Litigation and Other Notices. Furnish to the Administrative Agent, the Issuing Bank and each Lender prompt written notice of the following: (a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto; (b) the filing or commencement of, or any threat or notice of intention of any person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority, against the Borrower or any Affiliate thereof that could reasonably be expected to result in a Material Adverse Effect; (c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower and its ERISA Affiliates in an aggregate amount exceeding $2,500,000; and (d) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.
Appears in 5 contracts
Samples: Credit Agreement (Daramic, LLC), Credit Agreement (Polypore International, Inc.), Credit Agreement (Polypore International, Inc.)
Litigation and Other Notices. Furnish to the Administrative Agent, the Issuing Bank and each Lender Agent prompt written notice of the following:
(a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto;
(b) the filing or commencement of, or any threat or notice of intention of any person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority, against the Borrower or any Affiliate thereof that could reasonably be expected to result in a Material Adverse Effect;
(c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower and its ERISA Affiliates the Subsidiaries in an aggregate amount exceeding $2,500,000; and
(d) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.
Appears in 5 contracts
Samples: Second Lien Credit Agreement (Atp Oil & Gas Corp), First Lien Credit Agreement (Atp Oil & Gas Corp), First Lien Credit Agreement (Atp Oil & Gas Corp)
Litigation and Other Notices. Furnish to the Administrative Agent, the Issuing Bank and each Lender prompt written notice of the following:
(a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto;
(b) the filing or commencement of, or any threat or notice of intention of any person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority, against the Borrower or any Affiliate thereof that could reasonably be expected to result in a Material Adverse Effect;
(c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower and its ERISA Affiliates the Subsidiaries in an aggregate amount exceeding $2,500,000; and1,000,000.
(d) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.
Appears in 4 contracts
Samples: Credit Agreement (Ryan's Restaurant Leasing Company, LLC), Credit Agreement (Buffets Inc), Amendment Agreement (Buffets Holdings, Inc.)
Litigation and Other Notices. Furnish to the Administrative Agent, the Issuing Bank and each Lender prompt written notice of the following:
(a) the occurrence of any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto;
(b) the filing or commencement of, or any threat or notice of intention of any person Person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority, against the Borrower or any Affiliate thereof that could reasonably be expected to result in a Material Adverse Effect;; and
(c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower and its ERISA Affiliates Subsidiaries in an aggregate amount exceeding $2,500,0001,000,000; and
(d) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.
Appears in 2 contracts
Samples: Credit Agreement (Neenah Foundry Co), Credit Agreement (Hartley Controls Corp)
Litigation and Other Notices. Furnish to the Administrative Agent, the Issuing Bank and each Lender prompt written notice of the following:
(a) the occurrence of any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto;
(b) the filing or commencement of, or any threat or notice of intention of any person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority, against the Borrower or any Affiliate thereof that could reasonably be expected to result in a Material Adverse Effect;; and
(c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower and its ERISA Affiliates Subsidiaries in an aggregate amount exceeding $2,500,0001,000,000; and
(d) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.
Appears in 2 contracts
Samples: Credit Agreement (Hartley Controls Corp), Credit Agreement (Neenah Foundry Co)
Litigation and Other Notices. Furnish to the Administrative Agent, Agent and the Issuing Bank and each Lender prompt written notice of the following:
(a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto;
(b) the filing or commencement of, or any threat or notice of intention of any person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority, against the Borrower or any Affiliate thereof that could reasonably be expected to result in a Material Adverse Effect;
(c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower and its ERISA Affiliates the Subsidiaries in an aggregate amount exceeding $2,500,000; and
(d) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.
Appears in 2 contracts
Samples: Credit Agreement (Atp Oil & Gas Corp), Third Amended and Restated Credit Agreement (Atp Oil & Gas Corp)
Litigation and Other Notices. Furnish to the Administrative Agent, the Issuing Bank Agent and each Lender prompt written notice of the following:
(a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto;
(b) the filing or commencement of, or any threat or notice of intention of any person Person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority, against the Borrower or any Affiliate thereof that could reasonably be expected to result in a Material Adverse Effect;
(c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower and its ERISA Affiliates the Subsidiaries in an aggregate amount exceeding $2,500,0001,750,000; and
(d) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.
Appears in 2 contracts
Samples: Credit Agreement (Rentech Inc /Co/), Credit Agreement (Rentech Inc /Co/)
Litigation and Other Notices. Furnish to the Administrative Agent, the Issuing Bank Agent and each Lender prompt written notice of the following:
(a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto;
(b) the filing or commencement of, or any threat or notice of intention of any person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority, against the Borrower or any Affiliate thereof that could reasonably be expected to result in a Material Adverse Effect;
(c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower and its ERISA Affiliates the Subsidiaries in an aggregate amount exceeding $2,500,000250,000; and
(d) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.
Appears in 2 contracts
Samples: Credit Agreement (Clearlake Capital Partners, LLC), Credit Agreement (Goamerica Inc)
Litigation and Other Notices. Furnish to the Administrative Agent, the Issuing Bank Agent and each Lender prompt written notice of the followingfollowing promptly after any Responsible Officer of any Loan Party becomes aware thereof:
(a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto;
(b) the filing or commencement of, or any written threat or notice of intention of any person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority, against the Borrower HMHP or any Affiliate thereof that could reasonably be expected to result in a Material Adverse Effect;
(c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of Holdings and the Borrower and its ERISA Affiliates Restricted Subsidiaries in an aggregate amount exceeding $2,500,0005,000,000; and
(d) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.
Appears in 2 contracts
Samples: Superpriority Senior Secured Debtor in Possession and Exit Term Loan Credit Agreement (HMH Holdings (Delaware), Inc.), Superpriority Senior Secured Debtor in Possession and Exit Term Loan Credit Agreement (HMH Holdings (Delaware), Inc.)
Litigation and Other Notices. Furnish to the Administrative Agent, the Issuing Bank and each Lender prompt written notice of the following:
(a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto;
(b) the filing or commencement of, or any threat or notice of intention of any person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority, against the Borrower or any Affiliate thereof that could reasonably be expected to result in a Material Adverse Effect;
(c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower and its ERISA Affiliates in an aggregate amount exceeding $2,500,0001,000,000; and
(d) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.
Appears in 2 contracts
Samples: Credit Agreement (Transdigm Inc), Credit Agreement (Marathon Power Technologies Co)
Litigation and Other Notices. Furnish to the Administrative Agent, the Issuing Bank and each Lender Participant prompt written notice of the following:
(a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto;
(b) the filing or commencement of, or any threat or notice of intention of any person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority, against the Borrower Company or any Affiliate thereof that could reasonably be expected to result in a Material Adverse Effect;
(c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower Company and its ERISA Affiliates the Restricted Subsidiaries in an aggregate amount exceeding $2,500,0002,000,000; and
(d) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.
Appears in 1 contract
Samples: Letter of Credit Facility Agreement (Vistancia Marketing, LLC)
Litigation and Other Notices. Furnish to the Administrative Agent, the Issuing Bank and each Lender prompt written notice of the following:
(a) the occurrence of any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto;
(b) the filing or commencement of, or any written threat or notice of intention of any person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority, against the Borrower Holdings or any Affiliate thereof of its Subsidiaries that could reasonably be expected to result in a Material Adverse Effect;
(c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower and its ERISA Affiliates Subsidiaries in an aggregate amount exceeding $2,500,0001, 000,000; and
(d) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.
Appears in 1 contract
Litigation and Other Notices. Furnish The Borrower shall furnish to the Administrative Agent, the Issuing Bank and for distribution to each Lender Lender, prompt written notice when any Responsible Officer of any Loan Party has obtained knowledge of any of the following:
(a) any the occurrence of a Default or an Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto;
(b) the filing or commencement of, or any threat or notice of intention of any person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority, (i) against the Borrower or any Affiliate thereof Subsidiary that could reasonably be expected to result in a Material Adverse EffectEffect or (ii) with respect to any Loan Document;
(c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower and its ERISA Affiliates in an aggregate amount exceeding $2,500,000a Material Adverse Effect; and
(d) any other development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.
Appears in 1 contract
Litigation and Other Notices. Furnish to the Administrative Agent, the Issuing Bank and each Lender prompt written notice of the following:
: (a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto;
; (b) the filing or commencement of, or any threat or notice of intention of any person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority, against the Borrower or any Affiliate thereof that could reasonably be expected to result in a Material Adverse Effect;
; (c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower and its ERISA Affiliates the Subsidiaries in an aggregate amount exceeding $2,500,000; and
and (d) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.
Appears in 1 contract
Samples: Credit Agreement (CCC Information Services Group Inc)
Litigation and Other Notices. Furnish to the Administrative Agent, the Issuing Bank and each Lender prompt written notice of the following:
(a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto;
(b) the filing or commencement of, or any threat or notice of intention of any person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority, against the Borrower or any Affiliate thereof that could reasonably be expected to result in a Material Adverse Effect;
(c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower and its ERISA Affiliates the Subsidiaries in an aggregate amount exceeding $2,500,000; and
(d) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.
Appears in 1 contract
Samples: Credit Agreement (CCC Information Services Group Inc)
Litigation and Other Notices. Furnish to the Administrative Agent, the Issuing Bank and each Lender prompt written notice of the following:
(a) the occurrence of any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto;
(b) the filing or commencement of, or any written threat or notice of intention of any person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority, against the Borrower Holdings or any Affiliate thereof of its Subsidiaries that could reasonably be expected to result in a Material Adverse Effect;
(c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower and its ERISA Affiliates Subsidiaries in an aggregate amount exceeding $2,500,0001,000,000; and
(d) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.
Appears in 1 contract
Samples: Credit Agreement (Acl Capital Corp)
Litigation and Other Notices. Furnish to the Administrative Agent, the Issuing Bank and each Lender prompt written notice of the following:
(a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto;
(b) the filing or commencement of, or any threat or notice of intention of any person Person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority, against the Borrower Polypore or any Affiliate thereof that could reasonably be expected to result in a Material Adverse Effect;
(c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower Polypore and its ERISA Affiliates in an aggregate amount exceeding $2,500,000; and
(d) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.
Appears in 1 contract
Samples: Credit Agreement (Polypore, Inc.)
Litigation and Other Notices. Furnish to the Administrative Agent, the Issuing Bank Agent and each Lender Purchaser prompt written notice of the following:
(a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto;
(b) the filing or commencement of, or any threat or notice of intention of any person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority, against the Borrower Issuer or any Affiliate thereof that could reasonably be expected to result in a Material Adverse Effect;
(c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower Issuer and its ERISA Affiliates the Subsidiaries in an aggregate amount exceeding $2,500,000100,000; and
(d) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.
Appears in 1 contract
Litigation and Other Notices. Furnish to the Administrative Agent, the Issuing Bank Agent and each Lender prompt written notice of the following:
(a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto;
(b) the filing or commencement of, or any threat or notice of intention of any person Person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority, against the Borrower or any Affiliate thereof that could reasonably be expected to result in a Material Adverse Effect;
(c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower and its ERISA Affiliates in an aggregate amount exceeding $2,500,000; and
(d) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.
Appears in 1 contract
Samples: Credit Agreement (Rentech Inc /Co/)
Litigation and Other Notices. Furnish to the Administrative Agent, Agent (and the Administrative Agent will furnish to the Issuing Bank and each Lender Lender) prompt written notice of the following:
(a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto;
(b) the filing or commencement of, or any threat or notice of intention of any person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority, against Holdings, the Borrower or any Affiliate thereof Subsidiary that could reasonably be expected to result in a Material Adverse Effect;; and
(c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower and its ERISA Affiliates the Subsidiaries in an aggregate amount exceeding $2,500,0001,000,000; and
(d) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.
Appears in 1 contract
Litigation and Other Notices. Furnish to the Administrative Agent, the Issuing Bank Agent and each Lender prompt written notice of the following:
(ai) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto;
(bii) the filing or commencement of, or any threat or notice of intention of any person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority, against the Borrower or any Affiliate thereof that could reasonably be expected to result in a Material Adverse Effect;
(ciii) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower and its ERISA Affiliates the Subsidiaries in an aggregate amount exceeding $2,500,000100,000; and
(div) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.
Appears in 1 contract
Litigation and Other Notices. Furnish The Borrower shall furnish to the Administrative Agent, the Issuing Bank and for distribution to each Lender Lender, prompt written notice when any Responsible Officer of any Loan Party has obtained knowledge of any of the following:
(a) any the occurrence of a Default or an Event of Default or Default, specifying the nature and extent thereof and the corrective action steps (if any) taken or proposed to be taken with respect thereto;
(b) the filing or commencement of, or any threat or notice of intention of any person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority, (i) against the Borrower or any Affiliate thereof Subsidiary that could reasonably be expected to result in a Material Adverse EffectEffect or (ii) with respect to any Loan Document;
(c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower and its ERISA Affiliates in an aggregate amount exceeding $2,500,000a Material Adverse Effect; and
(d) any other development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.
Appears in 1 contract
Samples: Credit Agreement (Smart Sand, Inc.)
Litigation and Other Notices. Furnish to the Administrative Agent, the Issuing Bank and each Lender Agent prompt written notice after obtaining knowledge thereof of the following:
(a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto;
(b) the filing or commencement of, or any threat or notice of intention of any person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority, (i) against the Borrower or any Affiliate thereof of its Restricted Subsidiaries that could reasonably be expected to result in a Material Adverse EffectEffect or (ii) challenging the validity, enforceability or priority of any Loan Document;
(c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower and its ERISA Affiliates or the Restricted Subsidiaries in an aggregate amount exceeding $2,500,0005,000,000;
(d) the occurrence of a Casualty Event or a series of Casualty Events with a value of at least $5,000,000 or any other event or series of events which could reasonably be expected to adversely affect the value of the Collateral by at least $5,000,000; and
(de) any other development that has resulted in, or could would reasonably be expected to result in, a Material Adverse Effect.
Appears in 1 contract
Litigation and Other Notices. Furnish to the Administrative Agent, the Issuing Bank and each Lender Purchaser prompt written notice of the following:
(ai) the occurrence of any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto;
(bii) the filing or commencement of, or any threat or notice of intention of any person Person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority, against the Borrower Company or any Affiliate thereof that could reasonably be expected to result in a Material Adverse Effect;; and
(ciii) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower Company and its ERISA Affiliates Subsidiaries in an aggregate amount exceeding $2,500,0001,000,000; and
(div) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.
Appears in 1 contract
Samples: Secured Pik Note Purchase Agreement (Neenah Foundry Co)
Litigation and Other Notices. Furnish to the Administrative Agent, the Issuing Bank Agent and each Lender prompt written notice of the following:
(a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto;
(b) the filing or commencement of, or any threat or notice of intention of any person Person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority, against the Borrower or any Affiliate thereof that could reasonably be expected to result in a Material Adverse Effect;
(c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Borrower and its ERISA Affiliates in an aggregate amount exceeding $2,500,000; and
(d) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.
Appears in 1 contract
Samples: Credit Agreement (Rentech Inc /Co/)
Litigation and Other Notices. Furnish to the Administrative Agent, the Issuing Bank Agent and each Lender prompt written notice of the followingfollowing promptly after any Responsible Officer of any Loan Party becomes aware thereof:
(a) any Event of Default or Default, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto;
(b) the filing or commencement of, or any written threat or notice of intention of any person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority, against the Borrower HMHP or any Affiliate thereof that could reasonably be expected to result in a Material Adverse Effect;
(c) the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of Holdings and the Borrower and its ERISA Affiliates Restricted Subsidiaries in an aggregate amount exceeding $2,500,00035,000,000, setting forth the details as to such ERISA Event and the action, if any, that Holdings or the Borrowers proposes to take with respect thereto; and
(d) any development that has resulted in, or could reasonably be expected to result in, a Material Adverse Effect.
Appears in 1 contract
Samples: Term Loan Credit Agreement (Houghton Mifflin Harcourt Co)