Material Occurrences. Promptly notify Agent in writing upon the occurrence of (a) any Event of Default or Default; (b) any event of default under the CMP Subordinated Payable Documentation, or any event which with the giving of notice or lapse of time, or both, would constitute an event of default under the CMP Subordinated Payable Documentation; (c) event, development or circumstance whereby any financial statements or other reports furnished to Agent fail in any material respect to present fairly, in accordance with GAAP consistently applied, the financial condition or operating results of the Loan Parties as of the date of such statements; (d) any accumulated retirement plan funding deficiency which, if such deficiency continued for two plan years and was not corrected as provided in Section 4971 of the Code, could subject the Loan Parties to a tax imposed by Section 4971 of the Code; (e) each and every default by any Loan Party which might result in the acceleration of the maturity of any Indebtedness, including the names and addresses of the holders of such Indebtedness with respect to which there is a default existing or with respect to which the maturity has been or could be accelerated, and the amount of such Indebtedness; and (f) any other development in the business or affairs of any Loan Party or CMP, which could reasonably be expected to have a Material Adverse Effect; in each case describing the nature thereof and the action the Loan Parties propose to take with respect thereto.
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (TCP International Holdings Ltd.), Revolving Credit and Security Agreement (TCP International Holdings Ltd.)
Material Occurrences. Promptly notify Agent in writing upon the occurrence of of: (a) any Event of Default or Default; (b) any event of default under the CMP Subordinated Payable Documentation, or any event which with the giving of notice or lapse of time, or both, would constitute an event of default under the CMP Subordinated Payable Documentation; (c) event, development or circumstance whereby any financial statements or other reports furnished provided to Agent fail in any material respect to present fairly, in accordance with GAAP consistently appliedapplied (except for changes in GAAP or in the application of GAAP to which the Loan Parties’ independent certified public accountants concur), the financial condition or operating results of the any Loan Parties Party as of the date of such statements; (dc) any accumulated retirement plan funding deficiency which, if such deficiency continued for two plan years and was not corrected as provided in Section 4971 of the Code, could subject any Loan Party or any member of the Loan Parties Controlled Group to a tax imposed by Section 4971 of the Code; (ed) each and every default by any Loan Party which might would result in the acceleration of the maturity of any material Indebtedness, including the names and addresses of the holders of such Indebtedness with respect to which there is a default existing or with respect to which the maturity has been or could be accelerated, and the amount of such Indebtedness; and (fe) any other development in the business or affairs of any Loan Party or CMPParty, which could would reasonably be expected to have a Material Adverse Effect; in each case as to clauses (a) through (e) of this Section 9.5, describing the nature thereof and the action the Loan Parties propose to take with respect thereto.
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Perma-Pipe International Holdings, Inc.), Revolving Credit and Security Agreement (Perma-Pipe International Holdings, Inc.)
Material Occurrences. Promptly Immediately notify Agent in writing upon the occurrence of of: (a) any Event of Default or Default; , (b) any event of default under the CMP Subordinated Payable Documentation, or any event which with the giving of notice or lapse of time, or both, would constitute an event of default under the CMP Subordinated Payable Documentation; (c) event, development or circumstance whereby any financial statements or other reports furnished to Agent fail in any material respect to present fairly, in accordance with GAAP consistently applied, the financial condition or operating results of the any Loan Parties Party as of the date of such statements; (dc) any accumulated retirement plan funding deficiency which, if such deficiency continued for two plan years and was not corrected as provided in Section 4971 of the Code, could subject the any Loan Parties Party to a tax imposed by Section 4971 of the Code; (ed) each and every default by any Loan Party which might result in the acceleration of the maturity of any Indebtedness, including the names and addresses of the holders of such Indebtedness with respect to which there is a default existing or with respect to which the maturity has been or could be accelerated, and the amount of such Indebtedness; and (fe) any other development in the business or affairs of any Loan Party or CMPParty, which could reasonably be expected to have result in a Material Adverse EffectChange; in each case describing the nature thereof and the action the Loan Parties propose to take with respect thereto.
Appears in 2 contracts
Samples: Revolving Credit, Term Loan and Security Agreement (Ati Inc), Revolving Credit and Security Agreement (Allegheny Technologies Inc)
Material Occurrences. Promptly Upon Borrower’s knowledge thereof, promptly notify Agent in writing upon the occurrence of (a) any Event of Default or Default specifying the nature of such Default or Event of Default, including the anticipated effect thereof; (b) any default or event of default under any of the CMP Subordinated Payable Documentation, or any event which with the giving of notice or lapse of time, or both, would constitute an event of default under the CMP Subordinated Payable DocumentationTerm Loan Documents; (c) any event, development or circumstance whereby any financial statements or other reports furnished to Agent fail in any material respect to present fairly, in accordance with GAAP consistently appliedapplied (subject, in the case of interim financial statements, to normal year-end adjustments and the absence of footnote disclosures), the financial condition or operating results of the Loan Parties as of the date of such statements; (d) any accumulated retirement plan funding deficiency which, if such deficiency continued for two plan years and was not corrected as provided in Section 4971 of the Code, could subject the any Loan Parties Party to a material tax imposed by Section 4971 of the Code; (e) each and every default by any Loan Party which might could reasonably be expected to result in the acceleration of the maturity of any IndebtednessIndebtedness in excess of $500,000, including the names and addresses of the holders of such Indebtedness with respect to which there is a default existing or with respect to which the maturity has been or could be acceleratedIndebtedness, and the amount of such Indebtedness; and (f) any other development in the business or affairs of any Loan Party or CMP, which could reasonably be expected to have a Material Adverse Effect; in each case describing the nature thereof and the action the such Loan Parties propose Party proposes to take with respect thereto.
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Boot Barn Holdings, Inc.), Revolving Credit and Security Agreement (Boot Barn Holdings, Inc.)
Material Occurrences. Promptly Immediately notify Agent in writing upon the occurrence of of: (a) any Event of Default or Default; (b) any event of default under the CMP Senior Notes or any Subordinated Payable Documentation, or Indebtedness; (c) any event which with the giving of notice or lapse of time, or both, would constitute an event of default under the CMP Senior Notes or Subordinated Payable DocumentationIndebtedness; (cd) any event, development or circumstance whereby any financial statements or other reports furnished provided to Agent fail in any material respect to present fairly, in accordance with GAAP consistently applied, the financial condition or operating results of the any Loan Parties Party as of the date of such statements; (de) any accumulated retirement plan funding deficiency which, if such deficiency continued for two plan years and was not corrected as provided in Section 4971 of the Internal Revenue Code, could subject any Loan Party or any member of the Loan Parties Controlled Group to a tax imposed by Section 4971 of the Internal Revenue Code; (ef) each and every default by any Loan Party which might result in the acceleration of the maturity of any Indebtedness, including the names and addresses of the holders of such Material Indebtedness with respect to which there is a default existing or with respect to which the maturity has been or could be accelerated, and the amount of such Indebtedness; and (fg) any other development in the business or affairs of any Loan Party or CMPParty, which could reasonably be expected to have a Material Adverse Effect; in each case as to clauses (a) through (g) of this Section 9.5, describing the nature thereof and the action the Loan Parties propose to take with respect thereto.
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Ugi Corp /Pa/), Revolving Credit and Security Agreement (Ugi Corp /Pa/)
Material Occurrences. Promptly notify Agent in writing upon the occurrence of of: (a) any Event of Default or Default; (b) any event of default under the CMP Subordinated Payable Documentation, or any event which with the giving of notice or lapse of time, or both, would constitute an event of default under the CMP Subordinated Payable Documentation; (c) event, development or circumstance whereby any financial statements or other reports furnished to Agent fail in any material respect to present fairly, in accordance with GAAP consistently applied, the financial condition or operating results of the any Loan Parties Party as of the date of such statements; (dc) any accumulated retirement plan funding deficiency which, if such deficiency continued for two plan years and was not corrected as provided in Section 4971 of the Code, could subject the any Loan Parties Party to a tax imposed by Section 4971 of the Code; (ed) each and every default by any Loan Party which might could reasonably be expected to result in the acceleration of the maturity of any IndebtednessIndebtedness with a then-outstanding principal balance of $10,000,000 or more, including the names and addresses of the holders of such Indebtedness with respect to which there is a default existing or with respect to which the maturity has been or could be accelerated, and the amount of such Indebtedness; and (fe) any other development in the business or affairs of any Loan Party or CMPParty, which could would reasonably be expected to have a Material Adverse Effect; in each case describing the nature thereof and the action the Loan Parties Borrowers propose to take with respect thereto.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Daseke, Inc.)
Material Occurrences. Promptly notify Agent the Lender in writing upon the occurrence of (a) any Event of Default or Default; (b) any event of default under the CMP Subordinated Payable Documentation, or any event which with the giving of notice or lapse of time, or both, would constitute an event of default under the CMP Subordinated Payable Documentation; (c) event, development or circumstance whereby any financial statements or other reports furnished to Agent the Lender fail in any material respect to present fairly, in accordance with GAAP consistently applied, the financial condition or operating results of the Loan Parties BTL and its Subsidiaries on a consolidated basis as of the date of such statements; (dc) any accumulated retirement plan funding deficiency which, if such deficiency continued for two (2) plan years and was not corrected as provided in Section 4971 of the Code, could subject the any Loan Parties Party to a tax imposed by Section 4971 of the Code; (ed) each and every default by any Loan Party which might would reasonably be expected to result in the acceleration of the maturity of any Indebtedness, including the names and addresses of the holders of such Indebtedness with respect to which there is a default existing or with respect to which the maturity has been or could be accelerated, and the amount of such Indebtedness; and (fe) any other development in the business or affairs of any Loan Party or CMP, which could reasonably be expected to have a Material Adverse Effect; in each case case, to the extent permitted by applicable law, describing the nature thereof and the action the Loan Parties propose to take with respect thereto.
Appears in 1 contract
Samples: Credit and Security Agreement (Blonder Tongue Laboratories Inc)
Material Occurrences. Promptly notify the Agent in writing upon the occurrence of (a) any Event of Default or Default; (b) any event of default under the CMP Subordinated Payable Documentation, or any event which with the giving of notice or lapse of time, or both, would constitute an event of default under the CMP Subordinated Payable Documentation; (c) event, development or circumstance whereby any financial statements or other reports furnished to the Agent fail in any material respect to present fairly, in accordance with GAAP consistently applied, the financial condition or operating results of the Loan Parties on a consolidated and consolidating basis as of the date of such statements; (dc) any accumulated retirement plan funding deficiency which, if such deficiency continued for two (2) plan years and was not corrected as provided in Section 4971 of the Code, could subject the any Loan Parties Party to a tax imposed by Section 4971 of the Code; (ed) each and every default by any Loan Party which might would reasonably be expected to result in the acceleration of the maturity of any Indebtedness, including the names and addresses of the holders of such Indebtedness with respect to which there is a default existing or with respect to which the maturity has been or could be accelerated, and the amount of such Indebtedness; and (fe) any other development in the business or affairs of any Loan Party or CMP, which could reasonably be expected to have a Material Adverse Effect; in each case case, to the extent permitted by applicable law, describing the nature thereof and the action the Loan Parties propose to take with respect thereto.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Lesco Inc/Oh)
Material Occurrences. Promptly Immediately notify Agent in writing upon the occurrence of of: (a) any Event of Default or Default; (b) any event of default under the CMP Subordinated Payable Documentation, or any event which with the giving of notice or lapse of time, or both, would constitute an event of default under the CMP Subordinated Payable Documentation; (c) event, development or circumstance whereby any financial statements or other reports furnished provided to Agent fail in any material respect to present fairly, in accordance with GAAP consistently applied, the financial condition or operating results of the any Loan Parties Party as of the date of such statements; (dc) any accumulated retirement plan funding deficiency which, if such deficiency continued for two plan years and was not corrected as provided in Section 4971 of the Code, could subject any Loan Party or any member of the Loan Parties Controlled Group to a tax imposed by Section 4971 of the Code; (ed) each and every default by any Loan Party which might result in the acceleration of the maturity of any IndebtednessIndebtedness which could result in an Event of Default, including the names and addresses of the holders of such Indebtedness with respect to which there is a default existing or with respect to which the maturity has been or could be accelerated, and the amount of such Indebtedness; and (fe) any other development in the business or affairs of any Loan Party or CMPParty, which could reasonably be expected to have a Material Adverse Effect; in each case as to clauses (a) through (e) of this Section 9.5, describing the nature thereof and the action the Loan Parties propose to take with respect thereto.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (AutoWeb, Inc.)
Material Occurrences. Promptly notify Collateral Agent in writing upon the occurrence of (a) any Event of Default or Default; (b) any event of default under the CMP Subordinated Payable Documentation, or any event which with the giving of notice or lapse of time, or both, would constitute an event of default under the CMP Subordinated Payable Documentation; (c) event, development or circumstance whereby any financial statements or other reports furnished to Collateral Agent fail in any material respect to present fairly, in accordance with GAAP consistently applied, the financial condition or operating results of the Loan Parties as of the date of such statements; (dc) any accumulated retirement plan funding deficiency which, if such deficiency continued for two plan years and was not corrected as provided in Section 4971 of the Code, could subject the any Loan Parties Party to a tax imposed by Section 4971 of the Code; (ed) each and every default by Loan Parties, or any Loan Party of them, which might would be reasonably likely to result in the acceleration of the maturity of any Indebtedness, including the names and addresses of the holders of such Indebtedness with respect to which there is a default existing or with respect to which the maturity has been or could be accelerated, and the amount of such Indebtedness; and (fe) any other development in the business or affairs of Loan Parties, or any Loan Party or CMPof them, which could reasonably be expected to have a Material Adverse Effect; in each case describing the nature thereof and the action the Loan Parties propose to take with respect thereto.
Appears in 1 contract
Material Occurrences. Promptly notify Agent in writing upon the occurrence of (a) any Event of Default or Default with such notice stating that it is a "Notice of Default"; (b) any event of default under the CMP Subordinated Payable Documentation, or Second Lien Term Loan Documents; (c) any event which with the giving of notice or lapse of time, or both, would constitute an event of default under the CMP Subordinated Payable DocumentationSecond Lien Term Loan Documents; (cd) any event, development or circumstance whereby any financial statements or other reports furnished to Agent fail in any material respect to present fairly, in accordance with GAAP consistently applied, the financial condition or operating results of the any Loan Parties Party as of the date of such statements; (de) any accumulated retirement plan funding deficiency which, if such deficiency continued for two plan years and was not corrected as provided in Section 4971 of the CodeIRC, could subject the any Loan Parties Party to a tax imposed by Section 4971 of the CodeIRC; (ef) each and every default by any Loan Party which might result in the acceleration of the maturity of any Indebtedness, including the names and addresses of the holders of such Indebtedness with respect to which there is a default existing or with respect to which the maturity has been or could be accelerated, and the amount of such Indebtedness; and (fg) any other development in the business or affairs of any Loan Party or CMP, which could reasonably be expected to have a Material Adverse Effect; in each case describing the nature thereof and the action the Loan Parties propose to take with respect thereto.
Appears in 1 contract
Material Occurrences. Promptly notify Agent in writing upon the occurrence of (a) any Event of Default or Default with such notice stating that it is a "Notice of Default"; (b) any event of default under the CMP Subordinated Payable Documentation, or First Lien Loan Documents; (c) any event which with the giving of notice or lapse of time, or both, would constitute an event of default under the CMP Subordinated Payable DocumentationFirst Lien Loan Documents; (cd) any event, development or circumstance whereby any financial statements or other reports furnished to Agent fail in any material respect to present fairly, in accordance with GAAP consistently applied, the financial condition or operating results of the any Loan Parties Party as of the date of such statements; (de) any accumulated retirement plan funding deficiency which, if such deficiency continued for two plan years and was not corrected as provided in Section 4971 of the CodeIRC, could subject the any Loan Parties Party to a tax imposed by Section 4971 of the CodeIRC; (ef) each and every default by any Loan Party which might result in the acceleration of the maturity of any Indebtedness, including the names and addresses of the holders of such Indebtedness with respect to which there is a default existing or with respect to which the maturity has been or could be accelerated, and the amount of such Indebtedness; and (fg) any other development in the business or affairs of any Loan Party or CMP, which could reasonably be expected to have a Material Adverse Effect; in each case describing the nature thereof and the action the Loan Parties propose to take with respect thereto.
Appears in 1 contract
Material Occurrences. Promptly notify Agent in writing upon the occurrence of (a) any Event of Default or Default; (b) any event of default under the CMP Subordinated Payable Documentation, or any event which with the giving of notice or lapse of time, or both, would constitute an event of default under the CMP Subordinated Payable Loan Documentation; (c) any event, development or circumstance whereby any financial statements or other reports furnished to Agent fail in any material respect to present fairly, in accordance with GAAP consistently applied, the financial condition or operating results of the any Loan Parties Party as of the date of such statements; (d) any accumulated retirement plan funding deficiency which, if such deficiency continued for two plan years and was not corrected as provided in Section 4971 of the Code, could subject the any Loan Parties Party to a tax imposed by Section 4971 of the Code; (e) each and every default by any Loan Party which might result in the acceleration of the maturity of any Indebtedness, including the names and addresses of the holders of such Indebtedness with respect to which there is a default existing or with respect to which the maturity has been or could be accelerated, and the amount of such Indebtedness; and (f) any other development in the business or affairs of any Loan Party or CMPany Guarantor, which could reasonably be expected to have a Material Adverse Effect; in each case describing the nature thereof and the action the Loan Parties propose to take with respect thereto.
Appears in 1 contract
Material Occurrences. Promptly Promptly, but in any event no later than five (5) days after such occurrence, notify the Agent in writing upon the occurrence of (a) any Event of Default or Default; (b) any event of default under the CMP Subordinated Payable Documentation, Xxxxxxxxxx Loan Documents or any event which with the giving of notice or lapse of time, or both, would constitute an event of default under the CMP Subordinated Payable Senior Notes Documentation; (c) any event, development or circumstance whereby any financial statements or other reports furnished to the Agent fail in any material respect to present fairly, in accordance with GAAP consistently applied, the financial condition or operating results of the Loan Parties Radnor and its Subsidiaries on a consolidated basis as of the date of such statements; (d) any accumulated retirement plan funding deficiency which, if such deficiency continued for two (2) plan years and was not corrected as provided in Section 4971 of the Code, could subject the any Loan Parties Party to a tax imposed by Section 4971 of the Code; (e) each and every default by any Loan Party which might would reasonably be expected to result in the acceleration of the maturity of any IndebtednessIndebtedness which individually, or in the aggregate, is in excess of Five Million and 00/100 Dollars ($5,000,000.00), including the names and addresses of the holders of such Indebtedness with respect to which there is a default existing or with respect to which the maturity has been or could be accelerated, and the amount of such Indebtedness; and (f) any other development in the business or affairs of any Loan Party or CMP, which could reasonably be expected to have a Material Adverse Effect; in each case case, to the extent permitted by applicable law, describing the nature thereof and the action the Loan Parties propose to take with respect thereto.
17. The following is hereby inserted as a new Section 9.15 of the Credit Agreement:
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Radnor Holdings Corp)