Common use of Litigation or Other Proceedings Clause in Contracts

Litigation or Other Proceedings. promptly upon any officer of ------------------------------- Company obtaining knowledge of (a) the institution of, or non-frivolous threat of, any action, suit, proceeding (whether administrative, judicial or otherwise), governmental investigation or arbitration against or affecting Company or any of its Subsidiaries or any property of Company or any of its Subsidiaries (collectively, "PROCEEDINGS") not previously disclosed in writing by Company to Lenders or (b) any material development in any Proceeding that, in any case: (1) if adversely determined, has a reasonable possibility of giving rise to a Material Adverse Effect; or (2) seeks to enjoin or otherwise prevent the consummation of, or to recover any damages or obtain relief as a result of, the transactions contemplated hereby; written notice thereof together with such other information as may be reasonably available to Company to enable Lenders and their counsel to evaluate such matters;

Litigation or Other Proceedings. promptly upon any officer of ------------------------------- Company Holdings or Borrower obtaining knowledge of (a) the institution of, or non-frivolous threat of, any action, suit, proceeding (whether administrative, judicial or otherwise), governmental investigation or arbitration against or affecting Company Holdings or any of its Subsidiaries or any property of Company Holdings or any of its Subsidiaries (collectively, "PROCEEDINGS") not previously disclosed in writing by Company Holdings to Lenders or (b) any material development in any Proceeding that, in any case: (1) if adversely determined, has a reasonable possibility of giving rise to a Material Adverse Effect; or (2) seeks to enjoin or otherwise prevent the consummation of, or to recover any damages or obtain relief as a result of, the transactions contemplated hereby; written notice thereof together with such other information as may be reasonably available to Company Holdings to enable Lenders and their counsel to evaluate such matters;

Litigation or Other Proceedings. promptly upon any officer Responsible ------------------------------- Officer of ------------------------------- Holdings or Company obtaining knowledge of (a) the institution of, or non-frivolous threat of, any action, suit, proceeding (whether administrative, judicial or otherwise), governmental investigation or arbitration against or affecting Company Holdings or any of its Subsidiaries or any property of Company Holdings or any of its Subsidiaries (collectively, "PROCEEDINGS") not previously disclosed in writing by Holdings or Company to Lenders or (b) any material development in any Proceeding that, in any case: (1) if adversely determined, has a reasonable possibility of giving rise to a Material Adverse Effect; or (2) seeks to enjoin or otherwise prevent the consummation of, or to recover any damages or obtain relief as a result of, the transactions contemplated hereby; written notice thereof together with such other information as may be reasonably available to Holdings or Company to enable Lenders and their counsel to evaluate such matters;

Litigation or Other Proceedings. promptly upon any officer Responsible ------------------------------- Officer of ------------------------------- Holdings or Company obtaining knowledge of (a) the institution of, or non-frivolous threat of, any action, suit, proceeding (whether administrative, judicial or otherwise), governmental investigation or arbitration against or affecting Company Holdings or any of its Subsidiaries or any property of Company Holdings or any of its Subsidiaries (collectively, "PROCEEDINGSProceedings") not previously disclosed in writing by Holdings or Company to Lenders or (b) any material development in any Proceeding that, in any case: (1) if adversely determined, has a reasonable possibility of giving rise to a Material Adverse Effect; or (2) seeks to enjoin or otherwise prevent the consummation of, or to recover any damages or obtain relief as a result of, the transactions contemplated hereby; written notice thereof together with such other information as may be reasonably available to Holdings or Company to enable Lenders and their counsel to evaluate such matters;

Litigation or Other Proceedings. promptly upon any officer of ------------------------------- Holdings or Company obtaining knowledge of (a) the institution of, or non-frivolous threat of, any action, suit, proceeding (whether administrative, judicial or otherwise), governmental investigation or arbitration against or affecting Company any Loan Party or any of its Subsidiaries or any property of Company any Loan Party or any of its Subsidiaries (collectively, "PROCEEDINGS") not previously disclosed in writing by Company to Lenders or (b) any material development in any Proceeding that, in any case:the case of (a) or (b): (1) if adversely determined, has a reasonable possibility of giving rise to a Material Adverse Effect; or (2) seeks to enjoin or otherwise prevent the consummation of, or to recover any damages or obtain relief as a result of, the transactions contemplated hereby; written notice thereof together with such other information as may be reasonably available to Company to enable Lenders and their counsel to evaluate such matters;

Litigation or Other Proceedings. promptly upon any officer of ------------------------------- Company Holdings obtaining knowledge of (aX) the institution of, or non-frivolous threat of, any action, suit, proceeding (whether administrative, judicial or otherwise), governmental investigation or arbitration against or affecting Company Holdings or any of its Subsidiaries or any property of Company Holdings or any of its Subsidiaries (collectively, "PROCEEDINGS") not previously disclosed in writing by Company Holdings to the Lenders or (bY) any material development in any Proceeding that, in any case: (1) if adversely determined, has a reasonable possibility of giving rise to a Material Adverse Effect; or (2) seeks to enjoin or otherwise prevent the consummation of, or to recover any damages or obtain relief as a result of, the transactions contemplated hereby; written notice thereof together with such other information as may be reasonably available to Company Holdings to enable Lenders and their counsel to evaluate such matters;

Litigation or Other Proceedings. promptly upon any officer Executive Officer of ------------------------------- Company Borrower obtaining knowledge of (aX) the institution of, or (in the good faith judgment of Borrower) non-frivolous threat of, any action, suit, proceeding (whether administrative, judicial or otherwise), governmental investigation or arbitration against or affecting Company Holdings or any of its Subsidiaries or any property of Company Holdings or any of its Subsidiaries (collectively, "PROCEEDINGS"“Proceedings”) not previously disclosed in writing by Company Borrower to Lenders or (bY) any material development in any Proceeding that, in any case: (1) if adversely determined, has a reasonable possibility probability of giving rise to a Material Adverse Effect; or (2) seeks to enjoin or otherwise prevent the consummation of, or to recover any damages or obtain relief as a result of, the transactions contemplated hereby; written notice thereof together with such other information as may be reasonably available to Company Borrower to enable Lenders and their counsel to evaluate such matters;

Litigation or Other Proceedings. promptly Promptly upon any officer of ------------------------------- Company any Credit Party obtaining knowledge of (ai) the institution of, or non-frivolous threat of, any action, suit, proceeding (whether administrative, judicial or otherwise), governmental investigation or arbitration against or affecting Company the Borrower or any of its Subsidiaries or any property of Company the Borrower or any of its Subsidiaries (collectively, "PROCEEDINGS"“Proceedings”) not previously disclosed in writing by Company a Credit Party to the Lenders or (bii) any material development in any Proceeding that, in any case: (1A) if adversely determined, has a reasonable possibility of giving rise to a Material Adverse Effect; or (2B) seeks to enjoin or otherwise prevent the consummation of, or to recover any damages or obtain relief as a result of, the transactions contemplated hereby; written notice thereof together with such other information as may be reasonably available to Company the Credit Parties to enable the Lenders and their counsel to evaluate such matters;

Litigation or Other Proceedings. (a) promptly upon any officer of ------------------------------- Company the Borrowers obtaining knowledge of (aX) the institution of, or non-frivolous threat of, any action, suit, proceeding (whether administrative, judicial or otherwise), governmental investigation or arbitration against or affecting Company any Borrower or any of its respective Subsidiaries or any property of Company any Borrower or any of its respective Subsidiaries (collectively, "PROCEEDINGS") not previously disclosed in writing by Company the Borrowers to the Lenders or (bY) any material development in any Proceeding that, in any case: (1) if adversely determined, has a reasonable possibility of giving rise to a Material Adverse Effect; or (2) seeks to enjoin or otherwise prevent the consummation of, or to recover any damages or obtain relief as a result of, the transactions contemplated hereby; written notice thereof together with such other information as may be reasonably available to Company the Borrowers to enable the Lenders and their counsel to evaluate such matters;

Litigation or Other Proceedings. promptly upon any officer Specified Officer of ------------------------------- Company any Loan Party obtaining knowledge of (aX) the institution of, or non-frivolous nonfrivolous threat of, any action, suit, proceeding (whether administrative, judicial or otherwise), governmental investigation or arbitration against or affecting Company Holdings or any of its Subsidiaries or any property of Company Holdings or any of its Subsidiaries (collectively, "PROCEEDINGS") not previously disclosed in writing by Company to Lenders or (bY) any material development in any Proceeding that, in any case: (1) if adversely determined, has a reasonable possibility of giving rise to a Material Adverse Effect; or (2) seeks to enjoin or otherwise prevent the consummation of, or to recover any damages or obtain relief as a result of, the transactions contemplated herebyto occur or which have occurred pursuant to the Loan Documents; written notice thereof together with such other information as may be reasonably available to Company to enable Lenders and their counsel to evaluate such matters;

Litigation or Other Proceedings. promptly upon any ------------------------------- officer of ------------------------------- Company obtaining knowledge of (a) the institution of, or non-non- frivolous threat of, any action, suit, proceeding (whether administrative, judicial or otherwise), governmental investigation or arbitration against or affecting Company Holdings or any of its Subsidiaries or any property of Company Holdings or any of its Subsidiaries (collectively, "PROCEEDINGSProceedings") not previously disclosed in writing by Company to Lenders or (b) any material development in any Proceeding that, in any case: (1) if adversely determined, has a reasonable possibility of giving rise to a Material Adverse Effect; or (2) seeks to enjoin or otherwise prevent the consummation of, or to recover any damages or obtain relief as a result of, the transactions contemplated hereby; written notice thereof together with such other information as may be reasonably available to Company to enable Lenders and their counsel to evaluate such matters;

Litigation or Other Proceedings. promptly Promptly upon any officer of ------------------------------- Company any Borrower obtaining knowledge of (a) the institution of, or non-frivolous threat of, any action, suit, proceeding (whether administrative, judicial or otherwise), governmental investigation or arbitration against or affecting Company any Borrower or any of its Subsidiaries subsidiaries or any property of Company any Borrower or any of its Subsidiaries (collectively, "PROCEEDINGS"``Proceedings'') not previously disclosed in writing by Company a Borrower to Lenders Lender or (b) any material development in any Proceeding that, in any case: (1a) if adversely determined, has a reasonable possibility of giving rise to an Event of Default or a Material Adverse Effect; or (2b) seeks to enjoin or otherwise prevent the consummation of, or to recover any damages or obtain relief as a result of, the transactions contemplated hereby; written notice thereof together with such other information as may be reasonably available to Company Borrowers to enable Lenders Lender and their counsel to evaluate such matters;.

Litigation or Other Proceedings. promptly upon any executive or senior officer of ------------------------------- Company Borrower obtaining knowledge of (aX) the institution of, or non-frivolous threat of, any action, suit, proceeding (whether administrative, judicial or otherwise), governmental investigation or arbitration against or affecting Company Borrower or any of its Subsidiaries or any property of Company Borrower or any of its Subsidiaries (collectively, "PROCEEDINGSProceedings") not previously disclosed in writing by Company Borrower to Lenders or (bY) any material development in any Proceeding that, in any case: (1) if adversely determined, has a reasonable possibility of giving rise to an Event of Default or a Material Adverse Effect; or (2) seeks to enjoin or otherwise prevent the consummation of, or to recover any damages or obtain relief as a result of, the transactions contemplated hereby; written notice thereof together with such other information as may be reasonably available to Company Borrower to enable Lenders and their counsel to evaluate such matters;

Litigation or Other Proceedings. promptly upon any officer Responsible ------------------------------- Officer of ------------------------------- Company obtaining knowledge of (aX) the institution of, or non-frivolous nonfrivolous threat of, any material action, suit, proceeding (whether administrative, judicial or otherwise), Environmental Claim, governmental investigation or arbitration against or affecting Company or any of its Subsidiaries or any property of Company or any of its Subsidiaries (collectively, "PROCEEDINGSProceedings") not previously disclosed in writing by ----------- Company to Lenders the Administrative Agent or (bY) any material development in any Proceeding that, in any case: (1a) if adversely determined, has a reasonable possibility of giving rise could reasonably be expected to have a Material Adverse Effect; or (2b) seeks to enjoin or otherwise prevent the consummation of, or to recover any damages or obtain relief as a result of, the transactions contemplated hereby; written notice thereof together with such other information as may be reasonably available to Company to enable the Lenders and their counsel to evaluate such matters;

Litigation or Other Proceedings. promptly upon any officer Responsible ------------------------------- Officer of ------------------------------- Holdings or Company obtaining knowledge of (a) the institution of, or non-frivolous threat of, any action, suit, proceeding (whether administrative, judicial or otherwise), governmental investigation or arbitration against or affecting Company Holdings or any of its Subsidiaries or any property of Company Holdings or any of its Subsidiaries (collectively, "PROCEEDINGS"``Proceedings'') not previously disclosed in writing by Holdings or Company to Lenders or (b) any material development in any Proceeding that, in any case: (1) if adversely determined, has a reasonable possibility of giving rise to a Material Adverse Effect; or (2) seeks to enjoin or otherwise prevent the consummation of, or to recover any damages or obtain relief as a result of, the transactions contemplated hereby; 110 written notice thereof together with such other information as may be reasonably available to Holdings or Company to enable Lenders and their counsel to evaluate such matters;

Litigation or Other Proceedings. promptly upon any officer of ------------------------------- Company obtaining knowledge of (aX) the institution of, or non-frivolous threat of, any action, suit, proceeding (whether administrative, judicial or otherwise), governmental investigation or arbitration against or affecting Company or any of its Subsidiaries or any property of Company or any of its Subsidiaries (collectively, "PROCEEDINGS") not previously disclosed in writing by Company to Lenders or (bY) any material development in any Proceeding that, in any case: (1) if adversely determined, has a reasonable possibility of giving rise to a Material Adverse Effect; or (2) seeks to enjoin or otherwise prevent the consummation of, or to recover any damages or obtain relief as a result of, the transactions contemplated hereby; written notice thereof together with such other information as may be reasonably available to Company to enable Lenders and their counsel to evaluate such matters;

Litigation or Other Proceedings. promptly upon any officer of ------------------------------- Company Holdings or Borrower obtaining knowledge of (a) the institution of, or non-non- frivolous threat of, any action, suit, proceeding (whether administrative, judicial or otherwise), governmental investigation or arbitration against or affecting Company Holdings or any of its Subsidiaries or any property of Company Holdings or any of its Subsidiaries (collectively, "PROCEEDINGSProceedings") not previously disclosed in writing by Company Holdings to Lenders or (b) any material development in any Proceeding that, in any case: (1) if adversely determined, has a reasonable possibility of giving rise to a Material Adverse Effect; or (2) seeks to enjoin or otherwise prevent the consummation of, or to recover any damages or obtain relief as a result of, the transactions contemplated hereby; written notice thereof together with such other information as may be reasonably available to Company Holdings to enable Lenders and their counsel to evaluate such matters;