Litigation Against Borrower. Any suit shall be filed against Borrower, which if adversely determined could reasonably be expected to substantially impair the ability of Borrower to perform each and every one of their respective obligations under and by virtue of the Loan Documents; or
Appears in 2 contracts
Samples: Construction and Land Acquisition Loan Agreement (Across America Real Estate Development Corp), Construction and Land Acquisition Loan Agreement (Across America Real Estate Development Corp)
Litigation Against Borrower. Any suit shall be filed against Borrower, Borrower which if adversely determined could reasonably be expected to determined, would substantially impair the ability of the Borrower to perform each and every one of their respective its obligations under and by virtue of the Loan Documents; or
Appears in 1 contract
Samples: Loan and Security Agreement (REX AMERICAN RESOURCES Corp)
Litigation Against Borrower. Any suit shall be filed against Borrower, which --------------------------- which, if adversely determined determined, could reasonably be expected to substantially impair the ability of Borrower to perform each and every one any or all of their respective its 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 Lenders counsel, that, in its judgment the suit is essentially without merit; or
Appears in 1 contract
Samples: Revolving Loan Agreement (Glacier Water Services Inc)
