Common use of Notice of Default, Litigation and Material Adverse Effect Clause in Contracts

Notice of Default, Litigation and Material Adverse Effect. Promptly after any Responsible Officer of the Borrower obtains knowledge thereof, notice of (i) the occurrence of any event which constitutes a Default or an Event of Default or any default or event of default under the ABL Credit Agreement, any Permitted Pari Passu Notes Documents, any Permitted Pari Passu Loan Documents or any Permitted Junior Debt or other debt instrument in excess of the Threshold Amount, (ii) any litigation, or governmental investigation or proceeding pending against Holdings or any of its Subsidiaries (x) which, either individually or in the aggregate, has had, or would reasonably be expected to have, a Material Adverse Effect or (y) with respect to any Credit Document, or (iii) any other event, change or circumstance that has had, or would reasonably be expected to have, a Material Adverse Effect.

Notice of Default, Litigation and Material Adverse Effect. Promptly after any Responsible Officer of the Borrower obtains knowledge thereof, notice of (i) the occurrence of any event which constitutes a Default or an Event of Default or any default or event of default under the ABL Credit Agreement, the Senior Notes Indenture or any refinancing thereof, any Permitted Pari Passu Notes Documents, any Permitted Pari Passu Loan Documents or any Permitted Junior Debt or other debt instrument in excess of the Threshold Amount, (ii) any litigation, or governmental investigation or proceeding pending against Holdings or any of its Subsidiaries (x) which, either individually or in the aggregate, has had, or would reasonably be expected to have, a Material Adverse Effect or (y) with respect to any Credit Document, or (iii) any other event, change or circumstance that has had, or would reasonably be expected to have, a Material Adverse Effect.

Notice of Default, Litigation and Material Adverse Effect. Promptly after any Responsible Officer officer of the Borrower or any of its Subsidiaries obtains knowledge thereof, notice of (ig) the occurrence of any event which constitutes a Default or an Event of Default or any default or event of default under the ABL Credit Agreement, Agreement or any Permitted Pari Passu Notes Documents, any Permitted Pari Passu Loan Documents refinancing thereof or any Permitted Junior Debt or other debt instrument in excess of the Threshold Amount, (iih) any litigation, litigation or governmental investigation or proceeding pending against Holdings the Borrower or any of its Subsidiaries (x) which, either individually or in the aggregate, has had, or would reasonably be expected to have, a Material Adverse Effect or (y) with respect to any Credit Document, or (iiii) any other event, change or circumstance that has had, or would reasonably be expected to have, a Material Adverse Effect.

Notice of Default, Litigation and Material Adverse Effect. Promptly after any Responsible Officer officer of the Lead Borrower or any of its Subsidiaries obtains knowledge thereof, notice of (i) the occurrence of any event which constitutes a Default or an Event of Default or any default or event of default under the ABL Credit AgreementAgreement or any refinancing thereof, any Permitted Pari Passu Notes Documents, any Permitted Pari Passu Loan Documents or any Permitted Junior Debt or other debt instrument in excess of the Threshold Amount, (ii) any litigation, or governmental investigation or proceeding pending against Holdings the Lead Borrower or any of its Subsidiaries (x) which, either individually or in the aggregate, has had, or would reasonably be expected to have, a Material Adverse Effect or (y) with respect to any Credit Document, Document or (iii) any other event, change or circumstance that has had, or would reasonably be expected to have, a Material Adverse Effect.

Notice of Default, Litigation and Material Adverse Effect. Promptly after any Responsible Officer officer of the Borrower Parent or any of its Subsidiaries obtains knowledge thereof, notice of (iiii) the occurrence of any event which constitutes a Default or an Event of Default or any default or event of default under the ABL Term Loan Credit Agreement, Agreement or any Permitted Pari Passu Notes Documents, any Permitted Pari Passu Loan Documents refinancing thereof or any Permitted Junior Debt or other debt instrument in excess of the Threshold Amount, (iiiv) any litigation, litigation or governmental investigation or proceeding pending against Holdings the Parent or any of its Subsidiaries (x) which, either individually or in the aggregate, has had, or would reasonably be expected to have, a Material Adverse Effect or (y) with respect to any Credit Document, or (iiiv) any other event, change or circumstance that has had, or would reasonably be expected to have, a Material Adverse Effect.

Notice of Default, Litigation and Material Adverse Effect. Promptly after any Responsible Officer officer of the Borrower Holdings or any of its Subsidiaries obtains knowledge thereof, notice of (i) the occurrence of any event which constitutes a Default or an Event of Default or any default or event of default under the ABL Credit Agreement, the Senior Notes Indenture or any Permitted Pari Passu Notes Documents, any Permitted Pari Passu Loan Documents refinancing thereof or any Permitted Junior Debt or other debt instrument in excess of the Threshold Amount, (ii) any litigation, or governmental investigation or proceeding pending against Holdings or any of its Subsidiaries (x) which, either individually or in the aggregate, has had, or would reasonably be expected to have, a Material Adverse Effect or (y) with respect to any Credit Document, or (iii) any other event, change or circumstance that has had, or would reasonably be expected to have, a Material Adverse Effect.

Notice of Default, Litigation and Material Adverse Effect. Promptly after any Responsible Officer officer of the Borrower Holdings or any of its Subsidiaries obtains knowledge thereof, notice of (i) the occurrence of any event which constitutes a Default or an Event of Default or any default or event of default under the ABL Term Loan Credit Agreement, the Existing OpCo Notes Indenture or any Permitted Pari Passu Notes Documents, any Permitted Pari Passu Loan Documents refinancing thereof or any Permitted Junior Debt or other debt instrument in excess of the Threshold Amount, (ii) any litigation, litigation or governmental investigation or proceeding pending against Holdings or any of its Subsidiaries (x) which, either individually or in the aggregate, has had, or would reasonably be expected to have, a Material Adverse Effect or (y) with respect to any Credit Document, or (iii) any other event, change or circumstance that has had, or would reasonably be expected to have, a Material Adverse Effect.

Notice of Default, Litigation and Material Adverse Effect. Promptly after any Responsible Officer of the Borrower Borrowers obtains knowledge thereof, notice of (i) the occurrence of any event which constitutes a Default or an Event of Default or Default, (ii) any default or event of default under the ABL Credit AgreementAgreement or any refinancing thereof, any Permitted Pari Passu Notes Documents, any Permitted Pari Passu Loan Documents or any Permitted Junior Debt or other debt instrument in excess of the Threshold Amount, (iiiii) any litigation, or governmental investigation or proceeding pending against Holdings Parent or any of its Subsidiaries (x) whichwhich would reasonably be expected, either individually or in the aggregate, has had, or would reasonably be expected to have, have a Material Adverse Effect or (y) with respect to any Credit Document, or (iiiiv) any other event, change or circumstance that has had, or would reasonably be expected expected, either individually or in the aggregate, to have, have a Material Adverse Effect.

Notice of Default, Litigation and Material Adverse Effect. Promptly after any Responsible Officer officer of the Borrower Holdings or any of its Subsidiaries obtains knowledge thereof, notice of (i) the occurrence of any event which constitutes a Default or an Event of Default or any default or event of default under the ABL Credit Agreement, the Existing OpCo Notes Indenture or any Permitted Pari Passu Notes Documents, any Permitted Pari Passu Loan Documents refinancing thereof or any Permitted Junior Debt or other debt instrument in excess of the Threshold Amount, (ii) any litigation, litigation or governmental investigation or proceeding pending against Holdings or any of its Subsidiaries (x) which, either individually or in the aggregate, has had, or would reasonably be expected to have, a Material Adverse Effect or (y) with respect to any Credit Document, or (iii) any other event, change or circumstance that has had, or would reasonably be expected to have, a Material Adverse Effect.