Common use of Litigation Against Borrower Clause in Contracts

Litigation Against Borrower. Any suit is filed against Borrower, which has a reasonable likelihood of an adverse determination and which, if adversely determined, is reasonably likely to substantially impair the ability of Borrower to perform any or all of its material obligations under and by virtue of this Agreement or any of the other Loan Documents.

Appears in 3 contracts

Samples: Business Loan and Security Agreement (Iron Bridge Mortgage Fund, LLC), Business Loan and Security Agreement (Terra Property Trust, Inc.), Business Loan and Security Agreement (Terra Secured Income Fund 5, LLC)

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Litigation Against Borrower. Any suit is shall be filed against Borrower, which has a reasonable likelihood of an adverse determination and --------------------------- which, if adversely determined, is reasonably likely to could substantially impair the ability of Borrower to perform any or all of its material obligations under and by virtue of this Agreement or any of the other Loan Documents., unless Borrower's counsel furnishes to Lender its opinion, to the satisfaction of Lender and Lender's counsel, that, in its judgment the suit is essentially without merit; or

Appears in 1 contract

Samples: Term Loan Agreement (Four Media Co)

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