Notices and Information. Promptly notify the Administrative Agent, for further dissemination to the Lenders, of: (a) The occurrence of any Default known to any Responsible Officer of the Borrower and the nature thereof. (b) Any matter that has resulted or could reasonably be expected to result in a Material Adverse Effect, including those resulting from (i) breach or non‑performance of, or any default under, a Contractual Obligation of any Consolidated Party; (ii) any dispute, litigation, investigation, proceeding or suspension between any Consolidated Party and any Governmental Authority; or (iii) the commencement of, or any material development in, any litigation or proceeding affecting any Consolidated Party, including pursuant to any applicable Environmental Laws. (c) The occurrence of any ERISA Event that could reasonably be expected to result in liability of the Borrower and its Subsidiaries in an aggregate amount exceeding the Threshold Amount; and (d) Any material change in internal accounting policies or internal financial reporting practices by any Consolidated Party that will have a material effect on financial statement results. In addition, at the time of delivery of the financial statements and reports provided for in Section 7.01(a), the Borrower shall deliver to the Administrative Agent a report signed by an Responsible Officer of the Borrower setting forth (i) a list of registration numbers for all material patents, trademarks, service marks, trade names and copyrights awarded to any Loan Party since the last day of the immediately preceding fiscal year and (ii) a list of all material patent applications, trademark applications, service ▇▇▇▇ applications, trade name applications and copyright applications submitted by any Loan Party since the last day of the immediately preceding fiscal year and the status of each such application, all in such form as shall be reasonably satisfactory to the Administrative Agent. Each notice pursuant to this Section 7.03(a) through (d) shall be accompanied by a statement of a Responsible Officer of the Borrower setting forth details of the occurrence referred to therein and stating what action the Borrower has taken and proposes to take with respect thereto. Each notice pursuant to Section 7.03(a) shall describe with particularity any and all provisions of this Agreement and any other Loan Document that have been breached.
Appears in 3 contracts
Sources: Credit Agreement (Cincinnati Bell Inc), Credit Agreement (Cincinnati Bell Inc), Credit Agreement (Cincinnati Bell Inc)
Notices and Information. Promptly notify and in any event: -----------------------
(i) within five Business Days after (A) the Administrative Agentapproval by the Partnership Governance Committee of any budget of any type contemplated by Section 9.2 of the Partnership Agreement as in effect on the date of this Agreement, or any amendment of or supplement to any such budget, a copy of that budget, amendment or supplement, (B) the beginning of any fiscal year, if the Partnership Governance Committee has not approved for further dissemination such fiscal year any budget of any type contemplated by Section 9.2 of the Partnership Agreement as in effect on the date of this Agreement before the beginning of such fiscal year, a copy of (1) the proposed budget in the form most recently submitted to the LendersPartnership Governance Committee for approval and (2) if such budget is the operating budget, of:the budget or other plan pursuant to which the Borrower is then conducting operations, and (C) the sending to the Partnership Governance Committee of any business plan of the type contemplated by Section 9.6 of the Partnership Agreement as in effect on the date of this Agreement, a copy of that plan;
(aii) The occurrence within five Business Days after the sending or receiving thereof, copies of any Default known to any Responsible Officer of all Material notices and communications sent by the Borrower and or any Subsidiary to, or received by the nature thereof.
(b) Any matter Borrower or any Subsidiary from, any Governmental Authority, which notices in each case relate to matters that has resulted have had or could reasonably be expected to result in have a Material Adverse Effect, including those resulting from (i) breach or non‑performance of, or any default under, a Contractual Obligation of any Consolidated Party; (ii) any dispute, litigation, investigation, proceeding or suspension between any Consolidated Party and any Governmental Authority; or ;
(iii) within five Business Days after the commencement ofsending or receiving thereof, copies of all notices of termination or material default sent by the Borrower or any Subsidiary to, or received by the Borrower or any material development inSubsidiary from, any litigation or proceeding affecting any Consolidated Party, including pursuant party to any applicable Environmental Laws.
(c) The occurrence of any ERISA Event that could reasonably be expected to result in liability of the Borrower and its Subsidiaries in an aggregate amount exceeding the Threshold AmountMaterial Agreement; and
(div) Any material change in internal accounting policies or internal financial reporting practices by any Consolidated Party that will have a material effect on financial statement results. In additionwithin five Business Days after the effective date thereof, at the time (A) copies of delivery all amendments and supplements to and modifications of the financial statements and reports provided for in Section 7.01(a), the Borrower shall deliver to the Administrative Agent a report signed by an Responsible Officer of the Borrower setting forth (i) a list of registration numbers for all material patents, trademarks, service marks, trade names and copyrights awarded to any Loan Party since the last day of the immediately preceding fiscal year Borrower's Charter Documents and (iiB) a list copies of all material patent applications, trademark applications, service ▇▇▇▇ applications, trade name applications amendments and copyright applications submitted by supplements to and modifications of any Loan Party since the last day of the immediately preceding fiscal year and the status of each such application, all in such form as shall be reasonably satisfactory to the Administrative Agent. Each notice pursuant to this Section 7.03(a) through (d) shall be accompanied by a statement of a Responsible Officer of the Borrower setting forth details of the occurrence referred to therein and stating what action the Borrower has taken and proposes to take with respect thereto. Each notice pursuant to Section 7.03(a) shall describe with particularity any and all provisions of this Agreement and any other Loan Document that have been breached.Supply or Purchase Contract;
Appears in 3 contracts
Sources: Credit Agreement (Lyondell Chemical Co), Credit Agreement (Lyondell Chemical Co), Revolving Credit Agreement (Lyondell Chemical Co)
Notices and Information. Promptly notify the Administrative Agent, for further dissemination to the Lenders, of:
(a) The occurrence of any Default known to any Responsible Officer of the Borrower and the nature thereof.
(b) Any matter that has resulted or could reasonably be expected to result in a Material Adverse Effect, including those resulting from (i) breach or non‑performance non-performance of, or any default under, a Contractual Obligation of any Consolidated Party; (ii) any dispute, litigation, investigation, proceeding or suspension between any Consolidated Party and any Governmental Authority; or (iii) the commencement of, or any material development in, any litigation or proceeding affecting any Consolidated Party, including pursuant to any applicable Environmental Laws.
(c) The occurrence of any ERISA Event that could reasonably be expected to result in liability of the Borrower and its Subsidiaries in an aggregate amount exceeding the Threshold Amount; and
(d) Any material change in internal accounting policies or internal financial reporting practices by any Consolidated Party that will have a material effect on financial statement results. In addition, at the time of delivery of the financial statements and reports provided for in Section 7.01(a), the Borrower shall deliver to the Administrative Agent a report signed by an Responsible Officer of the Borrower setting forth (i) a list of registration numbers for all material patents, trademarks, service marks, trade names and copyrights awarded to any Loan Party since the last day of the immediately preceding fiscal year and (ii) a list of all material patent applications, trademark applications, service ▇▇▇▇ applications, trade name applications and copyright applications submitted by any Loan Party since the last day of the immediately preceding fiscal year and the status of each such application, all in such form as shall be reasonably satisfactory to the Administrative Agent. Each notice pursuant to this Section 7.03(a) through (d) shall be accompanied by a statement of a Responsible Officer of the Borrower setting forth details of the occurrence referred to therein and stating what action the Borrower has taken and proposes to take with respect thereto. Each notice pursuant to Section 7.03(a) shall describe with particularity any and all provisions of this Agreement and any other Loan Document that have been breached.
Appears in 2 contracts
Sources: Credit Agreement (Cincinnati Bell Inc), Credit Agreement (Cincinnati Bell Inc)
Notices and Information. Promptly notify the Administrative Agent, for further dissemination to the Lenders, ofand in any event:
(ai) The occurrence within five Business Days after (A) the approval by the Partnership Governance Committee of any Default known budget of any type contemplated by Section 9.2 of the Partnership Agreement as in effect on the date of this Agreement, or any amendment of or supplement to any Responsible Officer such budget, a copy of that budget, amendment or supplement, (B) the beginning of any fiscal year, if the Partnership Governance Committee has not approved for such fiscal year any budget of any type contemplated by Section 9.2 of the Partnership Agreement as in effect on the date of this Agreement before the beginning of such fiscal year, a copy of (1) the proposed budget in the form most recently submitted to the Partnership Governance Committee for approval and (2) if such budget is the operating budget, the budget or other plan pursuant to which the Borrower is then conducting operations, and (C) the nature thereof.sending to the Partnership Governance Committee of any business plan of the type contemplated by Section 9.6 of the Partnership Agreement as in effect on the date of this Agreement, a copy of that plan;
(bii) Any matter within five Business Days after the sending or receiving thereof, copies of all material notices and communications sent by the Borrower or any Subsidiary to, or received by the Borrower or any Subsidiary from, any Governmental Authority, which notices in each case relate to matters that has resulted have had or could reasonably be expected to result in have a Material Adverse Effect, including those resulting from (i) breach or non‑performance of, or any default under, a Contractual Obligation of any Consolidated Party; (ii) any dispute, litigation, investigation, proceeding or suspension between any Consolidated Party and any Governmental Authority; or ;
(iii) within five Business Days after the commencement ofsending or receiving thereof, copies of all notices of termination or material default sent by the Borrower or any Subsidiary to, or received by the Borrower or any material development inSubsidiary from, any litigation or proceeding affecting any Consolidated Party, including pursuant party to any applicable Environmental Laws.
(c) The occurrence of any ERISA Event that could reasonably be expected to result in liability of the Borrower and its Subsidiaries in an aggregate amount exceeding the Threshold AmountMaterial Agreement; and
(div) Any material change in internal accounting policies or internal financial reporting practices by any Consolidated Party that will have a material effect on financial statement results. In additionwithin five Business Days after the effective date thereof, at the time (A) copies of delivery all amendments and supplements to and modifications of the financial statements and reports provided for in Section 7.01(a), the Borrower shall deliver to the Administrative Agent a report signed by an Responsible Officer of the Borrower setting forth (i) a list of registration numbers for all material patents, trademarks, service marks, trade names and copyrights awarded to any Loan Party since the last day of the immediately preceding fiscal year Borrower's Charter Documents and (iiB) a list copies of all material patent applications, trademark applications, service ▇▇▇▇ applications, trade name applications amendments and copyright applications submitted by supplements to and modifications of any Loan Party since the last day of the immediately preceding fiscal year and the status of each such application, all in such form as shall be reasonably satisfactory to the Administrative Agent. Each notice pursuant to this Section 7.03(a) through (d) shall be accompanied by a statement of a Responsible Officer of the Borrower setting forth details of the occurrence referred to therein and stating what action the Borrower has taken and proposes to take with respect thereto. Each notice pursuant to Section 7.03(a) shall describe with particularity any and all provisions of this Agreement and any other Loan Document that have been breachedSupply or Purchase Contract.
Appears in 1 contract
Notices and Information. Promptly notify the Administrative Agent, for further dissemination to the Lenders, ofand in any event:
(ai) The occurrence within five Business Days after (A) the approval by the Partnership Governance Committee of any Default known budget of any type contemplated by Section 9.2 of the Partnership Agreement as in effect on the date of this Agreement, or any amendment of or supplement to any Responsible Officer such budget, a copy of that budget, amendment or supplement, (B) the beginning of any fiscal year, if the Partnership Governance Committee has not approved for such fiscal year any budget of any type contemplated by Section 9.2 of the Partnership Agreement as in effect on the date of this Agreement before the beginning of such fiscal year, a copy of (1) the proposed budget in the form most recently submitted to the Partnership Governance Committee for approval and (2) if such budget is the operating budget, the budget or other plan pursuant to which the Borrower is then conducting operations, and (C) the nature thereof.sending to the Partnership Governance Committee of any business plan of the type contemplated by Section 9.6 of the Partnership Agreement as in effect on the date of this Agreement, a copy of that plan;
(bii) Any matter within five Business Days after the sending or receiving thereof, copies of all material notices and communications sent by the Borrower or any Subsidiary to, or received by the Borrower or any Subsidiary from, any Governmental Authority, which notices in each case relate to matters that has resulted have had or could reasonably be expected to result in have a Material Adverse Effect, including those resulting from (i) breach or non‑performance of, or any default under, a Contractual Obligation of any Consolidated Party; (ii) any dispute, litigation, investigation, proceeding or suspension between any Consolidated Party and any Governmental Authority; or ;
(iii) within five Business Days after the commencement ofsending or receiving thereof, copies of all notices of termination or material default sent by the Borrower or any Subsidiary to, or received by the Borrower or any material development inSubsidiary from, any litigation or proceeding affecting any Consolidated Party, including pursuant party to any applicable Environmental Laws.
(c) The occurrence of any ERISA Event that could reasonably be expected to result in liability of the Borrower and its Subsidiaries in an aggregate amount exceeding the Threshold AmountMaterial Agreement; and
(div) Any material change in internal accounting policies or internal financial reporting practices by any Consolidated Party that will have a material effect on financial statement results. In additionwithin five Business Days after the effective date thereof, at the time (A) copies of delivery all amendments and supplements to and modifications of the financial statements and reports provided for in Section 7.01(a), the Borrower shall deliver to the Administrative Agent a report signed by an Responsible Officer of the Borrower setting forth (i) a list of registration numbers for all material patents, trademarks, service marks, trade names and copyrights awarded to any Loan Party since the last day of the immediately preceding fiscal year Borrower's Charter Documents and (iiB) a list copies of all material patent applications, trademark applications, service ▇▇▇▇ applications, trade name applications amendments and copyright applications submitted by supplements to and modifications of any Loan Party since the last day of the immediately preceding fiscal year and the status of each such application, all in such form as shall be reasonably satisfactory to the Administrative Agent. Each notice pursuant to this Section 7.03(a) through (d) shall be accompanied by a statement of a Responsible Officer of the Borrower setting forth details of the occurrence referred to therein and stating what action the Borrower has taken and proposes to take with respect thereto. Each notice pursuant to Section 7.03(a) shall describe with particularity any and all provisions of this Agreement and any other Loan Document that have been breached.Supply or Purchase Contract;
Appears in 1 contract
Notices and Information. (a) Promptly notify the Administrative Agent, for further dissemination to Agent of the Lenders, of:
(a) The occurrence of any Default known to any Responsible Officer of the Borrower and the nature thereof.
(b) Any Promptly notify the Administrative Agent and each Lender of any matter that has resulted or could reasonably be expected to result in a Material Adverse Effect, including those resulting from (i) breach or non‑performance non-performance of, or any default under, a Contractual Obligation of any Consolidated Party; (ii) any dispute, litigation, investigation, proceeding or suspension between any Consolidated Party and any Governmental Authority; or (iii) the commencement of, or any material development in, any litigation or proceeding affecting any Consolidated Party, including pursuant to any applicable Environmental Laws.
(c) The Promptly notify the Administrative Agent of the occurrence of any ERISA Event that could reasonably be expected to result in liability of the Borrower and its Subsidiaries in an aggregate amount exceeding the Threshold Amount; and.
(d) Any Promptly notify the Administrative Agent of any material change in internal accounting policies or internal financial reporting practices by any Consolidated Party that will have a material effect on financial statement results. In addition, at .
(e) At the time of delivery of the financial statements and reports provided for in Section 7.01(a), the Borrower shall deliver to the Administrative Agent a report signed by an Responsible Officer of the Borrower setting forth (i) a list of registration numbers for all material patents, trademarks, service marks, trade names and copyrights awarded to any Loan Party since the last day of the immediately preceding fiscal year and (ii) a list of all material patent applications, trademark applications, service ▇m▇▇▇ applications, trade name applications and copyright applications submitted by any Loan Party since the last day of the immediately preceding fiscal year and the status of each such application, all in such form as shall be reasonably satisfactory to the Administrative Agent. Each notice pursuant to this Section 7.03(a) through (d) shall be accompanied by a statement of a Responsible Officer of the Borrower setting forth details of the occurrence referred to therein and stating what action the Borrower has taken and proposes to take with respect thereto. Each notice pursuant to Section 7.03(a) shall describe with particularity any and all provisions of this Agreement and any other Loan Document that have been breached.
Appears in 1 contract
Notices and Information. Promptly notify and in any event: -----------------------
(i) within five Business Days after (A) the Administrative Agentapproval by the Partnership Governance Committee of any budget of any type contemplated by Section 9.2 of the Partnership Agreement as in effect on the date of this Agreement, or any amendment of or supplement to any such budget, a copy of that budget, amendment or supplement, (B) the beginning of any fiscal year, if the Partnership Governance Committee has not approved for further dissemination such fiscal year any budget of any type contemplated by Section 9.2 of the -51- Partnership Agreement as in effect on the date of this Agreement, or any amendment of or supplement to any such budget, a copy of that budget, amendment or supplement, (B) the beginning of any fiscal year, if the Partnership Governance Committee has not approved for such fiscal year any budget of any type contemplated by Section 9.2 of the Partnership Agreement as in effect on the date of this Agreement before the beginning of such fiscal year, a copy of (1) the proposed budget in the form most recently submitted to the LendersPartnership Governance Committee for approval and (2) if such budget is the operating budget, of:the budget or other plan pursuant to which the Borrower is then conducting operations, and (C) the sending to the Partnership Governance Committee of any business plan of the type contemplated by Section 9.6 of the Partnership Agreement as in effect on the date of this Agreement, a copy of that plan;
(aii) The occurrence within five Business Days after the sending or receiving thereof, copies of any Default known to any Responsible Officer of all Material notices and communications sent by the Borrower and or any Subsidiary to, or received by the nature thereof.
(b) Any matter Borrower or any Subsidiary from, any Governmental Authority, which notices in each case relate to matters that has resulted have had or could reasonably be expected to result in have a Material Adverse Effect, including those resulting from (i) breach or non‑performance of, or any default under, a Contractual Obligation of any Consolidated Party; (ii) any dispute, litigation, investigation, proceeding or suspension between any Consolidated Party and any Governmental Authority; or ;
(iii) within five Business Days after the commencement ofsending or receiving thereof, copies of all notices of termination or material default sent by the Borrower or any Subsidiary to, or received by the Borrower or any material development inSubsidiary from, any litigation or proceeding affecting any Consolidated Party, including pursuant party to any applicable Environmental Laws.
(c) The occurrence of any ERISA Event that could reasonably be expected to result in liability of the Borrower and its Subsidiaries in an aggregate amount exceeding the Threshold AmountMaterial Agreement; and
(div) Any material change in internal accounting policies or internal financial reporting practices by any Consolidated Party that will have a material effect on financial statement results. In additionwithin five Business Days after the effective date thereof, at the time (A) copies of delivery all amendments and supplements to and modifications of the financial statements and reports provided for in Section 7.01(a), the Borrower shall deliver to the Administrative Agent a report signed by an Responsible Officer of the Borrower setting forth (i) a list of registration numbers for all material patents, trademarks, service marks, trade names and copyrights awarded to any Loan Party since the last day of the immediately preceding fiscal year Borrower's Charter Documents and (iiB) a list copies of all material patent applications, trademark applications, service ▇▇▇▇ applications, trade name applications amendments and copyright applications submitted by supplements to and modifications of any Loan Party since the last day of the immediately preceding fiscal year and the status of each such application, all in such form as shall be reasonably satisfactory to the Administrative Agent. Each notice pursuant to this Section 7.03(a) through (d) shall be accompanied by a statement of a Responsible Officer of the Borrower setting forth details of the occurrence referred to therein and stating what action the Borrower has taken and proposes to take with respect thereto. Each notice pursuant to Section 7.03(a) shall describe with particularity any and all provisions of this Agreement and any other Loan Document that have been breached.Supply or Purchase Contract;
Appears in 1 contract