Common use of Materially Adverse Changes Clause in Contracts

Materially Adverse Changes. Any materially adverse change in the financial condition of the Company or the existence of any other condition which, in Republic's sole determination, constitutes an impairment of the Company's ability to perform its obligations under this Agreement-or any other document evidencing or securing the Credit, and which condition is not remedied within ten days after written notice to the Company thereof or, if the condition cannot be fully remedied within said ten days, substantial progress has not been made within said ten days toward remedy of the condition. Such materially adverse change may include, but shall not be limited to (a) the sale, assignment, transfer or delivery of all or substantially all of the assets of the Company; (b) the cessation by the Company as a going business concern; (c) the entry of judgment against the Company other than a judgment for which the Company is fully insured, if ten days thereafter such judgment is not satisfied, vacated, bonded or staved pending appeal; (d) if the Company is generally not paying its debts as such debts become due; or (e) nonpayment by the Company when due of any indebtedness for borrowed money owing to any third party, of the occurrence of any event which could result in acceleration of payment of any such indebtedness.

Materially Adverse Changes. Any materially adverse change in the financial condition of the Company or the existence of any other condition which, in RepublicHSBC's sole determination, constitutes an impairment of the Company's ability to perform its obligations under this Agreement-Agreement or any other document evidencing or securing the Credit, and which condition is not remedied within ten days after written notice to the Company thereof or, if the condition cannot be fully remedied within said ten days, substantial progress has not been made within said ten days toward remedy of the condition. Such materially adverse change may include, but shall not be limited to (a) the sale, assignment, transfer or delivery of all or substantially all of the assets of the Company; (b) the cessation by the Company as a going business concern; (c) the entry of judgment against the Company other than a judgment for which the Company is fully insured, if ten days thereafter such judgment is not satisfied, vacated, bonded or staved stayed pending appeal; (d) if the failure of the Company is generally not paying to pay its debts as such debts become due; or (e) nonpayment by the Company when due of any indebtedness for borrowed money owing to any third party, of or the occurrence of any event which could result in acceleration of payment of any such indebtedness.

Materially Adverse Changes. Any materially adverse change in the financial condition of the Company or the existence of any other condition which, in RepublicAgent's sole determination, constitutes an impairment of the Company's ability to perform its obligations under this Agreement-Agreement or any other document evidencing or securing the Credit, and which condition is not remedied within ten days after written notice to the Company thereof or, if the condition cannot be fully remedied within said ten days, substantial progress has not been made within said ten days toward remedy of the condition. Such materially adverse change may include, but shall not be limited to (a) the sale, assignment, transfer or delivery of all or substantially all of the assets of the Company; (b) the cessation by the Company as a going business concern; (c) the entry of judgment against the Company other than a judgment for which the Company is fully insured, if ten days thereafter such judgment is not satisfied, vacated, bonded or staved stayed pending appeal; (d) if the failure of the Company is generally not paying to pay its debts as such debts become due; or (e) nonpayment by the Company when due of any indebtedness for borrowed money owing to any third party, of or the occurrence of any event which could result in acceleration of payment of any such indebtedness.

Materially Adverse Changes. Any materially adverse change in the financial condition of the Company or the existence of any other condition which, in RepublicAgent's sole determination, constitutes an impairment of the Company's ability to perform its obligations under this Agreement-Agreement or any other document evidencing or securing the CreditCredit ("Material Adverse Change"), and which condition is not remedied within ten days after written notice to the Company thereof or, if the condition cannot be fully remedied within said ten days, substantial progress has not been made within said ten days toward remedy of the condition. Such materially adverse change Materially Adverse Change may include, but shall not be limited to (a) the sale, assignment, transfer or delivery of all or substantially all of the assets of the Company; (b) the cessation by the Company as a going business concern; (c) the entry of judgment against the Company other than a judgment for which the Company is fully insured, if ten days thereafter such judgment is not satisfied, vacated, bonded or staved stayed pending appeal; (d) if the failure of the Company is generally not paying to pay its debts as such debts become due; or (e) nonpayment by the Company when due of any indebtedness for borrowed money owing to any third party, of or the occurrence of any event which could result in acceleration of payment of any such indebtedness.