Common use of Indictment Clause in Contracts

Indictment. The indictment against any Loan Party or any Subsidiary thereof, under any federal, state, provincial, territorial, municipal, foreign or other criminal statute, rule, regulation, order, or other requirement having the force of law for a felony and such indictment remains unquashed or undismissed for a period of ninety (90) days or more, unless the Administrative Agent, in its reasonable discretion, determines that the indictment is not material; or

Appears in 7 contracts

Samples: Senior Secured Debtor in Possession Credit Agreement (Quiksilver Inc), Senior Secured Super Priority Debtor in Possession Credit Agreement (Quiksilver Inc), Credit Agreement (Quiksilver Inc)

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Indictment. The indictment against of any Loan Party or any Subsidiary thereof, under any federal, state, provincial, territorial, municipal, foreign or other criminal statute, rule, regulation, order, or other requirement having Applicable Law where the force of law for crime alleged would constitute a felony under Applicable Law and such indictment remains unquashed or such legal process remains undismissed for a period of ninety (90) days or more, unless either (i) the Administrative Agent, in its reasonable discretion, determines that the indictment is not material; ormaterial or (ii) such indictment relates to the Lead Borrower’s stock option practices.

Appears in 4 contracts

Samples: Credit Agreement (Gymboree Corp), Credit Agreement (Gymboree Corp), Credit Agreement (Gymboree Corp)

Indictment. The indictment against or institution of any legal process or proceeding against, any Loan Party or any Subsidiary thereof, under any federal, state, provincial, territorial, municipal, foreign or and other criminal statute, rule, regulation, order, or other requirement having the force of law for a felony and such indictment remains unquashed or undismissed for a period of ninety forty-five (9045) days or more, unless the Administrative Agent, in its reasonable discretionPermitted Discretion, determines that the indictment is not material; or;

Appears in 3 contracts

Samples: Credit Agreement (Tilly's, Inc.), Credit Agreement (Tilly's, Inc.), Credit Agreement (Tilly's, Inc.)

Indictment. The indictment against or institution of any legal process or proceeding against, any Loan Party or any Subsidiary thereof, under any federal, state, provincial, territorial, municipal, foreign or and other criminal statute, rule, regulation, order, or other requirement having the force of law for a felony and such indictment remains unquashed or such legal process remains undismissed for a period of ninety sixty (9060) days or more, unless the Administrative Agent, in its reasonable discretion, determines that the indictment is not material; or

Appears in 2 contracts

Samples: Credit Agreement (Cost Plus Inc/Ca/), Credit Agreement (Cost Plus Inc/Ca/)

Indictment. The indictment against of any Loan Party or any Subsidiary thereofParty, under any federal, state, provincial, territorial, municipal, foreign or other criminal statute, rule, regulation, order, or other requirement having Applicable Law where the force of law for crime alleged would constitute a felony under Applicable Law and such indictment remains unquashed or such legal process remains undismissed for a period of ninety sixty (9060) days or more, unless either the Administrative Agent, in its reasonable discretion, determines that the indictment is not material; or

Appears in 2 contracts

Samples: Credit Agreement (Books a Million Inc), Credit Agreement (Books a Million Inc)

Indictment. The indictment against of any Loan Party or any Subsidiary thereofParty, under any federal, state, provincial, territorial, municipal, foreign or other criminal statute, rule, regulation, order, or other requirement having Applicable Law where the force of law for crime alleged would constitute a felony under Applicable Law and such indictment remains unquashed or such legal process remains undismissed for a period of ninety (90) 90 days or more, unless the Administrative Agent, in its reasonable discretion, determines that the indictment is not material; or

Appears in 2 contracts

Samples: Credit Agreement (Foot Locker Inc), Credit Agreement (Foot Locker Inc)

Indictment. The criminal indictment against of any Loan Party or any Subsidiary thereof, under any federal, state, provincial, territorial, municipal, foreign or and other criminal statute, rule, regulation, order, or other requirement having the force of law for a felony and such indictment remains unquashed or undismissed for a period of ninety (90) days or more, unless the Administrative Agent, in its reasonable discretion, determines that the indictment is not material; or.

Appears in 1 contract

Samples: Credit Agreement (O Reilly Automotive Inc)

Indictment. The indictment against of, or institution of any legal process or proceeding against, any Loan Party or any Subsidiary thereofParty, under any federal, state, provincial, territorial, municipal, foreign or other criminal statute, rule, regulation, order, or other requirement having the force of law applicable Law for a felony and such indictment remains unquashed or such legal process remains undismissed for a period of ninety (90) 90 days or more, unless the Administrative Agent, in its reasonable discretion, determines that the such indictment or legal process is not material; or

Appears in 1 contract

Samples: Credit Agreement (Foot Locker, Inc.)

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Indictment. The indictment or institution of any legal process or proceeding against Holdings, any other Loan Party or any Restricted Subsidiary thereof, under any federal, state, provincial, territorial, municipal, foreign or other criminal statute, rule, regulation, order, or other requirement having the force of law for a felony and such indictment remains unquashed or undismissed for a period of ninety (90) days or more, unless the Administrative Agent, in its reasonable discretionPermitted Discretion, determines that the indictment is not material; or;

Appears in 1 contract

Samples: Credit Agreement (Torrid Inc.)

Indictment. The indictment against or institution of any legal process or proceeding against, any Loan Party or any Subsidiary thereof, under any federal, state, provincial, territorial, municipal, foreign or and other criminal statute, rule, regulation, order, or other requirement having the force of law for a felony and such indictment remains unquashed or undismissed for a period of ninety (90) days or moredays, unless the Administrative Agent, in its reasonable discretion, except if Agent determines that the there is any reasonable risk of material liability to Agent or any Lender in continuing to make Loans or provided Letters of Credit to Borrowers as a result of such indictment is not material; oror legal process;

Appears in 1 contract

Samples: Credit Agreement (Chicos Fas Inc)

Indictment. The indictment against or institution of any legal process or proceeding against, any Loan Party or any Subsidiary thereof, under any federal, state, provincial, territorial, municipal, foreign or and other criminal statute, rule, regulation, order, or other requirement having the force of law for a felony and such indictment remains unquashed or undismissed for a period of ninety (90) days or more, unless the Administrative AgentAgents, in its their reasonable discretion, determines determined that the indictment is not material; or

Appears in 1 contract

Samples: Credit Agreement (Tops PT, LLC)

Indictment. The indictment against or institution of any legal process or proceeding against, any Loan Party or any Subsidiary thereof, under any federal, state, provincial, territorial, municipal, foreign or and other criminal statute, rule, regulation, order, or other requirement having the force of law for a felony and such indictment remains unquashed or undismissed for a period of ninety (90) days or moredays, unless the Administrative Agent, in its reasonable discretion, except if Agent determines that the indictment there is not material; orany reasonable risk of

Appears in 1 contract

Samples: Credit Agreement (Chico's Fas, Inc.)

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