Common use of Notices to the Lender Clause in Contracts

Notices to the Lender. The Borrower shall notify the Lender in writing of the following matters at the following times: 7.3.1. Immediately after becoming aware of the existence of any Event of Default; 7.3.2. Within two (2) days after becoming aware that the holder of any capital stock of the Borrower or of any Debt has given notice or taken any action with respect to a claimed default; 7.3.3. Within two (2) days after becoming aware of any material adverse change in the Borrower's Property, business, operations, or condition (financial or otherwise); 7.3.4. Within two (2) days after becoming aware of any pending or threatened action, proceeding, or counterclaim by any Person, or any pending or threatened investigation by a Public Authority, which may materially and adversely affect the Collateral, the repayment of the Obligations, the Lender's rights under the Loan Documents, or the Borrower's Property, business, operations, or condition (financial or otherwise); 7.3.5. Within two (2) days after becoming aware of any pending or threatened strike, work stoppage, material unfair labor practice claim, or other material labor dispute affecting the Borrower or any of its Subsidiaries; 7.3.6. Within two (2) days after becoming aware of any violation of any law, statute, regulation, or ordinance of a Public Authority applicable to the Borrower, which may materially and adversely affect the Collateral, the repayment of the Obligations, the Lender's rights under the Loan Documents, or the Borrower's Property, business, operations, or condition (financial or otherwise); 7.3.7. Immediately after becoming aware of any Termination Event with respect to a Plan, or any other Reportable Event with respect to a Plan, accompanied by any materials required to be filed with the PBGC with respect thereto; immediately after the Borrower's receipt of any notice concerning the imposition of any withdrawal liability under Section 4042 of ERISA with respect to a Plan; immediately upon the establishment of any Plan not existing at the Closing Date or the commencement of contributions by the Borrower to any Plan to which the Borrower was not contributing at the Closing Date; and immediately upon becoming aware of any other event or condition regarding a Plan or the Borrower's or a Related Company's compliance with ERISA which may materially and adversely affect the Borrower's Property, business, operation, or condition (financial or otherwise); and

Notices to the Lender. The Borrower Each of the Borrowers shall --------------------- notify the Lender in writing of the following matters at the following times: 7.3.1. (a) Immediately after becoming aware of the existence of thereof, any Default or Event of Default;. 7.3.2. Within two (2b) days Immediately after becoming aware thereof, the assertion by a holder or holders of Debt in an outstanding principal amount in excess of $100,000 in the aggregate at any one time that a default exists with respect thereto or that any Borrower is not in compliance with the terms thereof, or the threat or commencement by such holder of any capital stock enforcement action because of the Borrower such asserted default or of any Debt has given notice or taken any action with respect to a claimed default;non-compliance. 7.3.3. Within two (2c) days Immediately after becoming aware of thereof, any material adverse change in the any Borrower's Property, business, operations, or condition (financial or otherwise);) or any material and continuing decrease in the Borrowers' Accounts. 7.3.4. Within two (2d) days Immediately after becoming aware of thereof, any pending or threatened action, suit, proceeding, or counterclaim by any Person, or any pending or threatened investigation by a Public Governmental Authority, which may materially and adversely affect the CollateralProperties of such Borrower, the repayment of the Obligations, the Lender's rights under the Loan Documents, or the any Borrower's Property, business, operations, or condition (financial or otherwise);; provided, however, the Borrowers shall not be required to -------- ------- notify the Lender of actions or proceedings filed against Industries involving damages from the ingestion of diethylstilbestrol ("DES"), but will deliver a status report with each statement delivered pursuant to Section 5.2(a) and Section 5.2(b) setting forth the number of pending DES claims at such time and the availability of insurance coverage for such claims. 7.3.5. Within two (2e) days Immediately after becoming aware of thereof, any pending or threatened strike, work stoppage, material unfair labor practice claim, or other material labor dispute affecting the any Borrower or any of its Subsidiaries;Subsidiary. 7.3.6. Within two (2f) days Immediately after becoming aware of thereof, any violation of any law, statute, regulation, or ordinance of a Public Governmental Authority applicable to the any Borrower, any Subsidiary, or their respective properties which may materially and adversely affect the CollateralProperties of such Borrower, the repayment of the Obligations, the Lender's rights under the Loan Documents, or the any Borrower's Property, business, operations, or condition (financial or otherwise);. 7.3.7. (g) Immediately after becoming aware thereof, any violation by any Borrower or any Subsidiary of any Termination Event with respect to a PlanEnvironmental Law or, immediately upon its receipt thereof, any notice that any Borrower or any other Reportable Event with respect Subsidiary receives asserting that such Borrower or any Subsidiary is or may be (i) liable to any Person as a Plan, accompanied by any materials required to be filed with result of the PBGC with respect thereto; immediately after the Borrower's receipt Release or threatened Release of any notice concerning Contaminant into the imposition environment; (ii) subject to investigation by a Governmental Authority evaluating whether any Remedial Action is needed to respond to the Release or threatened Release of any withdrawal liability under Section 4042 of ERISA with respect Contaminant into the environment; (iii) subject to any judicial or administrative proceeding alleging a Plan; immediately upon the establishment violation of any Plan not existing at the Closing Date or the commencement of contributions by the Borrower Environmental Law; (iv) subject to any Plan new or proposed changes to which any health or safety law or any Environmental Law that could have a material adverse effect on the Borrower was not contributing at the Closing Dateoperations of such Borrower; and immediately upon becoming aware (v) in violation of any other event Environmental Law or condition regarding a Plan health and safety law; or the Borrower's or a Related Company's (vi) that its compliance with ERISA which may materially and adversely affect the Borrower's Property, business, operation, any health or condition (financial safety law or otherwise); andEnvironmental Law is being investigated.