Criminal Proceeding. A criminal proceeding shall be commenced or a criminal indictment shall be filed against any member of the Borrower Group, which proceeding or indictment, if adversely determined, could reasonably be expected to have a Material Adverse Effect; or
Appears in 3 contracts
Samples: Credit Agreement (Switch & Data Facilities Company, Inc.), Credit Agreement (Switch & Data, Inc.), Credit Agreement (Switch & Data, Inc.)
Criminal Proceeding. A criminal proceeding shall be commenced or a criminal indictment shall be filed against any member of the Borrower Group, which proceeding or indictment, if adversely determined, could reasonably be expected to have a Material Adverse Effect; or.
Appears in 2 contracts
Samples: Credit Agreement (Fibernet Telecom Group Inc\), Credit Agreement (Fibernet Telecom Group Inc\)
Criminal Proceeding. A criminal proceeding shall be commenced or a criminal indictment shall be filed against any member of the Borrower Groupor any of its Subsidiaries, which proceeding or indictment, if adversely determined, could reasonably be expected to have a Material Adverse Effect; or.
Appears in 1 contract