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 Applicable Law where the relief, penalties, or remedies sought or available include the forfeiture of any material property of the Borrower and/or the imposition of any stay or other order, the effect of which could be to restrain in any material way the conduct by the Borrower of its business in the ordinary course, which is not dismissed or appealed from within thirty (30) days when instituted or imposed.

Appears in 3 contracts

Samples: Loan and Security Agreement (Hastings Entertainment Inc), Loan and Security Agreement (Hastings Entertainment Inc), Loan and Security Agreement (Hastings Entertainment Inc)

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INDICTMENT - FORFEITURE. The indictment of, or institution of any legal process or proceeding against, the any Borrower, under any Applicable Law where the relief, penalties, or remedies sought or available include the forfeiture of any material more than $500,000 of property of the any Borrower and/or the imposition of any stay or other order, the effect of which could be to restrain in any material way the conduct by the any Borrower of its business in the ordinary course, which is not dismissed or appealed from within thirty (30) days when instituted or imposed.

Appears in 2 contracts

Samples: Loan and Security Agreement (Jacobson Stores Inc), Loan and Security Agreement (Jacobson Stores Inc)

INDICTMENT - FORFEITURE. The indictment of, or institution of any legal process or proceeding against, the any Borrower, under any Applicable Law where the relief, penalties, or remedies sought or available include the forfeiture of any material property of the any Borrower and/or the imposition of any stay or other order, the effect of which could be to restrain in any material way the conduct by the any Borrower of its their business in the ordinary course, which is not dismissed or appealed from within thirty (30) days when instituted or imposed.

Appears in 1 contract

Samples: Loan and Security Agreement (Gander Mountain Co)

INDICTMENT - FORFEITURE. The indictment of, or institution of any legal process or proceeding against, the BorrowerBorrower or any of its officers or directors, under any Applicable Law applicable law where the relief, penalties, or remedies sought or available are a felony or include the forfeiture of any material more than $150,000 of property of the Borrower and/or the imposition of any stay or other order, the effect of which could be to restrain in any material way the conduct by the Borrower of its business in the ordinary course, which is not dismissed or appealed from within thirty (30) days when instituted or imposed.

Appears in 1 contract

Samples: Loan and Security Agreement (I/Omagic Corp)

INDICTMENT - FORFEITURE. The indictment of, or institution of any legal process or proceeding against, the Borrower, under any Applicable Law where the relief, penalties, or remedies sought or available include the forfeiture of any a material property portion of the Borrower Borrower's property and/or the imposition of any stay or other order, the effect of which could be is reasonably likely to restrain result in any material way the conduct by the Borrower of its business in the ordinary course, which is not dismissed or appealed from within thirty (30) days when instituted or imposeda Material Adverse Change.

Appears in 1 contract

Samples: Loan and Security Agreement (Bluefly Inc)

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INDICTMENT - FORFEITURE. The indictment of, or institution of any legal process or proceeding against, the any Borrower, under any Applicable Law where the relief, penalties, or remedies sought or available include the forfeiture of any material property of the any Borrower and/or the imposition of any stay or other order, the effect of which could reasonably be expected to restrain in any have a material way adverse effect upon the conduct by the Borrower of its business in the ordinary courseBorrowers' condition (financial or otherwise), which is not dismissed business, operations, assets or appealed from within thirty (30) days when instituted or imposedincome, taken as a whole.

Appears in 1 contract

Samples: Loan and Security Agreement (Claires Stores Inc)

INDICTMENT - FORFEITURE. The indictment of, or institution of any legal process or proceeding against, the any Borrower, under any Applicable Law where the relief, penalties, or remedies sought or available include the forfeiture of any material property of the any Borrower and/or the imposition of any stay or other order, the effect of which could would reasonably be expected to restrain in any have a material way adverse effect on the conduct by business or assets of the Borrower of its business in the ordinary course, which is not dismissed or appealed from within thirty (30) days when instituted or imposedBorrowers taken as a whole.

Appears in 1 contract

Samples: Loan and Security Agreement (Officemax Inc /Oh/)

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