Events of Default, Etc. promptly upon, but in any event no later than two Business Days after, any officer of the Borrower obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Default, or becoming aware that any Lender or the Agent has given any notice or taken any other action with respect to a claimed Event of Default or Default under this Agreement, (b) that any Person has given any notice to the Borrower or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e), (c) of any condition or event that would be required to be disclosed in a current report filed by the Borrower with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 and 5 of such Form as in effect on the date hereof) or (d) of any condition or event which has had or could reasonably be expected to have a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually), an Officer's Certificate specifying the nature and period of existence of such condition or event, or specifying the notice given or action taken by such holder or Person and the nature of such claimed default, Event of Default, Default, event or condition, and what action the Borrower has taken, is taking and proposes to take with respect thereto;
Appears in 4 contracts
Samples: Credit Agreement (Paxson Communications Corp), Credit Agreement (Paxson Communications Corp), Credit Agreement (Paxson Communications Corp)
Events of Default, Etc. promptly uponpromptly, but in any event no later than two Business Days afterwithin 5 calendar days, any officer of the Borrower obtaining knowledge upon Company's Best Knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that any Lender or the Agent has given any notice (other than to Administrative Agent) or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the Borrower Company or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 8.2, (c) of any condition or event that would be required to be disclosed in a current report filed by the Borrower Company with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 4, 5 and 5 6 of such Form as in effect on the date hereof) if Company were required to file such reports under the Exchange Act, or (d) of the occurrence of any condition event or event which change that has had caused or could reasonably be expected to have evidences, either in any case or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Officers' Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the Borrower Company has taken, is taking and proposes to take with respect thereto;
Appears in 3 contracts
Samples: Credit Agreement (Players International Inc /Nv/), Credit Agreement (Players International Inc /Nv/), Credit Agreement (Players International Inc /Nv/)
Events of Default, Etc. promptly upon, but in upon any event no later than two Business Days after, any officer Responsible Officer ----------------------- of the Borrower Holdings or Company obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that any Lender or the Agent has given any notice (other than to Administrative Agent) or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the Borrower Holdings or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 8.2, (c) of any condition or event that would be required to be disclosed in a current report filed by the Borrower Holdings or Company with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 4, 5 and 5 6 of such Form as in effect on the date hereof) if Holdings or Company were required to file such reports under the Exchange Act, or (d) of the occurrence of any condition event or event which change that has had caused or could reasonably be expected to have evidences, either in any case or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Officers' Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the Borrower Holdings or Company has taken, is taking and proposes to take with respect thereto;
Appears in 3 contracts
Samples: Revolving Credit Agreement (Anthony Crane Holdings Capital Corp), Credit Agreement (Sealy Corp), Credit Agreement (Anthony Crane Holdings Capital Corp)
Events of Default, Etc. promptly upon, but in any event no later than two Business Days after, upon any officer of the Borrower any Loan Party obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that any Lender or the Agent has given any notice (other than to Administrative Agent) or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the a Borrower or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 8.2, (c) of any condition or event that would be required to be disclosed in a current report filed by the a Borrower with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 4, 5 and 5 6 of such Form as in effect on the date hereof) if such Borrower were required to file such reports under the Exchange Act, or (d) of the occurrence of any condition event or event which change that has had caused or could reasonably be expected to have evidences, either in any case or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Officers' Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the Borrower has Borrowers have taken, is are taking and proposes propose to take with respect thereto;
Appears in 3 contracts
Samples: Credit Agreement (Goss Graphic Systems Inc), Multicurrency Credit Agreement (Goss Holdings Inc), Multicurrency Credit Agreement (Goss Graphic Systems Inc)
Events of Default, Etc. promptly upon, but in upon any event no later than two Business Days after, any officer of the Borrower Loan Party obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that any Lender or the Agent has given any notice or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the Borrower COPT or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e), (c) Article 7 of any condition or event that would be required constitutes or may (upon the giving or receiving of notice or the lapse of time, later, or otherwise) a default, a potential event of default, an event of default (in each case, as defined in the agreement or instrument creating, evidencing or governing any such Indebtedness) under or with respect to be disclosed in a current report filed by any Indebtedness of COPT and its Subsidiaries (other than the Borrower Indebtedness hereunder), or becoming aware that any agent, trustee, lender or security holder with the Securities and Exchange Commission on Form 8-K (Items 1respect thereto has given any notice or taken any other action with respect to such condition or event, 2, 4 and 5 of such Form as in effect on the date hereof) or (d) of the occurrence of any condition event or event which change that has had had, or could reasonably be expected to have have, either individually or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Officers' Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the Borrower has Loan Parties have taken, is are taking and proposes propose to take with respect thereto;
Appears in 2 contracts
Samples: Senior Secured Revolving Credit Agreement (Corporate Office Properties Trust), Senior Secured Revolving Credit Agreement (Corporate Office Properties Trust)
Events of Default, Etc. promptly upon, but in any event no later than two Business Days after, upon any officer of the Borrower Company ----------------------- obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that any Lender or the Agent has given any notice (other than to Agent) or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the Borrower Company or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 8.2, (c) of any condition or event that would be required to be disclosed in a current report filed by the Borrower Company with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 4, 5 and 5 6 of such Form as in effect on the date hereof) to the extent not previously disclosed in a report on Form 8-K previously delivered to Lenders, or (d) of the occurrence of any condition event or event which change that has had caused or could reasonably be expected to have evidences, either in any case or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Officers' Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the Borrower Company has taken, is taking and proposes to take with respect thereto;
Appears in 2 contracts
Samples: Credit Agreement (Varco International Inc), Credit Agreement (Varco International Inc)
Events of Default, Etc. promptly upon, but in any event no later than two Business Days after, upon any officer of the Borrower Borrowers obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that any Lender or the Agent has given any notice (other than to the Administrative Agent) or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the Borrower or any of its Subsidiaries Borrowers or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 7.2, (c) of any condition or event that would be required to be disclosed in a current report filed by the Borrower with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 4, 5 and 5 6 of such Form as in effect on the date hereofClosing Date) if the Borrowers were required to file such reports under the Exchange Act, or (d) of the occurrence of any condition event or event which change that has had caused or could reasonably be expected to have evidences, either in any case or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Officers’ Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the Borrower has Borrowers have taken, is are taking and proposes propose to take with respect thereto;
Appears in 2 contracts
Samples: Construction Loan Agreement (Las Vegas Sands Corp), Construction Loan Agreement (Las Vegas Sands Inc)
Events of Default, Etc. promptly upon, but in any event no later than two Business Days after, upon any officer of the any Borrower obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that any Lender or the Agent has given any notice (other than to Administrative Agent) or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the Borrower or any of its Subsidiaries Credit Party or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 7.2, (c) of any condition or event that would be required to be disclosed in a current report filed by the Borrower Borrowers with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 and 5 6 of such Form as in effect on the date hereof) if Borrowers were required to file such reports under the Exchange Act, or (d) of the occurrence of any condition event or event which change that has had caused or could reasonably be expected to have evidences, either in any case or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the Borrower has Borrowers have taken, is are taking and proposes propose to take with respect thereto;
Appears in 2 contracts
Samples: Credit Agreement (Northland Cable Properties Six LTD Partnership), Credit Agreement (Northland Cable Properties Six LTD Partnership)
Events of Default, Etc. promptly upon, but in any event no later than two Business Days after, upon any officer of the Borrower Company ----------------------- obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that any Lender or the Agent has given any notice (other than to Administrative Agent) or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the Borrower Holdings or any of its Subsidiaries 119 or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 8.2, (c) of any condition or event that would be required to be disclosed in a current report filed by the Borrower Company with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 4, 5 and 5 6 of such Form as in effect on the date hereof) if Company were required to file such reports under the Exchange Act, or (d) of the occurrence of any condition event or event which change that has had caused or could reasonably be expected to have evidences, either in any case or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the Borrower Company has taken, is taking and proposes to take with respect thereto;
Appears in 2 contracts
Samples: Credit Agreement (Diamond Brands Operating Corp), Credit Agreement (Diamond Brands Operating Corp)
Events of Default, Etc. promptly upon, but in any event no later than two Business Days after, upon any officer of the Borrower obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that any Lender or the Agent has given any notice to Borrower or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the Borrower or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 8.2, (c) of any condition or event that would be required to be disclosed in a current report filed by the Borrower with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 4, 5 and 5 6 of such Form as in effect on the date hereof) or if Borrower were required to file such reports under the Exchange Act, (d) of any condition resignation or dismissal of Borrower’s independent accountant, (e) of any Change of Control, (f) of any individual or series of related Asset Sales, issuances of Capital Stock or receipt of Net Insurance/Condemnation Proceeds aggregating in excess of $10,000,000, or (g) of the occurrence of any event which has had or change, that individually or in the aggregate could reasonably be expected expect to have a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's ’s Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the Borrower has taken, is taking and proposes to take with respect thereto;
Appears in 2 contracts
Samples: Credit Agreement (Isle of Capri Casinos Inc), Credit Agreement (Isle of Capri Casinos Inc)
Events of Default, Etc. promptly upon, but in upon any event no later than two Business Days after, Responsible Officer of any officer of the Borrower Credit Agreement Party obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that any Lender or the Agent has given any notice (other than to Administrative Agent) or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the Borrower Holdings or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 8.2, (c) of any condition or event that would be required to be disclosed in a current report filed by the Borrower any Credit Agreement Party with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 4, 5 and 5 6 of such Form as in effect on the date hereof) if such Credit Agreement Party were required to file such reports under the Exchange Act, or (d) of the occurrence of any condition event or event which change that has had caused or could reasonably be expected to have evidences, either in any case or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Officers' Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the Borrower Holdings or any of its Subsidiaries has taken, is taking and proposes to take with respect thereto;
Appears in 2 contracts
Samples: Credit Agreement (Dominos Inc), Credit Agreement (Dominos Inc)
Events of Default, Etc. promptly upon, but in any event no later than two Business Days after, upon any officer of the Borrower ----------------------- Company obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that any Lender or the Agent has given any notice (other than to Administrative Agent) or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the Borrower Company or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 8.2, (c) of any condition or event that would be is required to be disclosed in a current report filed by the Borrower Company with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 4, 5 and 5 6 of such Form as in effect on the date hereof) if Company were required to file such reports under the Exchange Act, or (d) of the occurrence of any condition event or event which change that has had caused or could reasonably be expected to have evidences, either in any case or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the Borrower Company has taken, is taking and proposes to take with respect thereto;
Appears in 2 contracts
Samples: Credit Agreement (Aurora Foods Inc /De/), Credit Agreement (Aurora Foods Inc)
Events of Default, Etc. promptly upon, but in any event no later than two Business Days after, upon any officer of the Borrower Borrowers obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that any Lender or the Agent has given any notice (other than to the Administrative Agent) or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the Borrower or any of its Borrowers and their Restricted Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 8.2, (c) of any condition or event that would be required to be disclosed in a current report filed by the Borrower Borrowers with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 4, 5 and 5 6 of such Form as in effect on the date hereofClosing Date) if the Borrowers were required to file such reports under the Exchange Act, or (d) of the occurrence of any condition event or event which change that has had caused or could reasonably be expected to have evidences, either in any case or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Officers' Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the Borrower has Borrowers have taken, is are taking and proposes propose to take with respect thereto;
Appears in 2 contracts
Samples: Credit Agreement (Las Vegas Sands Corp), Credit Agreement (Las Vegas Sands Inc)
Events of Default, Etc. promptly upon, but in any event no later than two Business Days after, upon any officer of the Borrower Borrowers obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that any Lender or the Agent has given any notice (other than to Administrative Agent) or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the Borrower or any of its Borrowers and their Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 8.2, (c) of any condition or event that would be required to be disclosed in a current report filed by the Borrower Borrowers with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 4, 5 and 5 6 of such Form as in effect on the date hereofClosing Date) if Borrowers were required to file such reports under the Exchange Act, or (d) of the occurrence of any condition event or event which change that has had caused or could reasonably be expected to have evidences, either in any case or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Officers' Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the Borrower has Borrowers have taken, is are taking and proposes propose to take with respect thereto;
Appears in 2 contracts
Samples: Credit Agreement (Las Vegas Sands Inc), Credit Agreement (Las Vegas Sands Inc)
Events of Default, Etc. promptly upon, but and in any event no later than two Business Days days after, any officer of the Parent or Borrower obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that any Lender or the Agent has given any notice (other than to Administrative Agent) or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the Borrower Parent or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 8.2, (c) of any condition or event that would be required to be disclosed in a current report filed by the Parent or Borrower with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 4, 5 and 5 6 of such Form as in effect on the date hereof) if Parent or Borrower were required to file such reports under the Exchange Act, or (d) of the occurrence of any condition event or event which change that has had caused or could reasonably be expected to have evidences, either in any case or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Officers' Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the each of Parent and Borrower has taken, is taking and proposes to take with respect thereto;
Appears in 2 contracts
Samples: Credit Agreement (CFP Holdings Inc), Credit Agreement (CFP Holdings Inc)
Events of Default, Etc. promptly upon, but in any event no later than two Business Days after, any officer of upon CapStar or the Borrower obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that the Agent or any Lender or the Agent has given any notice or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the Borrower CapStar or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 8.1B, 8.1C, 8.1D, 8.1E, 8.1F, 8.1H or 8.1I, (c) of any condition or event that constitutes or may (upon the giving or receiving of notice or the lapse of time, later, or otherwise) a default, a potential event of default, an event of default (in each case, as defined in the agreement or instrument creating, evidencing or governing any such Indebtedness) under or with respect to any Indebtedness (other than the Indebtedness hereunder), any Pool B Obligation or any Related Document (if, with respect to such Related Document, the occurrence of a default, a potential event of default or an event of default could reasonably be expected to result in a loss or liability to a Loan Party or any of its Subsidiaries of more than $1,000,000), or becoming aware that any agent, trustee, lender or security holder with respect thereto has given any notice or taken any other action with respect to such condition or event, (d) of any condition or event that would be required to be disclosed in a current report filed by the Borrower CapStar with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 4, and 5 6 of such Form as in effect on the date hereof) if CapStar were required to file such reports under the Exchange Act, (e) that there has commenced, or is intended to be commenced, a Major Renovation/Restoration of any Property with respect to which a Notice of Renovation/Restoration shall not previously have been delivered to the Agent or (df) of the occurrence of any condition event or event which change that has had had, or could reasonably be expected to have have, either individually or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Officers' Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action CapStar and the Borrower has have taken, is are taking and proposes propose to take with respect thereto;
Appears in 1 contract
Samples: Senior Secured Revolving Credit Agreement (Capstar Hotel Co)
Events of Default, Etc. promptly upon, but in any event no later than two Business Days after, upon any officer of the Borrower Company obtaining knowledge (a) of any condition or event that constitutes a Default or an Event of Default or Default, or becoming aware that any Lender or the Agent has given any notice (other than to the Administrative Agent) or taken any other action with respect to a claimed Default or Event of Default or Default under this AgreementDefault, (b) that any Person has given any notice to the Borrower Company or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 8.2, (c) of any condition or event that would be required to be disclosed in a current report filed by the Borrower Company with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 4, 5 and 5 6 of such Form as in effect on the date hereof) if the Company were required to file such reports under the Exchange Act, or (d) of the occurrence of any condition event or event which change that has had caused or evidences or could be reasonably be expected to have cause, either in any case or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed defaultDefault, Event of Default, Defaultdefault, event or condition, and what action the Borrower Company (or applicable Subsidiary) has taken, is taking and proposes to take with respect thereto;
Appears in 1 contract
Events of Default, Etc. promptly upon, but in any event no later than two Business Days after, upon any officer of the Borrower obtaining knowledge (ai) of any condition or event that constitutes an Event of Default or Potential Default, or becoming aware that any Lender or the Agent has given any notice (other than to Administrative Agent) or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Default, (bii) that any Person has given any notice to the Borrower or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)SECTION 10.2, (ciii) of any condition or event that would be required to be disclosed in a current report filed by the Borrower with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 4, 5, and 5 6 of such Form as in effect on the date hereof) if Borrower were required to file such reports under the Exchange Act, or (div) of the occurrence of any condition event or event which change that has had caused or could reasonably be expected to have evidences, either in any case or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Certificate specifying the nature and period of existence of such condition condition, event, or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Default, event default, event, or condition, and what action the Borrower has taken, is taking and proposes to take with respect thereto;: TERM LOAN AND SECURITY AGREEMENT
Appears in 1 contract
Samples: Term Loan and Security Agreement (American Real Estate Partners L P)
Events of Default, Etc. promptly upon, but in upon any event no later than two Business Days after, Officer of any officer of the Borrower obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that any Lender or the Agent has given any notice (other than to Administrative Agent) or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice 107 117 to the any Borrower or any Subsidiary of its Subsidiaries any Borrower or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 8.2, (c) of any condition or event that would be required to be disclosed in a current report filed by the any Borrower with the Securities and Exchange Commission SEC on Form 8-K (Items 1if such Borrower were required to file such reports under the Exchange Act, 2, 4 and 5 of such Form as in effect on the date hereof) or (d) of the occurrence of any condition event or event which change that has had caused or could reasonably be expected to have evidences, either in any case or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the Borrower has Borrowers have taken, is are taking and proposes propose to take with respect thereto;
Appears in 1 contract
Samples: Credit Agreement (Arris Group Inc)
Events of Default, Etc. promptly upon, but in any event no later than two Business Days after, upon any officer of the Holdings or ---------------------- any Borrower obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that any Lender or the Agent has given any notice (other than to Agent) or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the Borrower Company or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 8.2, (c) of any condition or event that would be required to be disclosed in a current report filed by the Borrower Company with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 4, 5 and 5 6 of such Form as in effect on the date hereof) or if Company were required to file such reports under the Exchange Act, and (d) of the occurrence of any condition event or event which change that has had caused or could reasonably be expected to have evidences, either in any case or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Officers' Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the Borrower has taken, is taking and proposes to take with respect thereto;
Appears in 1 contract
Events of Default, Etc. promptly upon, but in any event no later than two Business Days after, upon any officer of the Holdings or ----------------------- any Borrower obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that any Lender or the Agent has given any notice (other than to Agent) or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the Borrower Company or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 8.2, (c) of any condition or event that would be required to be disclosed in a current report filed by the Borrower Company with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 4, 5 and 5 6 of such Form as in effect on the date hereof) or if Company were required to file such reports under the Exchange Act, and (d) of the occurrence of any condition event or event which change that has had caused or could reasonably be expected to have evidences, either in any case or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Officers' Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the Borrower has taken, is taking and proposes to take with respect thereto;
Appears in 1 contract
Events of Default, Etc. promptly upon, but in upon any event no later than two Business Days after, any officer of the Borrower Loan Party obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that any Lender or the Agent has given any notice or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the Borrower COPT or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e), (c) Article of any condition or event that would be required constitutes or may (upon the giving or receiving of notice or the lapse of time, later, or otherwise) a default, a potential event of default, an event of default (in each case, as defined in the agreement or instrument creating, evidencing or governing any such Indebtedness) under or with respect to be disclosed in a current report filed by any Indebtedness of COPT and its Subsidiaries (other than the Borrower Indebtedness hereunder), or becoming aware that any agent, trustee, lender or security holder with the Securities and Exchange Commission on Form 8-K (Items 1respect thereto has given any notice or taken any other action with respect to such condition or event, 2, 4 and 5 of such Form as in effect on the date hereof) or (d) of the occurrence of any condition event or event which change that has had had, or could reasonably be expected to have have, either individually or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Officers' Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the Borrower has Loan Parties have taken, is are taking and proposes propose to take with respect thereto;
Appears in 1 contract
Samples: Senior Secured Revolving Credit Agreement (Corporate Office Properties Trust)
Events of Default, Etc. promptly upon, but in upon any event no later than two Business Days after, any officer Officer of the Borrower an Obligor obtaining knowledge (aA) of any condition or event that constitutes an Event of Default or Default, or becoming aware that any Lender or the Agent has given any notice or taken any other action with respect to a claimed Event of Default or Default under this Agreement, (bB) that any Person creditor has given any notice to the Borrower such Obligor or any of its Restricted Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e7.1(b), (cC) of any condition or event that would be is required to be disclosed in a current report filed by the Borrower such Obligor with the Securities and Exchange Commission SEC on Form 8-K (Items 1or would be required to be disclosed if such Obligor were subject to the periodic reporting requirements of Xxxxxxx 00 xx 00 xx xxx Xxxxxxxx Xxx), 2(X) of the occurrence of any event or change that has had, 4 and 5 of such Form as in effect on the date hereof) or would reasonably be expected to have, a Material Adverse Effect, or (dE) of any condition or event that constitutes a default or an event of default (or any condition with which has had the passing of time or could reasonably be expected to have the giving of notice or both would, unless cured or waived, become a Material Adverse Effect default or event of default) under any Concession or any other material Contractual Obligation (whichincluding, for such purposeswithout limitation, shall be determined with respect to the Borrower individuallyAir Mobility Command Agreement), an Officer's Certificate specifying the nature and period of existence of such condition Default, Event of Default, default, condition, event or eventchange (including with respect to notices under clause (A) of this Section 5.1(b)(v), specific references to all provisions of the Loan Documents under which the Default or Event of Default has occurred) or specifying the notice given or action taken by any such holder or Person and the nature of such claimed defaultDefault, Event of Default, Defaultdefault, condition, event or conditionchange, as the case may be, and in any such case what action the Borrower such Obligor has taken, is taking and proposes to take with respect thereto;
Appears in 1 contract
Events of Default, Etc. promptly upon, but in upon any event no later than two Business Days after, any officer Responsible Officer of the Borrower Holdings or Company obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that any Lender or the Agent has given any notice (other than to Administrative Agent) or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the Borrower Holdings or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 8.2, (c) of any condition or event that would be required to be disclosed in a current report filed by the Borrower Holdings or Company with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 4, 5 and 5 6 of such Form as in effect on the date hereof) if Holdings or Company were required to file such reports under the Exchange Act, or (d) of the occurrence of any condition event or event which change that has had caused or could reasonably be expected to have evidences, either in any case or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the Borrower Holdings or Company has taken, is taking and proposes to take with respect thereto;
Appears in 1 contract
Samples: Credit Agreement (Anthony Crane Rental Holdings Lp)
Events of Default, Etc. promptly upon, but in any event no later than two Business Days after, Promptly upon any officer or other representative of either of the Borrower Borrowers obtaining knowledge (ai) of any condition or event that constitutes a Default or an Event of Default or Default, or becoming aware that any Lender or the Agent has given any notice (other than to the Administrative Agent) or taken any other action with respect to a claimed Event of Default or Default under this AgreementDefault, (bii) that any Person has given any notice to the Borrower Borrowers or any of its their Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (esection 8.1(d), (ciii) of any condition or event that would be required to be disclosed in a current report filed by the either Borrower with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 4, 5 and 5 6 of such Form as in effect on the date hereof) if such Borrower were required to file such reports under the Securities Exchange Act of 1934 and the rules and regulations thereunder, or (div) of the occurrence of any condition event or event which change that has had caused or could reasonably be expected to have evidences, either in any case or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Officers' Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Default, other default, event or condition, and what action the Borrower has Borrowers have taken, is are taking and proposes propose to take with respect thereto;
Appears in 1 contract
Samples: Term Loan and Security Agreement (Grand Canal Shops Mall Construction LLC)
Events of Default, Etc. promptly upon, but in any event no later than two Business Days after, upon any officer of the ----------------------- Borrower obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that any Lender or the Agent has given any notice (other than to the Administrative Agent) or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the Borrower or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)7.2., (c) of any condition or event that would be required to be ------------ disclosed in a current report filed by the Borrower with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 4, 5 and 5 6 of such Form as in effect on the date hereof) if the Borrower was required to file such reports under the Exchange Act, or (d) of the occurrence of any condition event or event which change that has had caused or could reasonably be expected to have evidences, either in any case or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the Borrower has taken, is taking and proposes to take with respect thereto;
Appears in 1 contract
Events of Default, Etc. promptly upon, but in upon any event no later than two Business Days after, any officer Responsible Officer of the Borrower obtaining knowledge (aA) of any condition or event that constitutes an Event of Default or Default, or becoming aware that any Lender or the Agent has given any notice or taken any other action with respect to a claimed Event of Default or Default under this Agreement, (bB) that any Person creditor has given any notice to the Borrower or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (eSECTION 7.1(B), (cC) unless provided pursuant to clause (iv) above, of any condition or event that would be is required to be disclosed in a current report filed by the Borrower with the Securities and Exchange Commission SEC on Form 8-K K, (Items 1D) of the occurrence of any event or change that has had, 2or would reasonably be expected to have, 4 and 5 of such Form as in effect on the date hereof) a Material Adverse Effect, or (dE) of any condition or event that constitutes a default or an event of default (or any condition with which has had the passing of time or could reasonably be expected to have the giving of notice or both would, unless cured or waived, become a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)default or event of default) under any material Contractual Obligation, an Officer's Certificate specifying the nature and period of existence of such condition Default, Event of Default, condition, event or eventchange (including with respect to notices under clause (A) of this SECTION 5.1(B)(V), specific references to all provisions of the Loan Documents under which the Default or Event of Default has occurred) or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Default, default, event or condition, as the case may be, and in any such case, what action the Borrower has taken, is taking and proposes to take with respect thereto;
Appears in 1 contract
Events of Default, Etc. promptly upon, but in any event no later than two Business Days after, upon any officer of the Borrower Company obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that any Lender or the Agent has given any notice (other than to Administrative Agent) or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the Borrower Company or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 7.2, (c) of any condition or event that would be required to be disclosed in a current report filed by the Borrower Company with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 4, 5 and 5 6 of such Form as in effect on the date hereof) if Company were required to file such reports under the Exchange Act, or (d) of the occurrence of any condition event or event which change that has had caused or evidences, or could reasonably be expected to have cause or evidence, either in any case or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Officers' Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the Borrower Company has taken, is taking and proposes to take with respect thereto;
Appears in 1 contract
Events of Default, Etc. promptly uponupon any president, but in any event no later than two Business Days aftervice president, any chief financial officer, assistant treasurer, or other senior officer of the any Borrower obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Default, or becoming aware that any Lender or the Agent has given any notice (other 143 152 than to Administrative Agent) or taken any other action with respect to a claimed Event of Default or Default under this AgreementDefault, (b) that any Person has given any notice to the Borrower Company or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 8.2, (c) of any condition or event that would be required to be disclosed in a current report filed by the Borrower Company with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 4, 5 and 5 6 of such Form as in effect on the date hereof) if Company were required to file such reports under the Exchange Act, or (d) of the occurrence of any condition event or event which change that has had caused or could reasonably be expected to have evidences, either in any case or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Officers' Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Defaultdefault, event or condition, and what action the Borrower Company has taken, is taking and proposes to take with respect thereto;
Appears in 1 contract
Events of Default, Etc. promptly upon, but in any event no later than two Business Days after, upon any officer of the Borrower obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that any Lender or the Agent has given any notice (other than to Administrative Agent) or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the Borrower or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 8.2, (c) of any condition or event that would be required to be disclosed in a current report filed by the Borrower with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 and 5 6 of such Form as in effect on the date hereof) if Borrower were required to file such reports under the Exchange Act, or (d) of the occurrence of any condition event or event which change that has had caused or could reasonably be expected to have evidences, either in any case or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Officers' Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the Borrower has taken, is taking and proposes to take with respect thereto;
Appears in 1 contract
Events of Default, Etc. promptly upon, but in any event no later than two Business Days after, upon any officer of the Borrower obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that any Lender or the Agent has given any notice (other than to Administrative Agent) or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the Borrower or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 8.2, (c) of any condition or event that would be required to be disclosed in a current report filed by the Borrower with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 4, 5 and 5 6 of such Form as in effect on the date hereofClosing Date) if Borrower were required to file such reports under the Exchange Act, or (d) of the occurrence of any condition event or event which change that has had caused or could reasonably be expected to have evidences, either in any case or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Officers' Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the Borrower has taken, is taking and proposes to take with respect thereto;
Appears in 1 contract
Events of Default, Etc. promptly upon, but in any event no later than two Business Days after, any officer of upon the Borrower Company obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that the Agent or any Lender or the Agent has given any notice or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the Borrower or any of its Subsidiaries Company or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 7.1B, 7.1C, 7.1D or 7.1E, (c) of any condition or event that constitutes or may (upon the giving or receiving of notice or the lapse of time, later, or otherwise) a default, a potential event of default, an event of default (in each case, as defined in the agreement or instrument creating, evidencing or governing any such Indebtedness) under 102 114 or with respect to any Indebtedness in an aggregate principal amount of $1,000,000 or more (other than the Indebtedness hereunder), or any Related Document, or becoming aware that any agent, trustee, lender or security holder with respect thereto has given any notice or taken any other action with respect to such condition or event, (d) of any condition or event that would be required to be disclosed in a current report filed by the Borrower Company with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 4, and 5 6 of such Form as in effect on the date hereof) if the Company were required to file such reports under the Exchange Act, (e) that there has commenced, or is intended to be commenced, a Material Renovation/Restoration of any Property with respect to which a written notice of renovation or restoration shall not previously have been delivered to the Agent or (df) of the occurrence of any condition event or event which change that has had had, or could reasonably be expected to have have, either individually or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the Borrower Company has taken, is taking and proposes to take with respect thereto;
Appears in 1 contract
Samples: Senior Secured Revolving Credit Agreement (Prime Hospitality Corp)
Events of Default, Etc. promptly upon, but in any event no later than two Business Days after, upon any officer of the Borrower Borrowers obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that any Lender or the Agent has given any notice (other than to Administrative Agent) or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the Borrower or any of its Borrowers and their Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 8.2, (c) of any condition or event that would be required to be disclosed in a current report filed by the Borrower Borrowers with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 4, 5 and 5 6 of such Form as in effect on the date hereof) if Borrowers were required to file such reports under the Exchange Act, or (d) of the occurrence of any condition event or event which change that has had caused or could reasonably be expected to have evidences, either in any case or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Officers' Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the Borrower has Borrowers have taken, is are taking and proposes propose to take with respect thereto;
Appears in 1 contract
Samples: Credit Agreement (Grand Canal Shops Mall Construction LLC)
Events of Default, Etc. promptly upon, but in any event no later than two Business Days after, upon any officer of the Borrower Company obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Default, or becoming aware that any Lender or the Agent has given any notice (other than to Administrative Agent) or taken any other action with respect to a claimed Default or Event of Default or Default under this AgreementDefault, (b) that any Person has given any notice to the Borrower Company or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 7.2, (c) of any condition or event that would be required to be disclosed in a current report filed by the Borrower Company with the Securities and Exchange Commission SEC on Form 8-K (Items 1, 2, 3, 4 and 5 6 of such Form as in effect on the date hereof) if Company were required to file such reports under the Exchange Act, or (d) of the occurrence of any condition event or event which change that has had caused or could reasonably be expected to have evidences, either in any case or in the aggregate, a Material Adverse Effect (whichincluding, for such purposeswithout limitation, shall be determined with respect to the Borrower individuallytermination or modification of customer contracts), an Officer's Officers' Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed defaultDefault, Event of Default, Defaultdefault, event or condition, and what action the Borrower Company has taken, is taking and proposes to take with respect thereto;
Appears in 1 contract
Samples: Senior Subordinated Credit Agreement (Express Scripts Inc)
Events of Default, Etc. promptly upon, but in upon any event no later than two Business Days after, Responsible Officer of Company or any officer of the Borrower obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that any Lender Lender, or the any Agent has given any notice or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the Borrower Company or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 7.2, (c) of any condition or event that would be required to be disclosed in a current report filed by the Borrower Company with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 and 5 6 of such Form as in effect on the date hereof) (information required to be disclosed on Form 8-K shall be sent to Lenders when sent for filing with the Securities and Exchange Commission), or (d) of the occurrence of any condition event or event which change that has had caused or could reasonably be expected to have evidences, either individually or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Officers' Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the Company and each Borrower has taken, is taking and proposes to take with respect thereto;
Appears in 1 contract
Events of Default, Etc. promptly upon, but in upon any event no later than two Business Days after, any officer Officer of the Borrower either Obligor obtaining knowledge (aA) of any condition or event that constitutes an Event of Default or Default, or becoming aware that any Lender or the Agent has given any notice or taken any other action with respect to a claimed Event of Default or Default under this Agreement, (bB) that any Person creditor has given any notice to the Borrower either Obligor or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e7.1(b), (cC) of any condition or event that would be required to be disclosed in a current report filed by the Borrower or the Parent with the Securities and Exchange Commission SEC on Form 8-K if such Person were required to file such reports under the Exchange Act, (Items 1D) of the occurrence of any event or change that has had, 2or would reasonably be expected to have, 4 and 5 of such Form as in effect on the date hereof) a Material Adverse Effect, or (dE) of any condition or event that constitutes a default or an event of default (or any condition with which has had the passing of time or could reasonably be expected to have the giving of notice or both would, unless cured or waived, become a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)default or event of default) under any Concession or any other material Contractual Obligation, an Officer's Certificate specifying the nature and period of existence of such condition Default, Event of Default, condition, event or eventchange (including with respect to notices under clause (A) of this Section 5.1(b)(v), specific references to all provisions of the Loan Documents under which the Default or Event of Default has occurred) or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Default, default, event or condition, and what action the Borrower has taken, is taking and proposes to take with respect thereto;
Appears in 1 contract
Samples: Loan Agreement (Ata Holdings Corp)
Events of Default, Etc. promptly upon, but Promptly and in any event no later than within two Business Days after, after any officer of the Borrower obtaining Company obtains knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that any Lender or the Agent has given any notice (other than to Administrative Agent) or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the Borrower Company or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 8.2, (c) of any condition or event that would be required to be disclosed in a current report filed by the Borrower Company with the Securities and Exchange Commission SEC on Form 8-K (Items 1, 2, 3, 4 and 5 6 of such Form as in effect on the date hereof) if Company or any of its Subsidiaries were required to file such reports under the Exchange Act, or (d) of the occurrence of any condition event or event which change that has had caused or could reasonably be expected to have evidences, either in any case or in the aggregate, a Material Adverse Effect (whichincluding, for such purposeswithout limitation, shall be determined with respect to the Borrower individuallytermination or modification of customer contracts), an Officer's Officers' Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the Borrower Company or any of its Subsidiaries has taken, is are taking and proposes propose to take with respect thereto;
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Lincoln Electric Holdings Inc)
Events of Default, Etc. promptly upon, but in any event no later than two Business Days after, Promptly upon any officer of the Borrower or Parent or of any senior officer of any other Credit Party obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that any Lender has given any notice (other than to Administrative Agent) or taken any other action with respect to a claimed Event of Default or Potential Event of Default, (b) of any condition or event that constitutes an event of default under the Agent Parent Sub Debt Documents, or becoming aware that Ares Capital Corporation or any holder of the Parent Subordinated Debt has given any notice or taken any other action with respect to a claimed Event of Default or Default default under this Agreementthe Parent Sub Debt Documents, (bc) that any Person has given any notice to the Borrower or any of its Subsidiaries Credit Party or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 8.2, (c) of any condition or event that would be required to be disclosed in a current report filed by the Borrower with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 and 5 of such Form as in effect on the date hereof) or (d) of the occurrence of any condition event or event which change that has had caused or evidences, or that could reasonably be expected to have cause or evidence, either in any case or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's ’s Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the Borrower such Credit Party has taken, is taking and proposes to take with respect thereto;
Appears in 1 contract
Events of Default, Etc. promptly upon, but in upon any event no later than two Business Days after, any officer of the Borrower Loan Party obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that any Lender or the Agent has given any notice or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the Borrower COPT or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e), (c) Article 7 of any condition or event that would be required constitutes or may (upon the giving or receiving of notice or the lapse of time, later, or otherwise) a default, a potential event of default, an event of default (in each case, as defined in the agreement or instrument creating, evidencing or governing any such Indebtedness) under or with respect to be disclosed in a current report filed by any Indebtedness of COPT and its Subsidiaries (other than the Borrower Indebtedness hereunder), or becoming aware that any agent, trustee, lender or security holder with the Securities and Exchange Commission on Form 8-K (Items 1respect thereto has given any notice or taken any other action with respect to such condition or event, 2, 4 and 5 of such Form as in effect on the date hereof) or (d) of the occurrence of any condition event or event which change that has had had, or could reasonably be expected to have have, either individually or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Officers' Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the COPT and Borrower has have taken, is are taking and proposes propose to take with respect thereto;
Appears in 1 contract
Samples: Senior Secured Credit Agreement (Corporate Office Properties Trust)
Events of Default, Etc. promptly upon, but in any event no later than two Business Days after, upon any officer of the Borrower Company ---------------------- obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that any Lender or the Agent has given any notice (other than to Administrative Agent) or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the Borrower Company or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 8.2, (c) of any condition or event that would be required to be disclosed in a current report filed by the Borrower Company with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 4, 5 and 5 6 of such Form as in effect on the date hereof) if Company were required to file such reports under the Exchange Act, or (d) of the occurrence of any condition event or event which change that has had caused or could reasonably be expected to have evidences, either in any case or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Officers' Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the Borrower Company has taken, is taking and proposes to take with respect thereto;
Appears in 1 contract
Samples: Credit Agreement (Sandhills Inc)
Events of Default, Etc. promptly upon, but in upon any event no later than two Business Days after, any officer Responsible Officer of the Borrower Holdings or Company obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that any Lender or the Agent has given any notice (other than to Administrative Agent) or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the Borrower Holdings or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 8.2, (c) of any condition or event that would be required to be disclosed in a current report filed by the Borrower Holdings or Company with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 4, 5 and 5 6 of such Form as in effect on the date hereof) if Holdings or Company were required to file such reports under the Exchange Act, or (d) of the occurrence of any condition event or event which change that has had caused or could reasonably be expected to have evidences, either in any case or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Officers’ Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the Borrower Holdings or Company has taken, is taking and proposes to take with respect thereto;
Appears in 1 contract
Samples: Credit Agreement (Sealy Corp)
Events of Default, Etc. promptly upon, but in any event no later than two Business Days after, upon any officer of the Borrower any Loan Party obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that any Lender or the Agent has given any notice (other than to Administrative Agent) or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the Borrower any Loan Party or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 8.2, (c) of any condition or event that would be required to be disclosed in a current report filed by the Holdings or Borrower with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 and 5 6 of such Form as in effect on the date hereof) if Holdings or Borrower were required to file such reports under the Exchange Act, or (d) of the occurrence of any condition event or event which change that has had caused or could reasonably be expected to have evidences, either in any case or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Officers' Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the Borrower has taken, is taking and proposes to take with respect thereto;
Appears in 1 contract
Events of Default, Etc. promptly upon, but in upon any event no later than two Business Days after, any officer Responsible Officer of the Borrower obtaining knowledge (a) of any condition or event that constitutes a Default or an Event of Default (it being understood and agreed that the Borrower shall deliver the Officer’s Certificate required hereunder within 3 days after the date on which, to Borrower’s Knowledge, such condition or Default, or becoming aware that any Lender or the Agent event has given any notice or taken any other action with respect to a claimed Event of Default or Default under this Agreementoccurred), (b) that any Person has given any written notice to the Borrower or any of its Subsidiaries or taken any other action that could reasonably be expected to have a Material Adverse Effect on the Borrower or any of its Subsidiaries with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)7.6, or (c) of any condition or event that would be required to be disclosed in a current report filed by the Borrower with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 and 5 of such Form as in effect on the date hereof) or (d) occurrence of any condition event or event which change that has had caused or evidences or could be reasonably be expected to have cause, either in any case or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's ’s Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the written notice given or action taken by any such holder or Person and the nature of such claimed defaultDefault, Event of Default, Defaultdefault, event or condition, and what action the Borrower (or applicable Subsidiary) has taken, is taking and proposes to take with respect thereto;
Appears in 1 contract
Samples: Credit Agreement (Behringer Harvard Opportunity REIT I, Inc.)
Events of Default, Etc. promptly upon, but in upon any event no later than two Business Days after, any officer Responsible Officer ---------------------- of the Borrower Company obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that any Lender or the Agent has given any notice (other than to Administrative Agent) or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the Borrower Company or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 8.2, (c) of any condition or event that would be required to be disclosed in a current report filed by the Borrower Company with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 4, 5 and 5 6 of such Form as in effect on the date hereof) if Company were required to file such reports under the Exchange Act, or (d) of the occurrence of any condition event or event which change that has had caused or could reasonably be expected to have evidences, either in any case or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Company, an Officer's Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the Borrower Company has taken, is taking and proposes to take with respect thereto;
Appears in 1 contract
Samples: Credit Agreement (Urs Corp /New/)
Events of Default, Etc. promptly upon, but in any event no later than two Business Days after, upon any officer of the Borrower ----------------------- Company obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that any Lender or the Agent has given any notice (other than to Administrative Agent) or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the Borrower Holdings or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 9.2, (c) of any condition or event that would be required to be disclosed in a current report filed by the Borrower Holdings or Company with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 4, 5 and 5 6 of such Form as in effect on the date hereof) if Holdings or Company were required to file such reports under the Exchange Act, or (d) of the occurrence of any condition event or event which change that has had caused or could reasonably be expected to have evidences, either in any case or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the Borrower Holdings or Company has taken, is taking and proposes to take with respect thereto;
Appears in 1 contract
Samples: Credit Agreement (Wec Co)
Events of Default, Etc. promptly upon, but in any event no later than two Business Days after, upon any officer of the Borrower Company ----------------------- obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that any Lender or the Agent has given any notice to Company (other than to Administrative Agent) or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the Borrower Company or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 8.2, (c) of any condition or event that would be required to be disclosed in a current report filed by the Borrower Company with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 4, 5 and 5 6 of such Form as in effect on the date hereof) if Company were required to file such reports under the Exchange Act, or (d) of the occurrence of any condition event or event which change that has had caused or could reasonably be expected to have evidences, either in any case or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the Borrower Company has taken, is taking and proposes to take with respect thereto;
Appears in 1 contract
Events of Default, Etc. promptly upon, but in any event no later than two Business Days after, upon any officer of the Borrower Borrowers obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that any Lender or the Agent has given any notice (other than to Administrative Agent) or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the Borrower BHR or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)8.2, (c) of any condition or event that would be required to be disclosed in a current report filed by the Borrower BHR with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 and 5 6 of such Form as in effect on the date hereof) if BHR were required to file such reports under the Exchange Act, or (d) of the occurrence of any condition event or event which change that has had caused or could reasonably be expected to have constitutes, either in any case or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the Borrower has BHR or Borrowers have taken, is are taking and proposes propose to take with respect thereto;
Appears in 1 contract
Events of Default, Etc. promptly upon, but in any event no later than two Business Days after, Promptly upon any officer of the any Borrower obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that any Lender or the Agent has given any notice or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the any Borrower or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 8.10, (c) of any condition or event that would be required to be disclosed in a current report filed by the Borrower FTC with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 4, 5 and 5 6 of such Form as in effect on the date hereof) concurrently with the filing of such Form 8-K by FTC or (d) of the occurrence of any condition event or event which change that has had caused or could reasonably be expected to have evidences, either in any case or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the Borrower has Borrowers have taken, is are taking and proposes propose to take with respect thereto;.
Appears in 1 contract
Samples: Debtor in Possession Credit Agreement (Fruehauf Trailer Corp)
Events of Default, Etc. promptly upon, but in any event no later than two Business Days after, upon any officer of the Borrower Parent or any of its Subsidiaries obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that any Lender or the Agent has given any notice (other than to Administrative Agent) or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the Borrower Parent or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 7.2, (c) of any condition or event that would be required to be disclosed in a current report filed by the Borrower Parent or any of its Subsidiaries with the Securities and Exchange Commission on Form 8-K (Items 1if such Person were required to file such reports under the Exchange Act, 2, 4 and 5 of such Form as in effect on the date hereof) or (d) of the occurrence of any condition event or event which change that has had caused or could reasonably be expected to have evidences, either in any case or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's ’s Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the Borrower such Person has taken, is taking and proposes to take with respect thereto;
Appears in 1 contract
Events of Default, Etc. promptly upon, but in any event no later than two Business Days after, upon any officer of the Borrower Company ----------------------- obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that any Lender or the Agent has given any notice (other than to Agent) or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the Borrower Company or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 8.2, (c) of any condition or event that would be required to be disclosed in a current report filed by the Borrower Company with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 4, 5 and 5 6 of such Form as in effect on the date hereof) if Company were required to file such reports under the Exchange Act, or (d) of the occurrence of any condition event or event which change that has had caused or could reasonably be expected to have evidences, either in any case or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Officers' Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the Borrower Company has taken, is taking and proposes to take with respect thereto;
Appears in 1 contract
Events of Default, Etc. promptly upon, but in any event no later than two Business Days after, any officer of the Borrower obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Default, or becoming aware that any Lender or the Agent has given any notice or taken any other action with respect to a claimed Event of Default or Default under this Agreement, (b) that any Person has given any notice to the Borrower or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e), (c) of any condition or event that would be required to be disclosed in a current report filed by the Borrower with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 and 5 of such Form as in effect on the date hereof) if the Borrower were a filing Person under the rules thereof or (d) of any condition or event which has had or could reasonably be expected to have a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually), an Officer's Certificate specifying the nature and period of existence of such condition or event, or specifying the notice given or action taken by such holder or Person and the nature of such claimed default, Event of Default, Default, event or condition, and what action the Borrower has taken, is taking and proposes to take with respect thereto;
Appears in 1 contract
Events of Default, Etc. promptly upon, but in any event no later than two Business Days after, upon any officer of the Borrower Company obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that any Lender or the Agent has given any notice (other than to Agent) or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the Borrower Company or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 8.2, (c) of any condition or event that would be required to be disclosed in a current report filed by the Borrower Company with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 4, 5 and 5 6 of such Form as in effect on the date hereof) if Company were required to file such reports under the Exchange Act, or (d) of the occurrence of any condition event or event which change that has had caused or could reasonably be expected to have evidences, either in any case or in the aggregate, a Material Adverse Effect (whichincluding, for such purposeswithout limitation, shall be determined with respect to the Borrower individuallytermination or modification of customer contracts), an Officer's Officers' Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the Borrower Company has taken, is taking and proposes to take with respect thereto;
Appears in 1 contract
Events of Default, Etc. promptly upon, but in any event no later than two Business Days after, upon any officer of the Borrower obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that any Lender or the Agent has given any notice (other than to Administrative Agent) or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the Borrower or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 8.2, (c) of any condition or event that would be required to be disclosed in a current report filed by the Borrower with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 4, 5 and 5 6 of such Form as in effect on the date hereof) if Borrower were required to file such reports under the Exchange Act, or (d) of the occurrence of any condition event or event which change that has had caused or could reasonably be expected to have evidences, either in any case of in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Officers' Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the Borrower has taken, is taking and proposes to take with respect thereto;
Appears in 1 contract
Events of Default, Etc. promptly upon, but in upon any event no later than two Business Days after, Officer of any officer of the Borrower Obligor obtaining knowledge (aA) of any condition or event that constitutes an Event of Default or Default, or becoming aware that any Lender or the Agent has given any notice or taken any other action with respect to a claimed Event of Default or Default under this Agreement, (bB) that any Person creditor has given any notice to the Borrower or any of its Subsidiaries Obligor or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e7.1(b), (cC) of any condition or event that would be required to be disclosed in a current report filed by the Borrower an Obligor with the Securities and Exchange Commission SEC on Form 8-K if such Person were required to file such reports under the Exchange Act, (Items 1D) of the occurrence of any event or change that has had, 2or would reasonably be expected to have, 4 and 5 of such Form as in effect on the date hereof) a Material Adverse Effect, or (dE) of any condition or event that constitutes a default or an event of default (or any condition with which has had the passing of time or could reasonably be expected to have the giving of notice or both would, unless cured or waived, become a Material Adverse Effect default or event of default) under any material Contractual Obligation (whichincluding, for such purposeswithout limitation, shall be determined with respect to the Borrower individuallyAir Mobility Command Agreement), an Officer's ’s Certificate specifying the nature and period of existence of such condition Default, Event of Default, condition, event or eventchange (including with respect to notices under clause (A) of this Section 5.1(b)(v), specific references to all provisions of the Loan Documents under which the Default or Event of Default has occurred) or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Default, default, event or condition, and what action the Borrower or other applicable Obligor has taken, is taking and proposes to take with respect thereto;
Appears in 1 contract
Samples: Loan Agreement
Events of Default, Etc. promptly upon, but in any event no later than two Business Days after, upon any officer of the Borrower Company ----------------------- obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that any Lender or the Agent has given any notice to Company (other than to Administrative Agent) or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the Borrower Company or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 8.2, (c) of any condition or event that would be required to be disclosed in a current report filed by the Borrower Company with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 4, 5 and 5 6 of such Form as in effect on the date hereof) if Company were required to file such reports under the Exchange Act, or (d) of the occurrence of any condition event or event which change that has had caused or could reasonably be expected to have evidences, either in any case or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the Borrower Company has taken, is taking and proposes to take with respect thereto;; (x)
Appears in 1 contract
Events of Default, Etc. promptly upon, but in any event no later than two Business Days after, upon any officer of the Borrower Borrowers obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that any Lender or the Agent has given any notice (other than to the Administrative Agent) or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the Borrower or any of its Borrowers and their Restricted Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 8.2, (c) of any condition or event that would be required to be disclosed in a current report filed by the Borrower Borrowers with the Securities and Exchange Commission on Form 8-K (Items 12.01, 24.01, 4 5.01, 7.01 and 5 8.01 of such Form as in effect on the date hereofClosing Date) if the Borrowers were required to file such reports under the Exchange Act, or (d) of the occurrence of any condition event or event which change that has had caused or could reasonably be expected to have evidences, either in any case or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Officers’ Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the Borrower has Borrowers have taken, is are taking and proposes propose to take with respect thereto;
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Samples: Ff&e Facility Credit Agreement (Las Vegas Sands Corp)
Events of Default, Etc. promptly upon, but in any event no later than two Business Days after, upon any officer of the Borrower any ----------------------- Loan Party obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that any Lender or the Agent has given any notice (other than to Administrative Agent) or taken any other action with 133 respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the a Borrower or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 8.2, (c) of any condition or event that would be required to be disclosed in a current report filed by the a Borrower with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 4, 5 and 5 6 of such Form as in effect on the date hereof) if such Borrower were required to file such reports under the Exchange Act, or (d) of the occurrence of any condition event or event which change that has had caused or could reasonably be expected to have evidences, either in any case or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Officers' Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the Borrower has Borrowers have taken, is are taking and proposes propose to take with respect thereto;
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Events of Default, Etc. promptly upon, but in any event no later than two Business Days after, upon any officer of the Borrower Company obtaining knowledge (a) of any that a condition or event that constitutes an Event of Default or DefaultPotential Event of Default has occurred and is continuing, or becoming aware that any Lender or the Agent has given any notice (other than to Agent) or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the Borrower Company or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 8.2, (c) of any condition or event 125 133 that would be required to be disclosed in a current report filed by the Borrower Company with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 4, 5 and 5 6 of such Form as in effect on the date hereof) or (d) of the occurrence of any condition event or event which change that has had caused or could reasonably be expected to have evidences, either in any case or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Officers' Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the Borrower Company has taken, is taking and proposes to take with respect thereto;
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Events of Default, Etc. promptly upon, but in upon any event no later than two Business Days after, any officer Responsible ----------------------- Officer of the Borrower Company obtaining knowledge (a) of any condition or event that constitutes an Event of Default or Potential Event of Default, or becoming aware that any Lender or the Agent has given any notice (other than to Administrative Agent) or taken any other action with respect to a claimed Event of Default or Default under this AgreementPotential Event of Default, (b) that any Person has given any notice to the Borrower Company or any of its Subsidiaries or taken any other action with respect to a claimed default or event or condition of the type referred to in Section 7(b) and (e)subsection 8.2, (c) of any condition or event that would be required to be disclosed in a current report filed by the Borrower Company with the Securities and Exchange Commission on Form 8-K (Items 1, 2, 4 4, 5 and 5 6 of such Form as in effect on the date hereof) if Company were required to file such reports under the Exchange Act, or (d) of the occurrence of any condition event or event which change that has had caused or could reasonably be expected to have evidences, either in any case or in the aggregate, a Material Adverse Effect (which, for such purposes, shall be determined with respect to the Borrower individually)Effect, an Officer's Officers' Certificate specifying the nature and period of existence of such condition condition, event or eventchange, or specifying the notice given or action taken by any such holder or Person and the nature of such claimed default, Event of Default, Potential Event of Default, default, event or condition, and what action the Borrower has Company have taken, is are taking and proposes propose to take with respect thereto;
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Samples: Credit Agreement (LTM Holdings Inc)