Common use of Business Disruption; Condemnation Clause in Contracts

Business Disruption; Condemnation. There shall occur a cessation of a substantial part of the business of a Borrower or a Subsidiary of a Borrower, if any, for a period which has a Material Adverse Effect or could reasonable be expected to have a Material Adverse Effect on the long terms prospects of the Borrower and its Subsidiaries taken as a whole; or a Borrower or a Subsidiary of a Borrower, if any, shall suffer the loss or revocation of any license or permit now held or hereafter acquired by a Borrower or such Subsidiary which is necessary to the continued or lawful operation of their businesses, taken as a whole; or a Borrower or a Subsidiary of a Borrower, if any, shall be enjoined, restrained or in any way prevented by court, governmental or administrative order from conducting all or any material part of their businesses, taken as a whole; or any material lease or agreement pursuant to which a Borrower or a Subsidiary of a Borrower, if any, leases, uses or occupies any Property shall be canceled or terminated prior to the expiration of its stated term; or any part of the Collateral shall be taken through condemnation or the value of such Property shall be impaired through condemnation.

Appears in 1 contract

Samples: Loan and Security Agreement (Restoration Hardware Inc)

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Business Disruption; Condemnation. There shall occur a cessation of a substantial part of the business of a Borrower or a Subsidiary of a any Borrower, if any, any of its Subsidiaries or any Guarantor for a period which has materially adversely affects such Borrower’s, such Subsidiary’s or such Guarantor’s capacity to continue its business on a Material Adverse Effect profitable basis; or could reasonable be expected to have a Material Adverse Effect on the long terms prospects any Borrower, any of the Borrower and its Subsidiaries taken as a whole; or a Borrower or a Subsidiary of a Borrower, if any, any Guarantor shall suffer the loss or revocation of any material license or permit now held or hereafter acquired by a Borrower such Borrower, such Subsidiary or such Subsidiary Guarantor which is necessary to the continued or lawful operation of their businesses, taken as a wholeits business; or a Borrower or a Subsidiary of a any Borrower, if any, any of its Subsidiaries or any Guarantor shall be enjoined, restrained or in any way prevented by court, governmental or administrative order from conducting all or any material part of their businesses, taken as a wholeits business affairs; or any material lease or agreement pursuant to which a Borrower or a Subsidiary of a any Borrower, if any, any of its Subsidiaries or any Guarantor leases, uses or occupies any Property shall be canceled or terminated prior to the expiration of its stated term, except any such lease or agreement the cancellation or termination of which could not reasonably be expected to have a Material Adverse Effect; or any part material portion of the Collateral shall be taken through condemnation or the value of such Property shall be impaired through condemnation.

Appears in 1 contract

Samples: Loan and Security Agreement (Wabash National Corp /De)

Business Disruption; Condemnation. There shall occur a cessation --------------------------------- of a substantial part of the business of a Borrower, any Subsidiary of Borrower or a Subsidiary of a Borrower, if any, any Guarantor for a period which has materially adversely affects Borrower's, such Subsidiary's or such Guarantor's capacity to continue its business on a Material Adverse Effect or could reasonable be expected to have a Material Adverse Effect on the long terms prospects of the Borrower and its Subsidiaries taken as a wholeprofitable basis; or a Borrower, any Subsidiary of Borrower or a Subsidiary of a Borrower, if any, any Guarantor shall suffer the loss or revocation of any material license or permit now held or hereafter acquired by a Borrower, any Subsidiary of Borrower or such Subsidiary any Guarantor which is necessary to the continued or lawful operation of their businesses, taken as a wholeits business; or a Borrower, any Subsidiary of Borrower or a Subsidiary of a Borrower, if any, any Guarantor shall be enjoined, restrained or in any way prevented by court, governmental or administrative order from conducting all or any material part of their businesses, taken as a wholeits business affairs; or any material lease or agreement pursuant to which a Borrower, any Subsidiary of Borrower or a Subsidiary of a Borrower, if any, any Guarantor leases, uses or occupies any Property shall be canceled or terminated prior to the expiration of its stated term; or any part material portion of the Collateral shall be taken through condemnation or the value of such Property shall be impaired through condemnation.

Appears in 1 contract

Samples: Loan and Security Agreement (Borden Chemicals & Plastics Limited Partnership /De/)

Business Disruption; Condemnation. There shall occur a cessation of a substantial part of the business of a Borrower, any Subsidiary of Borrower or a Subsidiary of a Borrower, if any, any Guarantor for a period which has significantly and adversely affects Borrower's, such Subsidiary's or such Guarantor's capacity to continue its business, on a Material Adverse Effect or could reasonable be expected to have a Material Adverse Effect on the long terms prospects of the Borrower and its Subsidiaries taken as a wholeprofitable basis; or a Borrower, any Subsidiary of Borrower or a Subsidiary of a Borrower, if any, any Guarantor shall suffer the loss or revocation of any license or permit now held or hereafter acquired by a Borrower Borrower, such Subsidiary or such Subsidiary Guarantor which is necessary to the continued or lawful operation of their businesses, taken as a wholeits business; or a Borrower, any Subsidiary of Borrower or a Subsidiary of a Borrower, if any, any Guarantor shall be enjoined, restrained or in any way prevented by court, governmental or administrative order from conducting all or any material part of their businesses, taken as a wholeits business affairs; or any material lease or agreement pursuant to which a Borrower or a Subsidiary of a Borrower, if any, such Subsidiary or any Guarantor leases, uses or occupies any Property shall be canceled or terminated prior 39 to the expiration of its stated term; or any material part of the Collateral shall be taken through condemnation or the value of such Property shall be impaired through condemnation.

Appears in 1 contract

Samples: Loan and Security Agreement (Color Spot Nurseries Inc)

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Business Disruption; Condemnation. There shall occur a cessation of a substantial part of the business of a Parent, Borrower, any Subsidiary of Parent or Borrower or a Subsidiary of a Borrower, if any, any Guarantor for a period which has a Material Adverse Effect significantly affects Parent's, Borrower's or could reasonable be expected such Guarantor's capacity to have a Material Adverse Effect on the long terms prospects continue its business, consistent with its financial position as of the Borrower and its Subsidiaries taken as a wholeClosing Date; or a Parent, Borrower, any Subsidiary of Parent or Borrower or a Subsidiary of a Borrower, if any, any Guarantor shall suffer the loss or revocation of any license or permit now held or hereafter acquired by a Parent, Borrower or such Subsidiary Guarantor which is necessary to the continued or lawful operation of their businesses, taken as a wholeits business; or a Parent, Borrower or a Subsidiary of a Borrower, if any, any Guarantor shall be enjoined, restrained or in any way prevented by court, governmental or administrative order from conducting all or any material part of their businesses, taken as a wholeits business affairs; or any material lease or agreement pursuant to which a Parent, Borrower or a Subsidiary of a Borrower, if any, any Guarantor leases, uses or occupies any Property shall be canceled or terminated prior to the expiration of its stated term; or any part of the Collateral with a value individually or in the aggregate in excess of $50,000 shall be taken through condemnation or the value of such Property shall be impaired through condemnation.

Appears in 1 contract

Samples: Loan and Security Agreement (Rowecom Inc)

Business Disruption; Condemnation. There shall occur a cessation of a substantial part of the business of a any Borrower, any Subsidiary of any Borrower or a Subsidiary of a Borrower, if any, any Guarantor for a period which has significantly affects such Borrower's or such Guarantor's capacity to continue its business, on a Material Adverse Effect or could reasonable be expected to have a Material Adverse Effect on the long terms prospects of the Borrower and its Subsidiaries taken as a wholeprofitable basis; or a any Borrower, any Subsidiary of any Borrower or a Subsidiary of a Borrower, if any, any Guarantor shall suffer the loss or revocation of any license or permit now held or hereafter acquired by a any Borrower or such Subsidiary Guarantor which is necessary to the continued or lawful operation of their businesses, taken as a wholeits business; or a any Borrower or a Subsidiary of a Borrower, if any, any Guarantor shall be enjoined, restrained or in any way prevented by court, governmental or administrative order from conducting all or any material part of their businesses, taken as a wholeits business affairs; or any material lease or agreement pursuant to which a any Borrower or a Subsidiary of a Borrower, if any, any Guarantor leases, uses or occupies any Property shall be canceled or terminated prior to the expiration of its stated term; or any part of the Collateral shall be taken through condemnation or the value of such Property shall be impaired through condemnation; and with respect to the occurrence of any of the above such events, Lender determines, in its sole discretion, that such occurrence may affect the ability of the Borrowers and Guarantors to repay the Obligations when due and payable.

Appears in 1 contract

Samples: Loan Agreement (United Natural Foods Inc)

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