Notice of Default and Other Matters. (a) Prompt (but in no event later than five (5) Business Days after a Responsible Officer of any Credit Party obtains knowledge thereof) telephonic and written notice of:
(i) (A) any Default or Event of Default or (ii) that any Person has given any notice or taken any action with respect to a claimed default hereunder or that any Person has given any notice or taken any action with respect to a claimed default of the type referred to in Section 11.1(k);
(ii) Any of the following that would reasonably be expected to have a Material Adverse Effect, (i) with respect to any Plan, any reportable event, as defined in Section 4043(c) of ERISA and the regulations thereunder, for which notice thereof has not been waived pursuant to such regulations as in effect on the date thereof, (ii) the taking by the PBGC of steps to institute, or the threatening by the PBGC of the institution of, proceedings under Section 4042 of ERISA for the termination of, or the appointment of a trustee to administer, any Plan, or the receipt by any Credit Party or any ERISA Affiliate of a notice from a Multiemployer Plan that such action has been taken by the PBGC with respect to such Multiemployer Plan, or (iii) any event, transaction or condition that would result in the incurrence of any liability by any Credit Party or any ERISA Affiliate pursuant to Title I or IV of ERISA or the imposition of a penalty or excise tax under the provisions of the Code relating to employee benefit plans, or the imposition of any Lien on any of the rights, properties or assets of any Credit Party or any ERISA Affiliate pursuant to Title I or IV of ERISA or such penalty or excise tax provisions, if such liability or Lien, taken together with any other such liabilities or Liens then existing would reasonably be expected to have a Material Adverse Effect;
(b) prompt, and in any event within thirty (30) days of receipt thereof, copies of any notice to any Credit Party or any Subsidiary from any federal or state Governmental Authority relating to any order, ruling, statute or other law or regulation that would reasonably be expected to have a Material Adverse Effect; and
(c) with reasonable promptness, such other data and information relating to the business, operations, affairs, financial condition, assets or properties of any Credit Party or any of its Subsidiaries or relating to the ability of any Credit Party to perform its obligations hereunder and under the Loan Documents as from time to time may be reas...
Notice of Default and Other Matters. The Credit Parties shall promptly (but in any event within or five Business Days upon obtaining knowledge thereof) provide to the Administrative Agent (for further delivery to each Lender and the Peso Agent) written notice of:
(i) any Default or Unmatured Default, describing such Default or Unmatured Default and any action being taken and/or proposed to be taken with respect to such Default or Unmatured Default,
(ii) any litigation, arbitration, claim, investigation, proceeding or controversy pending or, to any Credit Parties’ knowledge, threatened in writing involving or affecting the Credit Parties: (A) involving an amount in excess of $10,000,000 (or its equivalent in any other currency) individually or in the aggregate, (B) seeking any injunctive, declaratory or other equitable relief that, if granted, could reasonably be expected to result in a Material Adverse Change, (C) that could give rise to a Lien on any of their respective Properties, other than Permitted Liens or (D) that, individually or in the aggregate, has resulted in, or (if adversely determined) could reasonably be expected to result in, a Material Adverse Change,
(iii) with respect to the Material Concessions or any other material Governmental Approval: (A) any material citation or order relating thereto, (B) any material suspension, revocation, rescission, materially adverse modification or termination thereof, (C) any alleged material breach or violation thereof by the Credit Parties or any other Person, (D) any material proceeding (including any material development in connection with the events described in Schedule 5.1(l)) relating thereto and (E) any refusal of any Person to grant, renew or extend the same,
(iv) any casualty, damage or loss to the Property of the Credit Parties, whether or not insured, through fire, theft, other hazard or casualty in excess of $10,000,000 (or its equivalent in any other currency) for any one casualty or loss or $10,000,000 (or its equivalent in any other currency) in the aggregate in any Fiscal Year,
(v) the occurrence of any: (i) fire, explosion, flood, earthquake or “Act of God,” (ii) war, civil war, blockade or act of the public enemy or (iii) riot, strike, lockout or other labor dispute or industrial action, in each case that, individually or in the aggregate, has resulted in, or could reasonably be expected to result in, a Material Adverse Change,
(vi) any proposed material change in the nature or scope of the business or operations of the Cr...
Notice of Default and Other Matters. Immediately upon becoming aware of any of the following, written notice describing the same and the steps being taken by the Borrower or any of its Subsidiaries affected thereby with respect thereto: (i) the occurrence of an Event of Default or a Default; (ii) any litigation, arbitration or governmental investigation or proceeding not previously disclosed by the Borrower to the Lenders which has been instituted or, to the knowledge of the Borrower, is threatened against the Borrower or any of its Subsidiaries or to which any of the properties of any thereof is subject which, if adversely determined, is reasonably likely to have a Material Adverse Effect; (iii) the institution of any steps by the Borrower, any of its Subsidiaries or any other Person to terminate any Pension Plan, or the failure to make a required contribution to any Pension Plan if such failure is sufficient to give rise to a lien under Section 302(f) of ERISA, or the taking of any action with respect to a Pension Plan which could result in the requirement that the Borrower or any of its Subsidiaries furnish a bond or other security to the PBGC or such Pension Plan, or the occurrence of any event with respect to any Pension Plan which could result in the incurrence by the Borrower of any material liability, fine or penalty, or any material increase in the contingent liability of the Borrower with respect to any post-retirement Welfare Plan benefit; and (iv) any other event or occurrence which has had or is reasonably likely to have a Material Adverse Effect, including, without limitation, any labor dispute or WARN Act or related liability.
Notice of Default and Other Matters. The Borrower shall, and shall cause IL to, immediately notify OPIC of (i) the occurrence of each Event of Default and of each event or condition known to any of its officers that with the passage of time or the giving of notice, or both, could constitute an Event of Default, (ii) any actions, suits, other legal proceedings or arbitral proceedings against either Company that involve claims aggregating more than the equivalent of $250,000, and (iii) the occurrence of any other condition or event (including action by a Governmental Authority or any landowner) that could have a Material Adverse Effect.
Notice of Default and Other Matters. Prompt notice of the following events after either Borrower has knowledge or notice thereof:
(a) The commencement of all proceedings and investigations by or before the FCC, any applicable PUC, or any other governmental body, and all other actions and proceedings in any court or before any arbitrator involving claims for damages (including punitive damages) in excess of either $1,000,000 for any one proceeding or investigation, or $5,000,000 in the aggregate for all such proceedings and investigations (after deducting the amount with respect to the Borrowers, or any of their Subsidiaries are insured), against or in any other way relating directly to the Borrowers, any of their Subsidiaries, or any of their properties, assets or businesses;
(b) Promptly upon the happening of any act, condition or event which constitutes a Default or Event of Default, a written notice specifying the nature and period of existence thereof and what action is being taken or is proposed to be taken with respect thereto; and
(c) Any event which could reasonably be expected to cause a Material Adverse Change with respect to the business, assets, liabilities, financial position, results of operations or prospective business of the Borrowers or any of their Subsidiaries.
Notice of Default and Other Matters. The Company shall immediately notify OPIC of (i) the occurrence of each Event of Default and of each event or condition known to any of its officers that with the passage of time or the giving of notice, or both, could constitute an Event of Default, (ii) any actions, suits, other legal proceedings or arbitral proceedings against the Company that involve claims aggregating more than the equivalent of $2,000,000, individually or in the aggregate, and (iii) the occurrence of any other condition or event (including government action) that could have a Material Adverse Effect.
Notice of Default and Other Matters. The Borrower shall promptly and, in any event within five (5) Business Days, notify OPIC of (i) the occurrence of each Event of Default and of each event known to any of its officers which, upon the giving of notice, the lapse of time or both, would become an Event of Default, (ii) any actions, suits, other legal proceedings or arbitral proceedings against the Borrower which involve claims aggregating more than the equivalent of $100,000, (iii) the occurrence of each event of default and of each event known to any of its officers which, upon the giving of notice or the lapse of time or both, would become an event of default under any of the Project Documents; and (iv) the occurrence of any other condition or event (including government action) which is likely to have a material adverse effect on the Borrower's financial condition or its ability to perform its obligations under any of the Financing Documents. Without limiting the foregoing, the Borrower, in its capacity as Operator, shall promptly, and in any event within five (5) Business Days, notify OPIC if any party to the JOA shall fail to advance to the Operator its share of expenditures or to pay its share of costs and expenses as required by the JOA.
Notice of Default and Other Matters. The Borrower will, and will cause each Subsidiary to, give prompt notice in writing to the Lenders of (a) the occurrence of any Default or Unmatured Default, together with a written explanation of the nature and status thereof, (b) the occurrence of any other development, financial or otherwise, relating to the Borrower or any of its Subsidiaries or Acquisition Corp. which could reasonably be expected to have a Material Adverse Effect or a Material Document Effect, (c) the receipt of any notice from any Governmental Authority of the expiration without renewal, revocation or suspension of, or the institution of any proceedings to revoke or suspend, any License now or hereafter held by any Insurance Subsidiary which is required to conduct insurance business in compliance with all applicable laws and regulations, (d) the receipt of any notice from any Governmental Authority of the institution of any disciplinary proceedings against or in respect of any Insurance Subsidiary, or the issuance of any order, the taking of any action or any request for an extraordinary audit for cause by any Governmental Authority which, if adversely determined, could have a Material Adverse Effect or a Material Document Effect or (e) any judicial or administrative order limiting or controlling the insurance business of any Insurance Subsidiary (and not the insurance industry generally) which has been issued or adopted and
Notice of Default and Other Matters. The Company shall immediately notify OPIC of (i) the occurrence of each Event of Default and of each event or condition known to any of its officers who have, or should have, knowledge of the terms of this Agreement, that with the passage of time or the giving of notice, or both, could constitute an Event of Default, (ii) any actions, suits, other legal proceedings or arbitral proceedings against the Company or any Consolidated Subsidiary that involve claims aggregating more than the equivalent of $500,000, and (iii) the occurrence of any other condition or event (including government action) that could have a Material Adverse Effect on the Company's ability to repay the Loan.
Notice of Default and Other Matters. The Fund shall immediately notify OPIC of each of the following occurrences, events and conditions:
(a) the occurrence of each Event of Default and of each event or condition that with the passage of time or the giving of notice, or both, could reasonably be expected to constitute an Event of Default;
(b) each action, suit, and other legal or arbitral proceeding against the Managing Member, the Fund, the Holding Company, any Portfolio Holding Company, any Portfolio Company, the Fund Manager, if any, or any threat of any thereof of which any Financing Party has knowledge, that involves claims aggregating more than the equivalent of $500,000;
(c) any pending or threatened governmental investigation of any Financing Party as to which any Financing Party has knowledge;
(d) the failure of any representation or warranty contained in Article III to be correct in any material respect;
(e) each material breach (of which any Financing Party has knowledge) by a Portfolio Company or a Portfolio Company Affiliate of the Worker Rights Requirements, Environmental Requirements or Corrupt Practices Laws;
(f) each written claim made to a Financing Credit Party for payment under an indemnity provision for more than the equivalent of $500,000;
(g) the actual termination, or the giving by any party of notice of termination, of any agreement providing for the management of the Fund or its assets, including any agreement involving the Fund Manager, if any; and
(h) the occurrence of any other condition or event (including government action but not including general economic, social or political conditions) that could reasonably be expected to have a Fundamental Material Adverse Effect.
