Common use of INDICTMENT - FORFEITURE Clause in Contracts

INDICTMENT - FORFEITURE. The indictment of, or institution of any legal process or proceeding against, the Borrower, under any federal, state, municipal, and other civil or criminal statute, rule, regulation, order, or other requirement having the force of law where the relief, penalties, or remedies sought or available include the forfeiture of any property of the Borrower and/or the imposition of any stay or other order, the effect of which would reasonably be expected to restrain in any material way the conduct by the Borrower of its business in the ordinary course.

Appears in 4 contracts

Samples: Loan and Security Agreement (Aeropostale Inc), Loan and Security Agreement (Aeropostale Inc), Loan and Security Agreement (Aeropostale Inc)

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INDICTMENT - FORFEITURE. The indictment of, or institution of any legal process or proceeding against, the any Borrower, under any federal, state, municipal, and other civil or criminal statute, rule, regulation, order, or other requirement having the force of law where the relief, penalties, or remedies sought or available include the forfeiture of any property of the any Borrower and/or the imposition of any stay or other order, to the effect of which extent such relief, penalties, remedies, stay or other order would reasonably be expected to restrain in any material way the conduct by the Borrower of its business in the ordinary coursehave a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan and Security Agreement (Lechters Inc), Loan and Security Agreement (Lechters Inc), Loan and Security Agreement (Lechters Inc)

INDICTMENT - FORFEITURE. The indictment of, or institution of any legal process or proceeding against, a MARC Principal, the Borrower, the Property Owner, or any other MARC Entity under any federal, state, municipal, and other civil or criminal statute, rule, regulation, order, or other requirement having the force of applicable law where the relief, penalties, or remedies sought or available include the forfeiture of any property of the Borrower their respective properties and/or the imposition of any stay or other order, the effect of which would could reasonably be expected to restrain in any material way the conduct by the Borrower of its business in the ordinary coursehave a Material Adverse Effect.

Appears in 2 contracts

Samples: Omnibus Agreement (First Union Real Estate Equity & Mortgage Investments), Omnibus Agreement (First Union Real Estate Equity & Mortgage Investments)

INDICTMENT - FORFEITURE. The indictment of, or institution of any legal process or proceeding against, the any Borrower, under any federal, state, municipal, and other civil or criminal statute, rule, regulation, order, or other requirement having the force of law where the relief, penalties, or remedies sought or available include the forfeiture of any property of the any Borrower and/or the imposition of any stay or other order, the effect of which would reasonably be expected to restrain in any material way the conduct by the Borrower of its business in the ordinary coursehave a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Sports Authority Inc /De/), Loan and Security Agreement (Sports Authority Inc /De/)

INDICTMENT - FORFEITURE. The indictment of, or institution of any legal process or proceeding against, the Borrowerany Borrower or any of its officers or directors, or any Guarantor, under any federal, state, municipal, and other civil or criminal statute, rule, regulation, order, or other requirement having the force of applicable law where the relief, penalties, or remedies sought or available are a felony or include the forfeiture of any more than $150,000 of property of the Borrower and/or the imposition of any stay or other order, the effect of which would reasonably could be expected to restrain in any material way the conduct by the Borrower of its business in the ordinary course.

Appears in 2 contracts

Samples: Loan and Security Agreement (Hightimes Holding Corp.), Loan and Security Agreement (Origo Acquisition Corp)

INDICTMENT - FORFEITURE. The indictment of, or institution of any legal process or proceeding against, the Borrower, any other Loan Party, and/or any Borrower Subsidiary under any federal, state, municipal, and other civil or criminal statute, rule, regulation, order, or other requirement having the force of law applicable Law where the relief, penalties, or remedies sought or available include the forfeiture of any property of the Borrower and/or any other such Person and/or the imposition of any stay or other order, the effect of which would reasonably could be expected to restrain in any material way the conduct by the Borrower and/or any other such Person of its business in the ordinary course.

Appears in 2 contracts

Samples: Loan Agreement (Cedar Shopping Centers Inc), Loan Agreement (Cedar Shopping Centers Inc)

INDICTMENT - FORFEITURE. The indictment of, or institution of any legal process or proceeding by any governmental instrumentality against, the any Borrower, under any federal, state, municipal, and other civil or criminal statute, rule, regulation, order, or other requirement having the force of law where the relief, penalties, or remedies sought or available include the forfeiture of any material property of the such Borrower and/or the imposition of any stay or other order, the effect of which would reasonably could be expected to restrain in any material way the conduct by the such Borrower of its business in the ordinary course.

Appears in 1 contract

Samples: Loan and Security Agreement (Dynagen Inc)

INDICTMENT - FORFEITURE. The indictment of, or institution of any legal process or proceeding against, the Borrower, under any federal, state, municipal, and other civil or criminal statute, rule, regulation, order, or other requirement having the force of law where the relief, penalties, or remedies sought or available include provide for the forfeiture of any a material portion of the property of the Borrower and/or the imposition of any stay which proceedings or other order, the effect of which would forfeiture could reasonably be expected to restrain in any have a material way adverse effect on the conduct by the Borrower of its business in the ordinary courseBorrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Harrys Farmers Market Inc)

INDICTMENT - FORFEITURE. The indictment of, or institution of any legal process or proceeding against, the Borrower, under any federal, state, municipal, and other civil or criminal statute, rule, regulation, order, or other requirement having the force of law where the relief, penalties, or remedies sought or available include the forfeiture of any property of the Borrower and/or and, or the imposition of any stay or other order, the effect of which would reasonably be expected to restrain in any material way the conduct by the Borrower of its business in the ordinary course.

Appears in 1 contract

Samples: Loan and Security Agreement (Aeropostale Inc)

INDICTMENT - FORFEITURE. The indictment of, or institution of any legal process or proceeding against, the Borrower, any Executive Officer or any guarantor of the liabilities under any federal, state, municipal, and other civil or criminal statute, rule, regulation, order, or other requirement having the force of law where the relief, penalties, or remedies sought or available include the forfeiture of any property of the Borrower and/or the imposition of any stay or other order, the effect of which would reasonably be expected to restrain in any material way the conduct by the Borrower of its business in the ordinary course.or

Appears in 1 contract

Samples: Loan Agreement (Crown Books Corp)

INDICTMENT - FORFEITURE. The indictment of, or institution of any legal process or proceeding against, the any Borrower, under any federal, state, municipal, and other civil or criminal statute, rule, regulation, order, or other requirement having the force of law Applicable Law where the relief, penalties, or remedies sought or available include the forfeiture of any property of the any Borrower and/or aggregating for all Borrowers an amount not to exceed $1,000,000.00,and/or the imposition of any stay or other order, the effect of which would reasonably be expected to restrain in any material way the conduct by the Borrower of its business in the ordinary coursehave a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Phar Mor Inc)

INDICTMENT - FORFEITURE. The indictment of, or institution of any legal process or proceeding against, the Borrower, under any federal, state, municipal, and other civil or criminal statute, rule, regulation, order, or other requirement having the force of law where the relief, penalties, or remedies sought or available include the forfeiture of any property of the Borrower and/or the imposition of any stay or other order, the effect reasonable likelihood of which would reasonably be expected to restrain could result in any a material way adverse restraint on the conduct by the Borrower of its business in the ordinary course.

Appears in 1 contract

Samples: Loan and Security Agreement (CSS Trade Names Inc)

INDICTMENT - FORFEITURE. The indictment of, or institution of any legal process or proceeding against, the any Borrower, under any federal, state, municipal, and other civil or criminal statute, rule, regulation, order, or other requirement having the force of law where the relief, penalties, or remedies sought or available include the forfeiture of any property of the any Borrower and/or the imposition of any stay or other order, the effect of which would reasonably could be expected to restrain in any material way the conduct by the any Borrower of its business in the ordinary course.

Appears in 1 contract

Samples: Loan and Security Agreement (Homeplace of America Inc)

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INDICTMENT - FORFEITURE. The indictment of, conviction by any governmental authority against either Borrower or institution any of any legal process its officers or proceeding against, the Borrowerdirectors, under any federal, state, municipal, and other applicable criminal or civil or criminal statute, rule, regulation, order, or other requirement having the force of regulatory law where the reliefpenalties levied against either Borrower include a fine, penalties, penalty or remedies sought or available include the forfeiture of any more than $100,000 of property of the either Borrower and/or the imposition of any stay or other order, the effect of which would reasonably could be expected to restrain in any material way the conduct by the either Borrower of its business in the ordinary course.

Appears in 1 contract

Samples: Loan and Security Agreement (Transcat Inc)

INDICTMENT - FORFEITURE. The indictment of, or institution of any legal process or proceeding against, the Borrower, under any federal, state, municipal, and other civil or criminal statute, rule, regulation, order, or other requirement having the force of law where the relief, penalties, or remedies sought or available include the forfeiture of any more than a de minimus part of the property of the Borrower and/or the imposition of any stay or other order, the effect of which would reasonably could be expected to restrain in any material way the conduct by the Borrower of its business in the ordinary course.

Appears in 1 contract

Samples: Loan and Security Agreement (Baker J Inc)

INDICTMENT - FORFEITURE. The indictment of, or institution of any legal process or proceeding against, the any Borrower, under any federal, state, municipal, and other civil or criminal statute, rule, regulation, order, or other requirement having the force of law Applicable Law where the relief, penalties, or remedies sought or available include the forfeiture of any property of the such Borrower and/or the imposition of any stay or other order, the effect of which would reasonably could be expected to restrain in any material way the conduct by the such Borrower of its business in the ordinary course.

Appears in 1 contract

Samples: Loan and Security Agreement (Dreams Inc)

INDICTMENT - FORFEITURE. The indictment of, or institution of any legal process or proceeding against, the any Borrower, under any federal, state, municipal, and other civil or criminal statute, rule, regulation, order, or other requirement having the force of law Applicable Law where the relief, penalties, or remedies sought or available include the forfeiture of any property of the any Borrower and/or the imposition of any stay or other order, the effect of which would be reasonably likely to be expected to restrain in any material way the conduct by the Borrower of its business in the ordinary coursea Material Adverse Change.

Appears in 1 contract

Samples: Loan and Security Agreement (Drugmax Inc)

INDICTMENT - FORFEITURE. The indictment of, or institution of any ----------------------- legal process or proceeding against, the Borrower, under any federal, state, municipal, and other civil or criminal statute, rule, regulation, order, or other requirement having the force of law where the relief, penalties, or remedies sought or available include the forfeiture of any property of the Borrower and/or the imposition of any stay or other order, the effect of which would reasonably could be expected to restrain in any material way the conduct by the Borrower of its business in the ordinary course.

Appears in 1 contract

Samples: Loan and Security Agreement (Number Nine Visual Technology Corp)

INDICTMENT - FORFEITURE. The indictment of, or institution of any legal process or proceeding against, the any Borrower, under any federal, state, municipal, and other civil or criminal statute, rule, regulation, order, or other requirement having the force of law Applicable Law where the relief, penalties, or remedies sought or available include the forfeiture of any property of the any Borrower and/or the imposition of any stay or other order, the effect of which would could reasonably be expected to restrain in any material way the conduct by the Borrower of its business in the ordinary coursehave a Material Adverse Effect.

Appears in 1 contract

Samples: Loan Agreement (Lojack Corp)

INDICTMENT - FORFEITURE. The indictment of, or institution of any legal process or proceeding against, the Borrower, under any federal, state, municipal, and other civil or criminal statute, rule, regulation, order, or other requirement having the force of law Applicable Law where the relief, penalties, or remedies sought or available include the forfeiture of any property of the Borrower and/or the imposition of any stay or other order, the effect of which would reasonably could be expected to restrain in any material way the conduct by the Borrower of its business in the ordinary course. 10.

Appears in 1 contract

Samples: Loan and Security Agreement (Golf Galaxy, Inc.)

INDICTMENT - FORFEITURE. The indictment of, or institution of any legal process or proceeding against, the Borrower, under any federal, state, municipal, and other civil or criminal statute, rule, regulation, order, or other requirement having the force of law Applicable Law where the relief, penalties, or remedies sought or available include the forfeiture of any property a material portion of the Borrower Borrower’s property and/or the imposition of any stay or other order, the effect of which would is reasonably be expected likely to restrain result in any material way the conduct by the Borrower of its business in the ordinary coursea Material Adverse Change.

Appears in 1 contract

Samples: Loan and Security Agreement (Redenvelope Inc)

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