Common use of Notice of Default, Litigation and Material Adverse Effect Clause in Contracts

Notice of Default, Litigation and Material Adverse Effect. Promptly, and in any event within three Business Days after any officer of Holdings or any of its Subsidiaries obtains knowledge thereof, notice of (i) the occurrence of any event which constitutes a Default or an Event of Default, (ii) any litigation or governmental investigation or proceeding pending against Holdings or any of its Subsidiaries (x) which, either individually or in the aggregate, has had, or would reasonably be expected to have, a Material Adverse Effect or (y) with respect to any Credit Document, or (iii) any other event, change or circumstance that has had, or would reasonably be expected to have, a Material Adverse Effect.

Appears in 3 contracts

Sources: Credit Agreement (Bway Parent Company, Inc.), Credit Agreement (Phoenix Container, Inc.), Credit Agreement (BWAY Holding CO)

Notice of Default, Litigation and Material Adverse Effect. Promptly, and in any event within three Business Days after any officer of Holdings the Borrower or any of its Subsidiaries obtains knowledge thereof, notice of (i) the occurrence of any event which constitutes a Default or an Event of Default, (ii) any litigation or governmental investigation or proceeding pending against Holdings the Borrower or any of its Subsidiaries (x) which, either individually or in the aggregate, has had, or would could reasonably be expected to have, have a Material Adverse Effect or (y) with respect to any Credit Document, or (iii) any other event, change or circumstance that has had, or would could reasonably be expected to have, a Material Adverse Effect.

Appears in 3 contracts

Sources: Credit Agreement (Nuco2 Inc /Fl), First Lien Credit Agreement (RCN Corp /De/), Credit Agreement (Manitowoc Co Inc)

Notice of Default, Litigation and Material Adverse Effect. Promptly, and in any event within three Business Days after any officer of Holdings or any of its Subsidiaries obtains knowledge thereof, notice of (i) the occurrence of any event which constitutes a Default or an Event of Default, (ii) any litigation or governmental investigation or proceeding pending against Holdings or any of its Subsidiaries (x) which, either individually or in the aggregate, has had, or would could reasonably be expected to have, a Material Adverse Effect or (y) with respect to any Credit Document, or (iii) any other event, change or circumstance that has had, or would could reasonably be expected to have, a Material Adverse Effect.

Appears in 2 contracts

Sources: Credit Agreement (STG Group, Inc.), Syndicated Facility Agreement (Acco Brands Corp)

Notice of Default, Litigation and Material Adverse Effect. Promptly, and in any event within three Business Days after any officer Authorized Officer of Holdings the Borrower or any of its Subsidiaries obtains knowledge thereof, notice of (i) the occurrence of any event which constitutes a Default or an Event of Default, (ii) any litigation or governmental investigation or proceeding pending against Holdings the Borrower or any of its Subsidiaries (x) which, either individually or in the aggregate, has had, or would reasonably be expected to have, a Material Adverse Effect or (y) with respect to any Credit Document, or (iii) any other event, change or circumstance that that, either individually or in the aggregate, has had, or would reasonably be expected to have, a Material Adverse Effect.

Appears in 2 contracts

Sources: Credit Agreement (Shuffle Master Inc), Credit Agreement (Shuffle Master Inc)

Notice of Default, Litigation and Material Adverse Effect. Promptly, and in any event within three Business Days after any officer of Holdings the Borrower or any of its Subsidiaries obtains knowledge thereof, notice of (i) the occurrence of any event which constitutes a Default or an Event of Default, (ii) any litigation or governmental investigation or proceeding pending against Holdings the Borrower or any of its Subsidiaries (x) which, either individually or in the aggregate, has had, or would could reasonably be expected to have, have a Material Adverse Effect or (y) with respect to any Credit Document, or (iii) any other event, change or circumstance that has had, or would could reasonably be expected to have, a Material Adverse Effect.

Appears in 2 contracts

Sources: Credit Agreement (Magellan Health Inc), Credit Agreement (Magellan Health Services Inc)

Notice of Default, Litigation and Material Adverse Effect. Promptly, and in any event within three Business Days after any officer of Holdings or any of its Subsidiaries obtains knowledge thereof, notice of (i) the occurrence of any event which constitutes a Default or an Event of Default, (ii) any litigation or governmental investigation or proceeding pending against Holdings or any of its Subsidiaries (x) which, either individually or in the aggregate, has had, or would reasonably be expected to have, a Material Adverse Effect or (y) with respect to any Credit Document, or (iii) any other event, change or circumstance that has had, or would reasonably be expected to have, a Material Adverse Effect.

Appears in 2 contracts

Sources: Credit Agreement (Bway Corp), Credit Agreement (Bway Corp)

Notice of Default, Litigation and Material Adverse Effect. Promptly, and in any event within three Business Days after any officer of Holdings or any of its Subsidiaries obtains knowledge thereof, notice of (iA) the occurrence of any event which constitutes a Default or an Event of Default, (iiB) any litigation or governmental investigation or proceeding pending against Holdings or any of its Subsidiaries (x) which, either individually or in the aggregate, has had, or would could reasonably be expected to have, a Material Adverse Effect or (y) with respect to any Credit Document, Documents or (iiiC) any other event, change or circumstance that has had, or would could reasonably be expected to have, a Material Adverse Effect.

Appears in 2 contracts

Sources: Credit Agreement (Endeavour International Corp), Credit Agreement (Endeavour International Corp)

Notice of Default, Litigation and Material Adverse Effect. Promptly, and in any event within three Business Days Days, after any officer Authorized Officer of Holdings or any of its Subsidiaries Group Member obtains knowledge thereof, notice of (i) the occurrence of any event which constitutes a Default or an Event of Default, (ii) any litigation or governmental investigation or proceeding pending against Holdings or any of its Subsidiaries Group Member (x) which, either individually or in the aggregate, has had, or would could reasonably be expected to have, a Material Adverse Effect or (y) with respect to any Credit Document, or (iii) any other event, change or circumstance that has had, or would could reasonably be expected to have, a Material Adverse Effect.

Appears in 2 contracts

Sources: Amendment and Restatement Agreement (Toys R Us Inc), Syndicated Facility Agreement (Toys R Us Inc)

Notice of Default, Litigation and Material Adverse Effect. Promptly, and in any event within three Business Days after any officer of Holdings or any of its Subsidiaries obtains knowledge thereof, notice of (i) the occurrence of any event which constitutes a Default or an Event of Default, (ii) any litigation or governmental investigation or proceeding pending against Holdings or any of its Subsidiaries (x) which, either individually or in the aggregate, has had, or would could reasonably be expected to have, have a Material Adverse Effect or (y) with respect to any Credit Transaction Document, or (iii) any other event, change or circumstance that has had, or would could reasonably be expected to have, a Material Adverse Effect.

Appears in 2 contracts

Sources: Note Purchase Agreement (American Seafoods Corp), Credit Agreement (American Seafoods Corp)

Notice of Default, Litigation and Material Adverse Effect. Promptly, and in any event within three Business Days after any officer Responsible Officer of Holdings or any of its Subsidiaries the Borrower obtains knowledge thereof, notice of (i) the occurrence of any event which constitutes a Default or an Event of Default, (ii) any litigation or governmental investigation (including, without limitation, by the New York Insurance Department) or proceeding pending against Holdings or any of its Subsidiaries (x) which, either individually or in the aggregate, has had, or would could reasonably be expected to have, have a Material Adverse Effect or (y) with respect to any Credit Document, or (iii) any other event, change or circumstance that has had, or would could reasonably be expected to have, a Material Adverse Effect.

Appears in 2 contracts

Sources: Credit Agreement (Town Sports International Holdings Inc), Credit Agreement (Town Sports International Holdings Inc)

Notice of Default, Litigation and Material Adverse Effect. Promptly, and in any event within three Business Days after any officer of Holdings or any of its Restricted Subsidiaries obtains knowledge thereof, notice of (i) the occurrence of any event which constitutes a Default or an Event of Default, (ii) any litigation or governmental investigation or proceeding pending against Holdings or any of its Restricted Subsidiaries (x) which, either individually or in the aggregate, has had, or would could reasonably be expected to have, a Material Adverse Effect or (y) with respect to any Credit Document, or (iii) any other event, change or circumstance that has had, or would could reasonably be expected to have, a Material Adverse Effect.

Appears in 2 contracts

Sources: Credit Agreement and Subsidiaries Guaranty (Leap Wireless International Inc), Credit Agreement (Leap Wireless International Inc)

Notice of Default, Litigation and Material Adverse Effect. Promptly, and in any event within three Business Days after any officer Authorized Officer of Holdings or any of its Subsidiaries obtains knowledge thereof, notice of (i) the occurrence of any event which constitutes a Default or an Event of Default, (ii) any litigation or governmental investigation or proceeding pending against Holdings or any of its Subsidiaries (x) which, either individually or in the aggregate, has had, or would could reasonably be expected to have, a Material Adverse Effect or (y) with respect to any Credit Document, or (iii) any other event, change or circumstance that has had, or would could reasonably be expected to have, a Material Adverse Effect.

Appears in 1 contract

Sources: Credit Agreement (Global Cash Access Holdings, Inc.)

Notice of Default, Litigation and Material Adverse Effect. Promptly, and in any event within three Business Days after any officer of Holdings or any of its Subsidiaries the Borrower obtains knowledge thereof, notice of (i) the occurrence of any event which constitutes a Default or an Event of Default, (ii) any litigation or governmental investigation (including, without limitation, by the New York Insurance Department) or proceeding pending against Holdings or any of its Subsidiaries (x) which, either individually or in the aggregate, has had, or would could reasonably be expected to have, have a Material Adverse Effect or (y) with respect to any Credit Document, or (iii) any other event, change or circumstance that has had, or would could reasonably be expected to have, a Material Adverse Effect.

Appears in 1 contract

Sources: Credit Agreement (Town Sports International Holdings Inc)

Notice of Default, Litigation and Material Adverse Effect. Promptly, and in any event within three Business Days after any officer of Holdings the Borrower or any of its Subsidiaries obtains knowledge thereof, notice of (i) the occurrence of any event which constitutes a Default or an Event of Default, (ii) any litigation or governmental investigation or proceeding pending against Holdings the Borrower or any of its Subsidiaries (or any material development in any such litigation or investigation) (x) which, either individually or in the aggregate, has had, or would could reasonably be expected to have, have a Material Adverse Effect or (y) with respect to any Credit Document, or (iii) any other event, change or circumstance that has had, or would could reasonably be expected to have, a Material Adverse Effect.

Appears in 1 contract

Sources: Credit Agreement (RCN Corp /De/)

Notice of Default, Litigation and Material Adverse Effect. Promptly, and in any event within three Business Days after any officer of Holdings or any of its Subsidiaries the Borrower obtains knowledge thereof, notice of (i) the occurrence of any event which constitutes a Default or an Event of Default, (ii) any litigation or governmental investigation (including, without limitation, by the New York Insurance Department) or proceeding pending against Holdings the Borrower or any of its Subsidiaries (x) which, either individually or in the aggregate, has had, or would could reasonably be expected to have, have a Material Adverse Effect or (y) with respect to any Credit Document, or (iii) any other event, change or circumstance that has had, or would could reasonably be expected to have, a Material Adverse Effect.

Appears in 1 contract

Sources: Credit Agreement (Town Sports International Inc)

Notice of Default, Litigation and Material Adverse Effect. Promptly, and in any event within three Business Days after any officer of Holdings the Borrower or any of its Subsidiaries obtains knowledge thereof, notice of (i) the occurrence of any event which constitutes a Default or an Event of Default, (ii) any litigation or governmental investigation or proceeding pending against Holdings the Borrower or any of its Subsidiaries (x) which, either individually or in the aggregate, has had, or would could reasonably be expected to have, a Material Adverse Effect or (y) with respect to any Credit Document, or (iii) any other event, change or circumstance that has had, or would could reasonably be expected to have, a Material Adverse Effect.

Appears in 1 contract

Sources: Credit Agreement (Semtech Corp)

Notice of Default, Litigation and Material Adverse Effect. Promptly, and in any event within three Business Days after any officer of Holdings the Borrower or any of its Subsidiaries obtains knowledge thereof, notice of (i) the occurrence of any event which constitutes a Default or an Event of Default, (ii) any litigation or governmental investigation or proceeding pending against Holdings the Borrower or any of its Subsidiaries (x) which, either individually or in the aggregate, has had, or would could reasonably be expected to have, a Material Adverse Effect or (y) with respect to any Credit Document, or (iii) any other event, change or circumstance that has had, or would could reasonably be expected to have, a Material Adverse Effect.

Appears in 1 contract

Sources: Credit Agreement (United Online Inc)

Notice of Default, Litigation and Material Adverse Effect. Promptly, and in any event within three Business Days after any officer of Holdings or any of its Subsidiaries obtains knowledge thereof, notice of (i) the occurrence of any event which constitutes a Default or an Event of Default, (ii) any litigation or governmental investigation or proceeding pending against Holdings or any of its Subsidiaries (x) which, either individually or in the aggregate, has had, or would could reasonably be expected to have, have a Material Adverse Effect or (y) with respect to any Credit Document, or (iii) any other event, change or circumstance that has had, or would could reasonably be expected to have, a Material Adverse Effect.

Appears in 1 contract

Sources: Credit Agreement (Fairchild Semiconductor International Inc)

Notice of Default, Litigation and Material Adverse Effect. Promptly, and in any event within three Business Days after any executive officer of Holdings the Borrower or any of its Subsidiaries obtains knowledge thereof, notice of (i) the occurrence of any event which constitutes a Default or an Event of Default, (ii) any litigation or governmental investigation or proceeding pending against Holdings the Borrower or any of its Subsidiaries (x) which, either individually or in the aggregate, has had, or would could reasonably be expected to have, have a Material Adverse Effect or (y) with respect to any Credit Document, or (iii) any other event, change or circumstance that has had, or would could reasonably be expected to have, a Material Adverse Effect.

Appears in 1 contract

Sources: Credit Agreement (Nash Finch Co)

Notice of Default, Litigation and Material Adverse Effect. Promptly, and in any event within three Business Days after any officer Responsible Officer of Holdings or any of its Subsidiaries obtains knowledge thereof, notice of (i) the occurrence of any event which constitutes a Default or an Event of Default, (ii) any litigation or governmental investigation or proceeding pending against Holdings or any of its Subsidiaries (xA) which, either individually or in the aggregate, has had, or would could reasonably be expected to have, a Material Adverse Effect or (yB) with respect to any Credit Document, Document or (iii) any other event, change or circumstance that has had, or would could reasonably be expected to have, a Material Adverse Effect.

Appears in 1 contract

Sources: Credit Agreement (Endeavour International Corp)

Notice of Default, Litigation and Material Adverse Effect. Promptly, and in any event within three Business Days after any officer of Holdings or any of its Subsidiaries obtains knowledge thereof, notice of (iA) the occurrence of any event which constitutes a Default or an Event of Default, (iiB) any litigation or governmental investigation or proceeding pending against Holdings or any of its Subsidiaries (x) which, either individually or in the aggregate, has had, or would could reasonably be expected to have, a Material Adverse Effect or (y) with respect to any Credit Document, Reimbursement Document or (iiiC) any other event, change or circumstance that has had, or would could reasonably be expected to have, a Material Adverse Effect.

Appears in 1 contract

Sources: Reimbursement Agreement (Endeavour International Corp)