Common use of Litigation and Other Notices Clause in Contracts

Litigation and Other Notices. Furnish to the Administrative Agent prompt written notice of the following: (a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto; (b) the filing or commencement of, or any 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, against the Borrower or any Affiliate thereof that could reasonably be expected to result in a Material Adverse Effect; (c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower and the Subsidiaries in an aggregate amount exceeding $2,500,000; and (d) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.

Appears in 5 contracts

Sources: Second Lien Credit Agreement (Atp Oil & Gas Corp), First Lien Credit Agreement (Atp Oil & Gas Corp), First Lien Credit Agreement (Atp Oil & Gas Corp)

Litigation and Other Notices. Furnish to the Administrative Agent Agent, the Issuing Bank and each Lender prompt written notice of the following: (a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto; (b) the filing or commencement of, or any 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, against the Borrower or any Affiliate thereof that could reasonably be expected to result in a Material Adverse Effect; (c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower and the Subsidiaries its ERISA Affiliates in an aggregate amount exceeding $2,500,000; and (d) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.

Appears in 5 contracts

Sources: Credit Agreement (Daramic, LLC), Credit Agreement (Polypore International, Inc.), Credit Agreement (Polypore International, Inc.)

Litigation and Other Notices. Furnish to the Administrative Agent Agent, the Issuing Bank and each Lender prompt written notice of the following: (a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto; (b) the filing or commencement of, or any 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, against the Borrower or any Affiliate thereof that could reasonably be expected to result in a Material Adverse Effect; (c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower and the Subsidiaries in an aggregate amount exceeding $2,500,000; and1,000,000. (d) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.

Appears in 4 contracts

Sources: Credit Agreement (Ryan's Restaurant Leasing Company, LLC), Credit Agreement (Buffets Inc), Amendment Agreement (Buffets Holdings, Inc.)

Litigation and Other Notices. Furnish to the Administrative Agent and each Lender prompt written notice of the following: (a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto; (b) the filing or commencement of, or any 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, against the Borrower or any Affiliate thereof that could reasonably be expected to result in a Material Adverse Effect; (c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower and the Subsidiaries in an aggregate amount exceeding $2,500,0001,750,000; and (d) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.

Appears in 2 contracts

Sources: Credit Agreement (Rentech Inc /Co/), Credit Agreement (Rentech Inc /Co/)

Litigation and Other Notices. Furnish to the Administrative Agent Agent, the Issuing Bank and each Lender prompt written notice of the following: (a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto; (b) the filing or commencement of, or any 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, against the Borrower or any Affiliate thereof that could reasonably be expected to result in a Material Adverse Effect; (c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower and the Subsidiaries its ERISA Affiliates in an aggregate amount exceeding $2,500,0001,000,000; and (d) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.

Appears in 2 contracts

Sources: Credit Agreement (Transdigm Inc), Credit Agreement (Marathon Power Technologies Co)

Litigation and Other Notices. Furnish to the Administrative Agent Agent, the Issuing Bank and each Lender prompt written notice of the following: (a) the occurrence of any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto; (b) the filing or commencement of, or any 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, against the Borrower or any Affiliate thereof that could reasonably be expected to result in a Material Adverse Effect;; and (c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower and the its Subsidiaries in an aggregate amount exceeding $2,500,0001,000,000; and (d) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.

Appears in 2 contracts

Sources: Credit Agreement (Neenah Foundry Co), Credit Agreement (Hartley Controls Corp)

Litigation and Other Notices. Furnish to the Administrative Agent Agent, the Issuing Bank and each Lender prompt written notice of the following: (a) the occurrence of any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto; (b) the filing or commencement of, or any 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, against the Borrower or any Affiliate thereof that could reasonably be expected to result in a Material Adverse Effect;; and (c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower and the its Subsidiaries in an aggregate amount exceeding $2,500,0001,000,000; and (d) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.

Appears in 2 contracts

Sources: Credit Agreement (Hartley Controls Corp), Credit Agreement (Neenah Foundry Co)

Litigation and Other Notices. Furnish to the Administrative Agent and the Issuing Bank prompt written notice of the following: (a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto; (b) the filing or commencement of, or any 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, against the Borrower or any Affiliate thereof that could reasonably be expected to result in a Material Adverse Effect; (c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower and the Subsidiaries in an aggregate amount exceeding $2,500,000; and (d) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.

Appears in 2 contracts

Sources: Credit Agreement (Atp Oil & Gas Corp), Third Amended and Restated Credit Agreement (Atp Oil & Gas Corp)

Litigation and Other Notices. Furnish to the Administrative Agent and each Lender prompt written notice of the following: (a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto; (b) the filing or commencement of, or any 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, against the Borrower or any Affiliate thereof that could reasonably be expected to result in a Material Adverse Effect; (c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower and the Subsidiaries in an aggregate amount exceeding $2,500,000250,000; and (d) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.

Appears in 2 contracts

Sources: Credit Agreement (Clearlake Capital Partners, LLC), Credit Agreement (Goamerica Inc)

Litigation and Other Notices. Furnish to the Administrative Agent prompt and each Lender written notice of the followingfollowing promptly after any Responsible Officer of any Loan Party becomes aware thereof: (a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or 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, against the Borrower HMHP or any Affiliate thereof that could reasonably be expected to result in a Material Adverse Effect; (c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower Holdings and the Restricted Subsidiaries in an aggregate amount exceeding $2,500,0005,000,000; and (d) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.

Appears in 2 contracts

Sources: Superpriority Senior Secured Debtor in Possession and Exit Term Loan Credit Agreement (HMH Holdings (Delaware), Inc.), Superpriority Senior Secured Debtor in Possession and Exit Term Loan Credit Agreement (HMH Holdings (Delaware), Inc.)

Litigation and Other Notices. Furnish to the Administrative Agent and each Lender prompt written notice of the following: (a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto; (b) the filing or commencement of, or any 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, against the Borrower or any Affiliate thereof that could reasonably be expected to result in a Material Adverse Effect; (c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower and the Subsidiaries its ERISA Affiliates in an aggregate amount exceeding $2,500,000; and (d) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.

Appears in 1 contract

Sources: Credit Agreement (Rentech Inc /Co/)

Litigation and Other Notices. Furnish to the Administrative Agent Purchaser prompt written notice of the following: (ai) the occurrence of any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto; (bii) the filing or commencement of, or any 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, against the Borrower Company or any Affiliate thereof that could reasonably be expected to result in a Material Adverse Effect;; and (ciii) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower Company and the its Subsidiaries in an aggregate amount exceeding $2,500,0001,000,000; and (div) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.

Appears in 1 contract

Sources: Secured Pik Note Purchase Agreement (Neenah Foundry Co)

Litigation and Other Notices. Furnish to the Administrative Agent Agent, the Issuing Bank and each Lender prompt written notice of the following: (a) the occurrence of any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or 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, against the Borrower Holdings or any Affiliate thereof of its Subsidiaries that could reasonably be expected to result in a Material Adverse Effect; (c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower and the its Subsidiaries in an aggregate amount exceeding $2,500,0001, 000,000; and (d) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.

Appears in 1 contract

Sources: Credit Agreement (American Commercial Lines LLC)

Litigation and Other Notices. Furnish to the Administrative Agent Agent, the Issuing Bank and each Lender prompt written notice of the following: : (a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto; ; (b) the filing or commencement of, or any 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, against the Borrower or any Affiliate thereof that could reasonably be expected to result in a Material Adverse Effect; ; (c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower and the Subsidiaries in an aggregate amount exceeding $2,500,000; and and (d) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.

Appears in 1 contract

Sources: Credit Agreement (CCC Information Services Group Inc)

Litigation and Other Notices. Furnish to the Administrative Agent and each Purchaser prompt written notice of the following: (a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto; (b) the filing or commencement of, or any 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, against the Borrower Issuer or any Affiliate thereof that could reasonably be expected to result in a Material Adverse Effect; (c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower Issuer and the Subsidiaries in an aggregate amount exceeding $2,500,000100,000; and (d) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.

Appears in 1 contract

Sources: Securities Purchase Agreement (TRM Corp)

Litigation and Other Notices. Furnish to the Administrative Agent Agent, the Issuing Bank and each Participant prompt written notice of the following: (a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto; (b) the filing or commencement of, or any 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, against the Borrower Company or any Affiliate thereof that could reasonably be expected to result in a Material Adverse Effect; (c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower Company and the Restricted Subsidiaries in an aggregate amount exceeding $2,500,0002,000,000; and (d) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.

Appears in 1 contract

Sources: Letter of Credit Facility Agreement (Vistancia Marketing, LLC)

Litigation and Other Notices. Furnish The Borrower shall furnish to the Administrative Agent Agent, for distribution to each Lender, prompt written notice when any Responsible Officer of any Loan Party has obtained knowledge of any of the following: (a) any the occurrence of a Default or an Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto; (b) the filing or commencement of, or any 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, (i) against the Borrower or any Affiliate thereof Subsidiary that could reasonably be expected to result in a Material Adverse EffectEffect or (ii) with respect to any Loan Document; (c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower and the Subsidiaries in an aggregate amount exceeding $2,500,000a Material Adverse Effect; and (d) any other development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.

Appears in 1 contract

Sources: Credit Agreement (Salix Pharmaceuticals LTD)

Litigation and Other Notices. Furnish to the Administrative Agent and each Lender prompt written notice of the following: (ai) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto; (bii) the filing or commencement of, or any 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, against the Borrower or any Affiliate thereof that could reasonably be expected to result in a Material Adverse Effect; (ciii) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower and the Subsidiaries in an aggregate amount exceeding $2,500,000100,000; and (div) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.

Appears in 1 contract

Sources: Securities Purchase Agreement (TRM Corp)

Litigation and Other Notices. Furnish to the Administrative Agent Agent, the Issuing Bank and each Lender prompt written notice of the following: (a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto; (b) the filing or commencement of, or any 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, against the Borrower Polypore or any Affiliate thereof that could reasonably be expected to result in a Material Adverse Effect; (c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower Polypore and the Subsidiaries its ERISA Affiliates in an aggregate amount exceeding $2,500,000; and (d) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.

Appears in 1 contract

Sources: Credit Agreement (Polypore, Inc.)

Litigation and Other Notices. Furnish to the Administrative Agent prompt written notice after obtaining knowledge thereof of the following: (a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto; (b) the filing or commencement of, or any 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, (i) against the Borrower or any Affiliate thereof of its Restricted Subsidiaries that could reasonably be expected to result in a Material Adverse EffectEffect or (ii) challenging the validity, enforceability or priority of any Loan Document; (c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower and or the Restricted Subsidiaries in an aggregate amount exceeding $2,500,0005,000,000; (d) the occurrence of a Casualty Event or a series of Casualty Events with a value of at least $5,000,000 or any other event or series of events which could reasonably be expected to adversely affect the value of the Collateral by at least $5,000,000; and (de) any other development that has resulted in, or could would reasonably be expected to result in, a Material Adverse Effect.

Appears in 1 contract

Sources: Credit Agreement (Viskase Companies Inc)

Litigation and Other Notices. Furnish to the Administrative Agent Agent, the Issuing Bank and each Lender prompt written notice of the following: (a) the occurrence of any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or 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, against the Borrower Holdings or any Affiliate thereof of its Subsidiaries that could reasonably be expected to result in a Material Adverse Effect; (c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower and the its Subsidiaries in an aggregate amount exceeding $2,500,0001,000,000; and (d) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.

Appears in 1 contract

Sources: Credit Agreement (Acl Capital Corp)

Litigation and Other Notices. Furnish to the Administrative Agent Agent, the Issuing Bank and each Lender prompt written notice of the following: (a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto; (b) the filing or commencement of, or any 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, against the Borrower or any Affiliate thereof that could reasonably be expected to result in a Material Adverse Effect; (c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower and the Subsidiaries in an aggregate amount exceeding $2,500,000; and (d) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.

Appears in 1 contract

Sources: Credit Agreement (CCC Information Services Group Inc)

Litigation and Other Notices. Furnish to the Administrative Agent and each Lender prompt written notice of the following: (a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto; (b) the filing or commencement of, or any 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, against the Borrower or any Affiliate thereof that could reasonably be expected to result in a Material Adverse Effect; (c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower and the Subsidiaries ERISA Affiliates in an aggregate amount exceeding $2,500,000; and (d) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.

Appears in 1 contract

Sources: Credit Agreement (Rentech Inc /Co/)

Litigation and Other Notices. Furnish to the Administrative Agent (and the Administrative Agent will furnish to the Issuing Bank and each Lender) prompt written notice of the following: (a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto; (b) the filing or commencement of, or any 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, against Holdings, the Borrower or any Affiliate thereof Subsidiary that could reasonably be expected to result in a Material Adverse Effect;; and (c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower and the Subsidiaries in an aggregate amount exceeding $2,500,0001,000,000; and (d) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.

Appears in 1 contract

Sources: Credit Agreement (Monterey Carpets Inc)

Litigation and Other Notices. Furnish The Borrower shall furnish to the Administrative Agent Agent, for distribution to each Lender, prompt written notice when any Responsible Officer of any Loan Party has obtained knowledge of any of the following: (a) any the occurrence of a Default or an Event of Default or Default, specifying the nature and extent thereof and the corrective action steps (if any) taken or proposed to be taken with respect thereto; (b) the filing or commencement of, or any 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, (i) against the Borrower or any Affiliate thereof Subsidiary that could reasonably be expected to result in a Material Adverse EffectEffect or (ii) with respect to any Loan Document; (c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower and the Subsidiaries in an aggregate amount exceeding $2,500,000a Material Adverse Effect; and (d) any other development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.

Appears in 1 contract

Sources: Credit Agreement (Smart Sand, Inc.)