matter of general public knowledge and that has had, or would could reasonably be expected to have, a Material Adverse Effect; and (d) the occurrence of any ERISA Event thatEvent, that together with all other ERISA Events that have occurred, would could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit Agreement (Foundation Coal Holdings, Inc.)

Litigation and Other Notices. Furnish to the Administrative Agent (which the Administrative Agent shall promptly distribute to the Lenders) written notice of the following promptly after any Responsible Officer of Holdings or the U.S. Borrower obtains actual knowledge thereof: (a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) proposed to be taken with respect thereto; (b) the filing or commencement of, or any written threat or notice of intention of any person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority or in arbitration, against Holdings, the U.S. Borrower or any of its the Subsidiaries as to which an adverse determination is reasonably probable and thatwhich, if adversely determined, would could reasonably be expected to have a Material Adverse Effect; (c) any other development specific to Holdings, the U.S. Borrower or any of its the Subsidiaries that is not a matter of general public knowledge and that has had, or would could reasonably be expected to have, a Material Adverse Effect; and (d) the occurrence of any ERISA Event thatEvent, that together with all other ERISA Events that have occurred, would could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit Agreement (Nalco Energy Services Equatorial Guinea LLC)