Notice of Adverse Change. The Company shall promptly give notice to all holders of any Securities (but in any event within two days) after becoming aware of the existence of any condition or event which constitutes, or the occurrence of, any of the following: (a) any Event of Default or any default that with the passage of time or the giving of notice would constitute an Event of Default; (b) the institution or threatening of institution of any action, suit or proceeding against the Company or any Subsidiary before any court, administrative agency or arbitrator, including, without limitation, any action of a foreign government or instrumentality, which, if adversely decided, could reasonably be expected to have a Material Adverse Effect; (c) any information relating to the Company or any Subsidiary which could reasonably be expected to have a Material Adverse Effect; or (d) any failure by the Company or any of its Subsidiaries to comply with the provisions of Section 9.4 below. Any notice given under this Section 9.3 shall specify the nature and period of existence of the condition, event, information, development or circumstance, the anticipated effect thereof and what actions the Company or any Guarantor, as the case may be, has taken and proposes to take with respect thereto.
Appears in 4 contracts
Samples: Convertible Debenture Agreement (Halsey Drug Co Inc/New), Debenture Purchase Agreement (Halsey Drug Co Inc/New), Debenture Purchase Agreement (Halsey Drug Co Inc/New)
Notice of Adverse Change. The Company shall promptly give notice to all holders of any Securities Lenders (but in any event within two days) after becoming aware of the existence of any condition or event which constitutes, or the occurrence of, any of the following:
(a) any Event of Default or any default that with the passage of time or the giving of notice would constitute an Event of Default;
(b) the institution or threatening of institution of any action, suit or proceeding against the Company or any Subsidiary before any court, administrative agency or arbitrator, including, without limitation, any action of a foreign government or instrumentality, which, if adversely decided, could reasonably be expected to have a Material Adverse Effect;
(c) any information relating to the Company or any Subsidiary which could reasonably be expected to have a Material Adverse Effect; or
(d) any failure by the Company or any of its Subsidiaries to comply with the provisions of Section 9.4 5.4 below. Any notice given under this Section 9.3 5.3 shall specify the nature and period of existence of the condition, event, information, development or circumstance, the anticipated effect thereof and what actions the Company or any Guarantor, as the case may be, has taken and proposes to take with respect thereto.
Appears in 4 contracts
Samples: Loan Agreement (Acura Pharmaceuticals, Inc), Loan Agreement (Acura Pharmaceuticals, Inc), Loan Agreement (Acura Pharmaceuticals, Inc)
Notice of Adverse Change. The Company Obligors shall promptly give notice to all holders of any Securities the Lender (but in any event within two days) after becoming aware of the existence of any condition or event which constitutes, or the occurrence of, any of the following:
(a) any Event of Default or any default that with the passage of time or the giving of notice would constitute an Event of Default;
(b) the institution or threatening of institution of any action, suit or proceeding against the Company Obligors or any Subsidiary before any court, administrative agency or arbitrator, including, without limitation, any action of a foreign government or instrumentality, which, if adversely decided, could reasonably be expected to have a Material Adverse Effect;
(c) any information relating to the Company Obligors or any Subsidiary which could reasonably be expected to have a Material Adverse Effect; or
(d) any failure by the Company Obligors or any of its Subsidiaries Subsidiary to comply with the provisions of Section 9.4 5.4 below. Any notice given under this Section 9.3 5.3 shall specify the nature and period of existence of the condition, event, information, development or circumstance, the anticipated effect thereof and what actions the Company or any Guarantorand the Borrower, as the case may be, has taken and proposes to take with respect thereto.
Appears in 2 contracts
Samples: Bridge Facility Agreement (Renova Media Enterprises Ltd.), Bridge Facility Agreement (Moscow Cablecom Corp)
Notice of Adverse Change. The Company shall promptly give notice to all holders Holders of any Securities the Debentures (but in any event within two days) after becoming aware of the existence of any condition or event which constitutes, or the occurrence of, any of the following:
(a) any Event of Default or any default that with the passage of time or the giving of notice would constitute an Event of Default;
(b) the institution or threatening of institution of any action, suit or proceeding against the Company or any Subsidiary before any court, administrative agency or arbitrator, including, without limitation, any action of a foreign government or instrumentality, which, if adversely decided, could reasonably be expected to have a Material Adverse Effect;
(c) any information relating to the Company or any Subsidiary which could reasonably be expected to have a Material Adverse Effect; or
(d) any failure by the Company or any of its Subsidiaries to comply with the provisions of Section 9.4 below. Any notice given under this Section 9.3 shall specify the nature and period of existence of the condition, event, information, development or circumstance, the anticipated effect thereof and what actions the Company or any Guarantor, as the case may be, has taken and proposes to take with respect thereto.
Appears in 1 contract
Samples: Debenture and Share Purchase Agreement (Halsey Drug Co Inc/New)