Common use of IMMEDIATE NOTICE TO ADMINISTRATIVE AGENT Clause in Contracts

IMMEDIATE NOTICE TO ADMINISTRATIVE AGENT. (a) The Lead Borrower shall provide the Administrative Agent with written notice promptly upon the occurrence of any of the following events, which written notice shall be with reasonable particularity as to the facts and circumstances in respect of which such notice is being given: (i) any change in any Credit Party's President, chief executive officer, chief operating officer, and chief financial officer (without regard to the title(s) actually given to the Persons discharging the duties customarily discharged by officers with those titles); (ii) any cessation of any Credit Party's making of payment, in the ordinary course, to any of its creditors (other than its cessation of making of such payments on account of a dispute with such creditor), which would have a Material Adverse Effect; (iii) any failure by any Credit Party to pay rent at any of that Credit Party's locations, which failure continues for more than three (3) days following the last day on which such rent was payable and which failure is likely to have a Material Adverse Effect, unless such rent is being disputed by the Credit Parties in good faith and the Credit Parties have established adequate reserves therefor in accordance with GAAP; (iv) any event which the Lead Borrower determines to have a Material Adverse Effect; (v) the occurrence of any Default; (vi) any intention on the part of any Credit Party to discharge that Credit Party' s present independent accountants or any withdrawal or resignation by such independent accountants from their acting in such capacity (as to which, see Subsection 5.1(d)); and (vii) any litigation which, if determined adversely to any Credit Party, would have a Material Adverse Effect. (b) The Lead Borrower shall: (i) provide the Administrative Agent, when so distributed, with copies of any materials distributed to the shareholders of the Lead Borrower; (ii) provide the Administrative Agent: (A) when filed, copies of all filings with the SEC; and (B) when received, copies of all correspondence from the SEC, other than routine non-substantive general communications from the SEC. (iii) add the Administrative Agent as an addressee on all investor mailing lists maintained by each Credit Party; and (iv) provide the Administrative Agent, when received by any Credit Party, with a copy of any management letter or similar communications from any accountant of any Credit Party.

IMMEDIATE NOTICE TO ADMINISTRATIVE AGENT. (a) The Lead Borrower shall provide the Administrative Agent with written notice promptly upon the occurrence of any of the following events, which written notice shall be with reasonable particularity as to the facts and circumstances in respect of which such notice is being given: (i) any Any change in any Credit PartyBorrower's President, chief executive officer, chief operating officer, and chief financial officer (without regard to the title(s) actually given to the Persons discharging the duties customarily discharged by officers with those titles);. (ii) any cessation Any ceasing of any Credit PartyBorrower's making of payment, in the ordinary course, to any of its creditors (other than its cessation ceasing of making of such payments on account of a dispute with such creditorde minimis dispute), which would have a Material Adverse Effect;. (iii) any Any failure by any Credit Party Borrower to pay rent at any of that Credit PartyBorrower's locations, which failure continues for more than three Three (3) days following the last day on which such rent was payable and which failure is likely without more than a de minimis adverse effect to have a Material Adverse Effect, unless such rent is being disputed by the Credit Parties in good faith and the Credit Parties have established adequate reserves therefor in accordance with GAAP;that Borrower. (iv) Any material adverse change in the business, operations, or financial affairs of any event which the Lead Borrower determines to have a Material Adverse Effect;Borrower. (v) the occurrence of any Default;Any Borrower's becoming InDefault. (vi) any Any intention on the part of any Credit Party Borrower to discharge that Credit Party' s Borrower's present independent accountants or any withdrawal or resignation by such independent accountants from their acting in such capacity (as to which, see Subsection 5.1(d)); and. (vii) any Any litigation which, if determined adversely to any Credit PartyBorrower, would might have a Material Adverse Effectmaterial adverse effect on the financial condition of that Borrower. (viii) Any failure by any Borrower's operations to be Year 2000 Compliant, except where such failure has no more than a de minimis adverse effect on the Borrowers' operations. (b) The Lead Borrower shall: (i) provide Provide the Administrative Agent, when so distributed, with copies of any materials distributed to the shareholders of the Lead Borrower; Borrower (ii) provide the Administrative Agent: (A) when filed, copies of all filings with the SEC; and (B) when received, copies of all correspondence from the SEC, other than routine non-substantive general communications from the SECqua such shareholders). (iii) add the Administrative Agent as an addressee on all investor mailing lists maintained by each Credit Party; and (iv) provide the Administrative Agent, when received by any Credit Party, with a copy of any management letter or similar communications from any accountant of any Credit Party.

IMMEDIATE NOTICE TO ADMINISTRATIVE AGENT. (a) The Lead Borrower shall provide the Administrative Agent with written notice promptly upon the occurrence of any of the following events, which written notice shall be with reasonable particularity as to the facts and circumstances in respect of which such notice is being given: (i) any Any change in any Credit PartyBorrower's President, chief executive officer, chief operating officer, and chief financial officer (without regard to the title(s) actually given to the Persons discharging the duties customarily discharged by officers with those titles);. (ii) any Any cessation of any Credit PartyBorrower's making of payment, in the ordinary course, to any of its creditors (other than its cessation of making of such payments on account of a dispute with such creditor), which would have a Material Adverse Effect;material adverse effect on the financial condition of the Borrowers taken as a whole. (iii) any Any failure by any Credit Party Borrower to pay rent at any of that Credit PartyBorrower's locations, which failure continues for more than three (3) days following the last day on which such rent was payable and which failure is likely without a material adverse effect to have the Borrowers taken as a Material Adverse Effectwhole, unless such rent is being disputed by the Credit Parties Borrowers in good faith and the Credit Parties Borrowers have established adequate reserves therefor in accordance with GAAP;. (iv) any Any event which the Lead Borrower determines to have a Material Adverse Effect;material adverse effect in the business, operations, or financial affairs of the Borrowers taken as a whole. (v) the The occurrence of any Default;. (vi) any Any intention on the part of any Credit Party Borrower to discharge that Credit Party' s Borrower's present independent accountants or any withdrawal or resignation by such independent accountants from their acting in such capacity (as to which, see Subsection 5.1(d5-l(d)); and. (vii) any Any litigation which, if determined adversely to any Credit PartyBorrower, would have a Material Adverse Effectmaterial adverse effect on the financial condition of the Borrowers taken as a whole. (b) The Lead Borrower shall: (i) provide Provide the Administrative Agent, when so distributed, with copies of any materials distributed to the shareholders of the Lead Borrower; Borrower (ii) provide the Administrative Agent: (A) when filed, copies of all filings with the SEC; and (B) when received, copies of all correspondence from the SEC, other than routine non-substantive general communications from the SECqua such shareholders). (iii) add the Administrative Agent as an addressee on all investor mailing lists maintained by each Credit Party; and (iv) provide the Administrative Agent, when received by any Credit Party, with a copy of any management letter or similar communications from any accountant of any Credit Party.

IMMEDIATE NOTICE TO ADMINISTRATIVE AGENT. (ai) The Lead Borrower shall provide the Administrative Agent with written notice promptly upon the occurrence of any of the following events, which written notice shall be with reasonable particularity as to the facts and circumstances in respect of which such notice is being given: (iA) any Any change in any Credit PartyBorrower's President, chief executive officer, chief operating officer, and chief financial officer officer, controller and vice president of finance (without regard to the title(s) actually given to the Persons discharging the duties customarily discharged by officers with those titles);. (iiB) any cessation Any ceasing of any Credit PartyBorrower's making of payment, in the ordinary course, to any of its creditors (other than its cessation ceasing of making of such payments on account of a dispute with such creditorDE MINIMIS dispute), which would have a Material Adverse Effect;. (iiiC) any Any failure by any Credit Party Borrower to pay rent at any of that Credit PartyBorrower's locations, which failure continues for more than three (3) days following the last day on which such rent was payable and which failure is likely without more than a de minimis adverse effect to have a Material Adverse Effect, unless such rent is being disputed by the Credit Parties in good faith and the Credit Parties have established adequate reserves therefor in accordance with GAAP;that Borrower. (ivD) Any material adverse change in the business, operations, or financial affairs of any event which the Lead Borrower determines to have a Material Adverse Effect;Borrower. (vE) the occurrence of any Default;Any Borrower's becoming InDefault. (viF) any Any intention on the part of any Credit Party Borrower to discharge that Credit Party' s Borrower's present independent accountants or any withdrawal or resignation by such independent accountants from their acting in such capacity (as to which, see SEE Subsection 5.1(d6(a)(iv)); and. (viiG) any Any litigation which, if determined adversely to any Credit PartyBorrower, would might have a Material Adverse Effectmaterial adverse effect on the financial condition of that Borrower. (bii) The Lead Borrower shall: (iA) provide Provide the Administrative Agent, when so distributed, with copies of any materials distributed to the shareholders of the Lead Borrower; Borrower (ii) provide the Administrative Agent: (A) when filed, copies of all filings with the SEC; andQUA such shareholders). (B) when receivedPromptly after the sending or filing thereof, furnish the Administrative Agent with copies of all correspondence from statements, reports, press releases, and other information any Borrower files with the SEC, other than routine non-substantive general communications from the SECSecurities and Exchange Commission or any national (domestic or foreign) securities exchange. (iiiC) add Add the Administrative Agent as an addressee on all investor mailing lists maintained by or for each Credit Party; andBorrower. (ivD) At the request of the Administrative Agent, from time to time, provide the Administrative Agent with copies of all advertising (including copies of all print advertising and duplicate tapes of all video and radio advertising). (E) Provide the Administrative Agent, when received by any Credit PartyBorrower, with a copy of any management letter or similar communications from any accountant of any Credit PartyBorrower.

IMMEDIATE NOTICE TO ADMINISTRATIVE AGENT. (a) The Lead Borrower shall provide the Administrative Agent with written notice promptly upon the occurrence of any of the following events, which written notice shall be with reasonable particularity as to the facts and circumstances in respect of which such notice is being given: (i) any change in any Credit Party's President, chief executive officer, chief operating officer, and chief financial officer (without regard to the title(s) actually given to the Persons discharging the duties customarily discharged by officers with those titles); (ii) any cessation of any Credit Party's making of payment, in the ordinary course, to any of its creditors (other than its cessation of making of such payments on account of a dispute with such creditor), which would have a Material Adverse Effect; (iii) any failure by any Credit Party to pay rent at any of that Credit Party's locations, which failure continues for more than three (3) days following the last day on which such rent was payable and which failure is likely to have a Material Adverse Effect, unless such rent is being disputed by the Credit Parties in good faith and the Credit Parties have established adequate reserves therefor in accordance with GAAP; (iv) any event which the Lead Borrower determines to have a Material Adverse Effect; (v) the occurrence of any Default; (vi) any intention on the part of any Credit Party to discharge that Credit Party' s 's present independent accountants or any withdrawal or resignation by such independent accountants from their acting in such capacity (as to which, see Subsection 5.1(d)); and (vii) any litigation which, if determined adversely to any Credit Party, would have a Material Adverse Effect. (b) The Lead Borrower shall: (i) provide the Administrative Agent, when so distributed, with copies of any materials distributed to the shareholders of the Lead Borrower; (ii) provide the Administrative Agent: (A) when filed, copies of all filings with the SEC; and (B) when received, copies of all correspondence from the SEC, other than routine non-substantive general communications from the SEC. (iii) add the Administrative Agent as an addressee on all investor mailing lists maintained by each Credit Party; and (iv) provide the Administrative Agent, when received by any Credit Party, with a copy of any management letter or similar communications from any accountant of any Credit Party.