Notice of Default; Litigation; ERISA Matters. Promptly upon becoming aware of any of the following, written notice describing the same and the steps being taken by Borrower or the applicable Loan Party affected thereby with respect thereto:
(a) the occurrence of an Event of Default or a Default;
(b) any litigation, arbitration or governmental investigation or proceeding not previously disclosed by Borrower to Lenders which has been instituted or, to the knowledge of Borrower, is threatened against Borrower or any other Loan Party or to which any of the properties of any thereof is subject which could reasonably be expected to have a Material Adverse Effect;
(c) the institution of any steps by any member of the Controlled Group or any other Person to terminate any Pension Plan, or the failure of any member of the Controlled Group 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 to any Multiemployer Pension Plan, or the taking of any action with respect to a Pension Plan which could result in the requirement that Borrower or any other Loan Party 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 or Multiemployer Pension Plan which could result in the incurrence by any member of the Controlled Group of any material liability, fine or penalty (including any claim or demand for withdrawal liability or partial withdrawal from any Multiemployer Pension Plan), or any material increase in the contingent liability of Borrower or any other Loan Party with respect to any post-retirement welfare plan benefit, or any notice that any Multiemployer Pension Plan is in reorganization, that increased contributions may be required to avoid a reduction in plan benefits or the imposition of an excise tax, that any such plan is or has been funded at a rate less than that required under Section 412 of the IRC, that any such plan is or may be terminated, or that any such plan is or may become insolvent;
(d) any cancellation or material adverse change in any insurance maintained by Borrower or any other Loan Party; or
(e) any other event (including (i) any violation of any Environmental Law or the assertion of any Environmental Claim or (ii) the enactment or effectiveness of any law, rule or regulation) which could reasonably be expected to have a Material Adverse Effect.
Notice of Default; Litigation; ERISA Matters. Promptly upon becoming aware of any of the following, written notice describing the same and the steps being taken by Borrower or the applicable Loan Party affected thereby with respect thereto:
(a) the occurrence of an Event of Default or a Default;
(b) any litigation, arbitration or governmental investigation or proceeding not previously disclosed by Borrower to the Lender which has been instituted or, to the knowledge of Borrower, is threatened against Borrower or any other Group Member, or to which any of the properties of any thereof is subject, which could reasonably be expected to have a Material Adverse Effect;
(c) [Reserved];
(d) any cancellation or material change in coverage in any insurance maintained by Borrower or any other Group Member; or
(e) any other event (including (i) any violation of any Environmental Law or the assertion of any Environmental Claim, (ii) the enactment or effectiveness of any law, rule or regulation, (iii) any violation or noncompliance with any law or (iv) any breach or non-performance of, or any default under, any contractual obligation of any Group Member) which could reasonably be expected to have a Material Adverse Effect.
Notice of Default; Litigation; ERISA Matters. The Borrower will give written notice to the Lender as soon as reasonably possible and in no event more than five (5) Business Days of (i) the occurrence of any Default or Event of Default hereunder of which it has knowledge, (ii) the filing of any actions, suits or proceedings against the Borrower in any court or before any governmental authority or tribunal of which it has knowledge, which could reasonably be expected to cause a Material Adverse Effect with respect to the Borrower, (iii) the occurrence of a reportable event under, or the institution of steps by the Borrower to withdraw from, or the institution of any steps to terminate, any employee benefit plan as to which the Borrower may have liability, or (iv) the occurrence of any other action, event or condition of any nature of which it has knowledge which could reasonably be expected to cause, or lead to, or result in, any Material Adverse Effect to the Borrower.
Notice of Default; Litigation; ERISA Matters. Borrowers will give written notice to Bank as soon as reasonably possible and in no event more than five (5) Business Days of (i) the occurrence of any Default or Event of Default hereunder of which either of them has knowledge, (ii) the filing of any actions, suits or proceedings against either Borrower in any court or before any governmental authority or tribunal of which it has knowledge which could cause a Material Adverse Change with respect to such Borrower, (iii) the occurrence of a reportable event under, or the institution of steps by either Borrower to withdraw from, or the institution of any steps to terminate, any employee benefit plan as to which such Borrower may have liability, or (iv) the occurrence of any other action, event or condition of any nature of which either Borrower has knowledge which may cause, or lead to, or result in, any Material Adverse Change.
Notice of Default; Litigation; ERISA Matters. The Borrower will give written notice to the Agent as soon as reasonably possible and in no event more than five (5) Business Days of (i) the occurrence of any Default or Event of Default hereunder of which it has knowledge, (ii) the filing of any actions, suits or proceedings against the Borrower in any court or before any governmental authority or tribunal of which it has knowledge, which could reasonably be expected to cause a Material Adverse Effect with respect to the Borrower, (iii) the occurrence of a reportable event under, or the institution of steps by the Borrower to withdraw from, or the institution of any steps to terminate, any employee pension plan (other than a Multiemployer Plan) which is covered by Title IV of ERISA or subject to the minimum funding standard under Section 412 of the Internal Revenue Code as to which the Borrower may have liability in excess of $100,000.00, or (iv) the occurrence of any other action, event or condition of any nature of which it has knowledge which could reasonably be expected to cause, or lead to, or result in, any Material Adverse Effect to the Borrower.
Notice of Default; Litigation; ERISA Matters. Promptly upon becoming aware of any of the following, written notice describing the same and the steps being taken by the Borrower or the applicable Loan Party affected thereby with respect thereto:
(a) the occurrence of an Event of Default or a Default;
(b) any litigation, arbitration or governmental investigation or proceeding not previously disclosed by Holdings or the Borrower to the Lender which has been instituted or, to the knowledge of Holdings or the Borrower, is threatened in writing against any Loan Party or any of its Subsidiaries which could reasonably be expected to have a Material Adverse Effect;
(c) any cancellation or material change in coverage in any insurance maintained by Holdings, the Borrower or any other Loan Party; or
(d) any other event (including (i) any violation of any Environmental Law or the assertion of any Environmental Claim, (ii) any violation or noncompliance with any Applicable Law or (iii) any breach or non-performance of, or any default under, any contractual obligation of any Loan Party or any of its Subsidiaries), in all cases which could reasonably be expected to have a Material Adverse Effect.
Notice of Default; Litigation; ERISA Matters. The Borrower shall give written notice to the Administrative Agent as soon as reasonably possible and in no event more than five Business Days of (a) the occurrence of any Default or Event of Default hereunder of which it has knowledge, specifying the nature and extent thereof and the corrective action (if any) taken or proposed to be taken with respect thereto, (b) the filing of any actions, suits or proceedings against the Borrower or any Subsidiary in any court or before any governmental authority or tribunal of which it has knowledge, which could reasonably be expected to cause a Material Adverse Effect with respect to the Borrower, (c) the occurrence of a reportable event under, or the institution of steps by the Borrower to withdraw from, or the institution of any steps to terminate, any employee benefit plan as to which the Borrower may have liability, or (d) the occurrence of any other action, event or condition of any nature of which it has knowledge which could reasonably be expected to cause, or lead to, or result in, any Material Adverse Effect with respect to the Borrower.
Notice of Default; Litigation; ERISA Matters. The Borrower shall furnish to the Lender written notice as soon as possible, and in any event within five (5) Business Days after the occurrence of any of the following events or circumstances: (i) the occurrence of any Event of Default (or event or condition which, with the giving of notice or the passage of time, or both, would constitute an Event of Default), including a statement of the president or chief financial officer of the Borrower setting forth the details of such Event of Default (or such event or condition) and the action which the Borrower proposes to take with respect thereto; (ii) any litigation, legal proceeding, action or dispute involving amounts in excess of $500,000 affecting the Borrower or the Guarantor (whether or not fully covered by insurance), or seeking injunctive or similar relief which, if adversely determined, could have a materially adverse effect on the Borrower or the Guarantor;
Notice of Default; Litigation; ERISA Matters. Borrower shall promptly, and, in any event, within three (3) Business Days upon becoming aware of any of the following, deliver written notice describing the same and the steps being taken by Borrower with respect thereto:
Notice of Default; Litigation; ERISA Matters. Borrower will give written notice to Lender as soon as reasonably possible and in no event more than five (5) Business Days of obtaining actual knowledge of (i) the occurrence of any Default or Event of Default hereunder of which it has knowledge, (ii) the filing of any actions, suits or proceedings against Borrower in any court or before any governmental authority or tribunal of which it has knowledge, which could reasonably be expected to cause a Material Adverse Effect with respect to Borrower and/or Guarantor, or (iii) the occurrence of a reportable event under, or the institution of steps by Borrower to withdraw from, or the institution of any steps to terminate, any employee benefit plan as to which Borrower may have liability, which could reasonably be expected to cause, or lead to, or result in, any Material Adverse Effect.