Common use of Notice of Certain Matters Clause in Contracts

Notice of Certain Matters. Give Agents written notice of the following promptly after any executive officer of U.S. Borrower, Canadian Borrower or U.K. Borrower shall become aware of the same: (a) the issuance by any applicable Governmental Authority having jurisdiction in the matter of any injunction, order or other restraint prohibiting, or having the effect of prohibiting, the performance of this Agreement, any other Loan Document, or the making of the Loans or the acceptance and purchase of Bankers' Acceptances or the initiation of any litigation, or any claim or controversy which would reasonably be expected to result in the initiation of any such litigation, seeking any such injunction, order or other restraint; (b) the filing or commencement of any action, suit or proceeding, whether at law or in equity or by or before any court or any Governmental Authority involving claims in excess of $1,000,000 or which could reasonably be expected to result in a Default hereunder; and (c) any Event of Default or Default, specifying the nature and extent thereof and the action (if any) which is proposed to be taken with the respect thereto. Borrowers will also notify Agents in writing at least 30 days prior to the date that any Obligor changes its name or the location of its chief executive office or principal place of business or the place where it keeps its books and records. After the Effective Date, Borrowers will notify Agents in writing at least 45 days prior to any Borrower's or any of their Subsidiaries' (other than Excluded Subsidiaries and other than Foreign Subsidiaries which are not Subsidiaries of Canadian Borrower or U.K. Borrower) acquisition of any real Property or any material personal Property having aggregate fair market value in excess of $2,500,000, wherever located, other than the Collateral covered by the Security Documents (such acquisition or ownership being herein called an "Additional Collateral Event" and the Property so acquired or owned being herein called "Additional Collateral").

Notice of Certain Matters. Give Agents written notice of the following promptly after any executive officer of U.S. Borrower, Canadian Borrower or U.K. Borrower shall become aware of the same: (a) the issuance by any applicable Governmental Authority having jurisdiction in the matter court or governmental agency or authority of any injunction, order or other restraint prohibiting, or having the effect of prohibiting, the performance of this Agreement, any other Loan Document, or the making of the Loans or the acceptance and purchase of Bankers' Acceptances or the initiation of any litigation, or any claim or controversy which would reasonably be expected to result in the initiation of any such litigation, seeking any such injunction, order or other restraint; (b) the filing or commencement of any action, suit or proceeding, whether at law or in equity or by or before any court or any Governmental Authority involving claims in excess of $1,000,000 or which could reasonably be expected to result in a Default hereunder; and (c) any Event of Default or Default, specifying the nature and extent thereof and the action (if any) which is proposed to be taken with the respect thereto. Borrowers will also notify Agents in writing at least 30 days prior to the date that any Obligor changes its name or the location of its chief executive office or principal place of business or the place where it keeps its books and records. After the Effective Date, Borrowers will notify Agents in writing at least 45 days prior to any Borrower's or any of their Subsidiaries' (other than Excluded Subsidiaries and other than Foreign Subsidiaries which are not Subsidiaries of Canadian Borrower or U.K. Borrower) acquisition of any real Property or any material personal Property having aggregate fair market value in excess of $2,500,000, wherever located, other than the Collateral covered by the Security Documents (such acquisition or ownership being herein called an "Additional Collateral Event" and the Property so acquired or owned being herein called "Additional Collateral").

Notice of Certain Matters. Give Agents written notice of the following promptly after any executive officer of U.S. Borrower, Canadian Borrower or U.K. Borrower shall become aware of the same: (a) the issuance by any applicable Governmental Authority having jurisdiction in the matter of any injunction, order or other restraint prohibiting, or having the effect of prohibiting, the performance of this Agreement, any other Loan Document, or the making of the Loans or the acceptance and purchase of Bankers' ’ Acceptances or the initiation of any litigation, or any claim or controversy which would reasonably be expected to result in the initiation of any such litigation, seeking any such injunction, order or other restraint; (b) the filing or commencement of any action, suit or proceeding, whether at law or in equity or by or before any court or any Governmental Authority involving claims in excess of $1,000,000 5,000,000 or which could reasonably be expected to result in a Default hereunder; and (c) any Event of Default or Default, specifying the nature and extent thereof and the action (if any) which is proposed to be taken with the respect thereto. Borrowers will also notify Agents in writing at least 30 days prior to the date that any Obligor changes its name or the location of its chief executive office or principal place of business or the place where it keeps its books and records. After the Effective Date, Borrowers will notify Agents in writing at least 45 days prior to any Borrower's ’s or any of their Subsidiaries' ’ (other than Excluded Subsidiaries and other than Foreign Subsidiaries which are not Subsidiaries of Canadian Borrower or U.K. Borrower) acquisition of any real Property or any material personal Property having aggregate fair market value in excess of $2,500,000, wherever located, other than the Collateral covered by the Security Documents (such acquisition or ownership being herein called an "“Additional Collateral Event" ” and the Property so acquired or owned being herein called "“Additional Collateral"”).

Notice of Certain Matters. Give Agents Agent written notice of the following promptly after any executive officer of U.S. Borrower, Canadian Borrower or U.K. Borrower shall become aware of the same: (a) the issuance by any applicable Governmental Authority having jurisdiction in the matter court or governmental agency or authority of any injunction, order or other restraint prohibiting, or having the effect of prohibiting, the performance of this Agreement, any other Loan Document, or the making of the Loans or the acceptance and purchase of Bankers' Acceptances or the initiation of any litigation, or any claim or controversy which would reasonably be expected to result in the initiation of any such litigation, seeking any such injunction, order or other restraint; (b) the filing or commencement of any action, suit or proceeding, whether at law or in equity or by or before any court or any Governmental Authority involving claims in excess of $1,000,000 250,000 or which could reasonably be expected to result in a Default hereunder; and (c) any Event of Default or Default, specifying the nature and extent thereof and the action (if any) which is proposed to be taken with the respect thereto. Borrowers Borrower will also notify Agents Agent in writing at least 30 days prior to the date that it or any Obligor of its Subsidiaries changes its name or the location of its chief executive office or principal place of business or the place where it keeps its books and records. After the Effective Date, Borrowers Borrower will notify Agents Agent in writing at least 45 days prior to any Borrower's or any of their its Subsidiaries' (other than Excluded Subsidiaries and other than Foreign Subsidiaries which are not Subsidiaries of Canadian Borrower or U.K. BorrowerSubsidiaries) acquisition of any real Property or any material personal Property having aggregate fair market value in excess of $2,500,0001,000,000, wherever located, other than the Collateral covered by the Security Documents (such acquisition or ownership being herein called an "Additional Collateral Event" and the Property so acquired or owned being herein called "Additional Collateral").

Notice of Certain Matters. Give Agents Agent written notice of the following promptly (and in any event within five Business Days) after any executive officer of U.S. Borrower, Canadian Borrower or U.K. Borrower shall become aware of the same: (a) the issuance by any applicable Governmental Authority having jurisdiction in the matter court or governmental agency or authority of any injunction, order or other restraint prohibiting, or having the effect of prohibiting, the performance of this Agreement, any other Loan Document, or the making of the Loans or the acceptance and purchase of Bankers' Acceptances or the initiation of any litigation, or any claim or controversy which would reasonably be expected to result in the initiation of any such litigation, seeking any such injunction, order or other restraint; (b) the filing or commencement of any action, suit or proceeding, whether at law or in equity or by or before any court or any Governmental Authority involving claims in excess of $1,000,000 (exclusive of claims covered by insurance) or which could may reasonably be expected to result in a Default hereunder; and; (c) any Event of Default or Default, specifying the nature and extent thereof and the action (if any) which is proposed to be taken with the respect thereto; (d) the incurrence of material burdensome restrictions under contracts or applicable law which could reasonably be expected to have a Material Adverse Effect and any other event (including strikes, labor disputes or loss of use of material patents or trademarks) which could reasonably be expected to have a Material Adverse Effect; and (e) if Borrower creates, incurs, suffers or permits any Indebtedness after the Effective Date in accordance with SECTION 8.1(V) hereof or Indebtedness secured by Liens permitted under SECTION 8.2(XI) hereof, and such Indebtedness contains terms and conditions which are more restrictive upon Borrower than the terms and conditions provided herein (other than terms and conditions that relate to Liens permitted under SECTION 8.2(XI)), Borrower shall promptly provide a copy of the more restrictive terms and conditions to Agent and Lenders along with such other information as Agent may reasonably request in order to understand such restrictive terms and conditions. Borrowers Borrower will also notify Agents Agent in writing at least 30 days prior to the date that any Obligor changes its name or the location of its chief executive office or principal place of business or the place where it keeps its books and records. After the Effective Date, Borrowers will notify Agents in writing at least 45 days prior to any Borrower's or any of their Subsidiaries' (other than Excluded Subsidiaries and other than Foreign Subsidiaries which are not Subsidiaries of Canadian Borrower or U.K. Borrower) acquisition of any real Property or any material personal Property having aggregate fair market value in excess of $2,500,000, wherever located, other than the Collateral covered by the Security Documents (such acquisition or ownership being herein called an "Additional Collateral Event" and the Property so acquired or owned being herein called "Additional Collateral").

Notice of Certain Matters. Give Agents Agent written notice of the following promptly after any executive officer (vice president or more senior) of U.S. Borrower, Canadian Borrower or U.K. Borrower shall become aware of the same: (a) the issuance by any applicable Governmental Authority having jurisdiction in the matter court or governmental agency or authority of any injunction, order or other restraint prohibiting, or having the effect of prohibiting, the performance of this Agreement, any other Loan Document, or the making of the Loans or the acceptance and purchase of Bankers' Acceptances or the initiation of any litigation, or any claim or controversy which would reasonably be expected to result in the initiation of any such litigation, seeking any such injunction, order or other restraint; (b) the filing or commencement of any action, suit or proceeding, whether at law or in equity or by or before any court or any Governmental Authority involving claims in excess of $1,000,000 2,500,000 or which could may reasonably be expected to result in a Default hereunder; and (c) any Event of Default or Default, specifying the nature and extent thereof and the action (if any) which is proposed to be taken with the respect thereto. Borrowers Borrower will also notify Agents Agent in writing at least 30 days prior to the date that any Obligor changes its name or the location of its chief executive office or principal place of business or the place where it keeps its books and records. After the Effective Date, Borrowers Borrower will notify Agents Agent in writing at least 45 days prior to any BorrowerObligor's or any of their Subsidiaries' (other than Excluded Subsidiaries and other than Foreign Subsidiaries which are not Subsidiaries of Canadian Borrower or U.K. Borrower) acquisition of any real Property or any material personal Property having aggregate fair market value in excess of $2,500,000(other than Accounts, Inventory and Equipment), wherever located, other than the Collateral covered by the Security Documents and other than the Excluded Assets (such acquisition or ownership being herein called an "Additional Collateral Event" and the Property so acquired or owned being herein called "Additional Collateral"). Any such acquisition shall be subject to the provisions of Section 8.14 hereof.

Notice of Certain Matters. Give Agents Agent written notice of the ------------------------- following promptly after any executive officer (vice president or more senior) of U.S. Borrower, Canadian Borrower or U.K. Borrower shall become aware of the same: (a) the issuance by any applicable Governmental Authority having jurisdiction in the matter court or governmental agency or authority of any injunction, order or other restraint prohibiting, or having the effect of prohibiting, the performance of this Agreement, any other Loan Document, or the making of the Loans or the acceptance and purchase of Bankers' Acceptances or the initiation of any litigation, or any claim or controversy which would reasonably be expected to result in the initiation of any such litigation, seeking any such injunction, order or other restraint; (b) the filing or commencement of any action, suit or proceeding, whether at law or in equity or by or before any court or any Governmental Authority involving claims in excess of $1,000,000 2,500,000 or which could may reasonably be expected to result in a Default hereunder; and (c) any Event of Default or Default, specifying the nature and extent thereof and the action (if any) which is proposed to be taken with the respect thereto. Borrowers Borrower will also notify Agents Agent in writing at least 30 days prior to the date that any Obligor changes its name or the location of its chief executive office or principal place of business or the place where it keeps its books and records. After the Effective Date, Borrowers Borrower will notify Agents Agent in writing at least 45 days prior to any BorrowerObligor's or any of their Subsidiaries' (other than Excluded Subsidiaries and other than Foreign Subsidiaries which are not Subsidiaries of Canadian Borrower or U.K. Borrower) acquisition of any real Property or any material personal Property having aggregate fair market value in excess of $2,500,000(other than Accounts, Inventory and Equipment), wherever located, other than the Collateral covered by the Security Documents and other than the Excluded Assets (such acquisition or ownership being herein called an "Additional Collateral Event" and the Property so acquired or owned --------------------------- being herein called "Additional Collateral").. Any such acquisition shall be --------------------- subject to the provisions of Section 8.14 hereof. ------------

Notice of Certain Matters. Give Agents Agent written notice of the following promptly after any executive officer (vice president or more senior) of U.S. Borrower, Canadian Borrower or U.K. Borrower shall become aware of the same: (a) the issuance by any applicable Governmental Authority having jurisdiction in the matter court or governmental agency or authority of any injunction, order or other restraint prohibiting, or having the effect of prohibiting, the performance of this Agreement, any other Loan Document, or the making of the Loans or the acceptance and purchase of Bankers' Acceptances or the initiation of any litigation, or any claim or controversy which would reasonably be expected to result in the initiation of any such litigation, seeking any such injunction, order or other restraint; (b) the filing or commencement of any action, suit or proceeding, whether at law or in equity or by or before any court or any Governmental Authority involving claims in excess of $1,000,000 2,500,000 or which could may reasonably be expected to result in a Default hereunder; and (c) any Event of Default or Default, specifying the nature and extent thereof and the action (if any) which is proposed to be taken with the respect thereto. Borrowers Borrower will also notify Agents Agent in writing at least 30 days prior to the date that any Obligor changes its name or the location of its chief executive office or principal place of business or the place where it keeps its books and records. After the Effective Date, Borrowers Borrower will notify Agents Agent in writing at least 45 days prior to any Borrower's or any of their Subsidiaries' (other than Excluded Subsidiaries and other than Foreign Subsidiaries which are not Subsidiaries of Canadian Borrower or U.K. Borrower) Obligor’s acquisition of any real Property or any material personal Property having aggregate fair market value in excess of $2,500,000(other than Accounts, Inventory and Equipment), wherever located, other than the Collateral covered by the Security Documents and other than the Excluded Assets (such acquisition or ownership being herein called an "“Additional Collateral Event" ” and the Property so acquired or owned being herein called "“Additional Collateral"”). Any such acquisition shall be subject to the provisions of Section 8.14 hereof.

Notice of Certain Matters. Give Agents written notice of the following promptly after any executive officer of U.S. Borrower, Canadian Borrower or U.K. Canadian Borrower shall become aware of the same: (a) the issuance by any applicable Governmental Authority having jurisdiction in the matter court or governmental agency or authority of any injunction, order or other restraint prohibiting, or having the effect of prohibiting, the performance of this Agreement, any other Loan Document, or the making of the Loans or the acceptance and purchase of Bankers' Acceptances or the initiation of any litigation, or any claim or controversy which would reasonably be expected to result in the initiation of any such litigation, seeking any such injunction, order or other restraint; (b) the filing or commencement of any action, suit or proceeding, whether at law or in equity or by or before any court or any Governmental Authority involving claims in excess of $1,000,000 500,000 or which could reasonably be expected to result in a Default hereunder; and (c) any Event of Default or Default, specifying the nature and extent thereof and the action (if any) which is proposed to be taken with the respect thereto. Borrowers will also notify Agents in writing at least 30 days prior to the date that any Obligor changes its name or the location of its chief executive office or principal place of business or the place where it keeps its books and records. After the Effective Date, Borrowers will notify Agents in writing at least 45 days prior to any Borrower's or any of their Subsidiaries' (other than Excluded Subsidiaries and other than Foreign Subsidiaries which are not Subsidiaries of Canadian Borrower or U.K. BorrowerSubsidiaries) acquisition of any real Property or any material personal Property having aggregate fair market value in excess of $2,500,000, wherever located, other than the Collateral covered by the Security Documents (such acquisition or ownership being herein called an "Additional Collateral Event" and the Property so acquired or owned being herein called "Additional Collateral"). The occurrence of an Event of Default shall constitute an Additional Collateral Event in respect of which the Additional Collateral shall be all real and personal Property of Borrowers and their Subsidiaries which is not already covered by a Security Document.

Notice of Certain Matters. Give Agents Agent written notice of the following promptly (and in any event within five Business Days) after any executive officer of U.S. Borrower, Canadian Borrower or U.K. Borrower shall become aware of the same: (a) the issuance by any applicable Governmental Authority having jurisdiction in the matter court or governmental agency or authority of any injunction, order or other restraint prohibiting, or having the effect of prohibiting, the performance of this Agreement, any other Loan Document, or the making of the Loans or the acceptance and purchase of Bankers' Acceptances or the initiation of any litigation, or any claim or controversy which would reasonably be expected to result in the initiation of any such litigation, seeking any such injunction, order or other restraint; (b) the filing or commencement of any action, suit or proceeding, whether at law or in equity or by or before any court or any Governmental Authority involving claims in excess of $1,000,000 (exclusive of claims covered by insurance) or which could may reasonably be expected to result in a Default hereunder; and; (c) any Event of Default or Default, specifying the nature and extent thereof and the action (if any) which is proposed to be taken with the respect thereto. Borrowers ; (d) the incurrence of material burdensome restrictions under contracts or applicable law which could reasonably be expected to have a Material Adverse Effect and any other event (including strikes, labor disputes or loss of use of material patents or trademarks) which could reasonably be expected to have a Material Adverse Effect; and Borrower will also notify Agents Agent in writing at least 30 days prior to the date that any Obligor changes its name or the location of its chief executive office or principal place of business or the place where it keeps its books and records. After the Effective Date, Borrowers Borrower will notify Agents Agent in writing at least 45 days prior to any BorrowerObligor's or any of their Subsidiaries' (other than Excluded Subsidiaries and other than Foreign Subsidiaries which are not Subsidiaries of Canadian Borrower or U.K. Borrower) acquisition of any real Property or any material personal Property having aggregate fair market value in excess of $2,500,000Property, wherever located, other than the Collateral covered by the Security Documents (such acquisition or ownership being herein called an "Additional Collateral EventADDITIONAL COLLATERAL EVENT" and the Property so acquired or owned being herein called "Additional CollateralADDITIONAL COLLATERAL"). (r) New SECTIONS 7.11, 7.12 AND 7.13 are hereby added to the Loan Agreement, such new Sections to read in their entireties as follows:

Notice of Certain Matters. Give Agents Agent written notice of the following promptly after any executive officer of U.S. Borrower, Canadian Borrower or U.K. Borrower shall become aware of the same: (a) the issuance by any applicable Governmental Authority having jurisdiction in the matter court or governmental agency or authority of any injunction, order or other restraint prohibiting, or having the effect of prohibiting, the performance of this Agreement, any other Loan Document, or the making of the Loans or the acceptance and purchase of Bankers' Acceptances or the initiation of any litigation, or any claim or controversy which would reasonably be expected to result in the initiation of any such litigation, seeking any such injunction, order or other restraint; (b) the filing or commencement of any action, suit or proceeding, whether at law or in equity or by or before any court or any Governmental Authority involving claims in excess of $1,000,000 250,000 or which could reasonably be expected to result in a Default hereunder; and (c) any Event of Default or Default, specifying the nature and extent thereof and the action (if any) which is proposed to be taken with the respect thereto. Borrowers Borrower will also notify Agents Agent in writing at least 30 days prior to the date that it or any Obligor of its Subsidiaries changes its name or the location of its chief executive office or principal place of business or the place where it keeps its books and records. After the Effective Date, Borrowers Borrower will notify Agents Agent in writing at least 45 days prior to any Borrower's or any of their its Subsidiaries' (other than Excluded Subsidiaries and other than Foreign Subsidiaries which are not Subsidiaries of Canadian Borrower or U.K. BorrowerSubsidiaries') acquisition of any real Property or any material personal Property having aggregate fair market value in excess of $2,500,000Property, wherever located, other than the Collateral covered by the Security Documents (such acquisition or ownership being herein called an "Additional Collateral Event" and the Property so acquired or owned being herein called "Additional Collateral").