Common use of Judgments and Proceedings Clause in Contracts

Judgments and Proceedings. (A) (1) The entry of any judgment or decree against the Servicer or any of its Subsidiaries if the aggregate amount of all judgments and decrees then outstanding against the Servicer and its Subsidiaries exceeds $200,000,000 after deducting (a) the amount with respect to which the Servicer or any such Subsidiary, as the case may be, is insured and the insurer has not denied coverage, and (b) the amount for which the Servicer or any such Subsidiary is otherwise indemnified if the terms of such indemnification are satisfactory to the Administrative Agent, and (2) the institution of any litigation, arbitration proceeding or governmental proceeding against the Servicer which, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect; and (B) the entry of any judgment or decree or the institution of any litigation, arbitration proceeding or governmental proceeding against Borrower.

Appears in 4 contracts

Samples: Credit and Security Agreement (International Paper Co /New/), Credit and Security Agreement (International Paper Co /New/), Credit and Security Agreement (International Paper Co /New/)

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Judgments and Proceedings. (A) (1) The entry of any judgment or decree against the Servicer or any of its Subsidiaries if the aggregate amount of all judgments and decrees such judgment or decree then outstanding against the Servicer and its Subsidiaries exceeds $200,000,000 10,000,000 after deducting (a1) the amount with respect to which the Servicer or any such Subsidiary, as the case may be, is insured and with respect to which the insurer has not denied coveragedisclaimed responsibility in writing, and (b2) the amount for which the Servicer or any such Subsidiary is otherwise indemnified if the terms of such indemnification are satisfactory to in the Administrative reasonable discretion of the Agent, and (2B) the institution of any litigation, arbitration proceeding or governmental proceeding against the Servicer which, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect; and (BC) the entry of any judgment or decree or the institution of any litigation, arbitration proceeding or governmental proceeding against the Borrower.

Appears in 2 contracts

Samples: Receivables Loan Agreement (Arkansas Best Corp /De/), Receivables Loan Agreement (Arkansas Best Corp /De/)

Judgments and Proceedings. (A) (1) The entry of any judgment or decree against the Servicer or any of its Subsidiaries if the aggregate amount of all judgments and decrees such judgment or decree then outstanding against the Servicer and its Subsidiaries exceeds $200,000,000 20,000,000 after deducting (a1) the amount with respect to which the Servicer or any such Subsidiary, as the case may be, is insured and with respect to which the insurer has not denied coveragedisclaimed responsibility in writing, and (b2) the amount for which the Servicer or any such Subsidiary is otherwise indemnified if the terms of such indemnification are satisfactory to in the Administrative reasonable discretion of the Agent, and (2B) the institution of any litigation, arbitration proceeding or governmental proceeding against the Servicer which, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect; and (BC) the entry of any judgment or decree or the institution of any litigation, arbitration proceeding or governmental proceeding against the Borrower.

Appears in 2 contracts

Samples: Receivables Loan Agreement (Arcbest Corp /De/), Receivables Loan Agreement (Arcbest Corp /De/)

Judgments and Proceedings. (A) (1) The entry of any judgment or decree against the Servicer Parent or any of its Subsidiaries (other than Seller) if the aggregate amount of all judgments and decrees then outstanding against the Servicer Parent and its Subsidiaries exceeds $200,000,000 10,000,000 after deducting (a) the amount with respect to which the Servicer Parent or any such Subsidiary, as the case may be, is insured and with respect to which the insurer has not denied coverageassumed responsibility in writing, and (b) the amount for which the Servicer Parent or any such Subsidiary is otherwise indemnified if the terms of such indemnification are satisfactory to the Administrative Agent, and (2) the institution of any litigation, arbitration proceeding or governmental proceeding against the Servicer Parent which, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect; and (B) the entry of any judgment or decree or the institution of any litigation, arbitration proceeding or governmental proceeding against BorrowerSeller.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Lafarge Corp)

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Judgments and Proceedings. (A) (1) The entry of any judgment or decree against the Servicer or any of its Subsidiaries if the aggregate amount of all judgments and decrees then outstanding against the Servicer and its Subsidiaries exceeds $200,000,000 10,000,000 after deducting (a) the amount with respect to which the Servicer or any such Subsidiary, as the case may be, is insured and with respect to which the insurer has not denied coverageassumed responsibility in writing, and (b) the amount for which the Servicer or any such Subsidiary is otherwise indemnified if the terms of such indemnification are satisfactory to the Administrative Agent, and (2) the institution of any litigation, arbitration proceeding or governmental proceeding against the Servicer which, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect; and (B) the entry of any judgment or decree or the institution of any litigation, arbitration proceeding or governmental proceeding against BorrowerSeller.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Adc Telecommunications Inc)

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