Common use of Notice of Litigation and Proceedings Clause in Contracts

Notice of Litigation and Proceedings. Each of the BORROWERS shall give prompt notice to the LENDER of any action, suit, citation, violation, direction, notice or proceeding before any court or governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, affecting any of the BORROWERS, or the assets or properties thereof, which, if determined adversely to any of the BORROWERS: (a) could require any or all of the BORROWERS to pay over more than Fifty Thousand Dollars ($50,000.00) or deliver assets the value of which exceeds that sum (whether or not the claim is considered to be covered by insurance); or (b) could reasonably be expected to have a material adverse effect upon the financial condition or business operations of any of the BORROWERS.

Appears in 2 contracts

Samples: Loan and Security Agreement (Avatech Solutions Inc), Loan and Security Agreement (Avatech Solutions Inc)

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Notice of Litigation and Proceedings. Each of the BORROWERS shall give prompt notice to the LENDER of any action, suit, citation, violation, direction, notice or proceeding before any court or governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, affecting any either of the BORROWERS, or the assets or properties thereof, which, if determined adversely to any either of the BORROWERS: (a) could require any either or all both of the BORROWERS to pay over more than Fifty Twenty-five Thousand Dollars ($50,000.0025,000) or deliver assets the value of which exceeds that sum (whether or not the claim is considered to be covered by insurance); or (b) could reasonably be expected to have a material adverse effect upon the financial condition or business operations of any either of the BORROWERS.

Appears in 1 contract

Samples: Loan and Security Agreement (Imtek Office Solutions Inc)

Notice of Litigation and Proceedings. Each of the BORROWERS shall give prompt notice to the LENDER AGENT of any action, suit, citation, violation, direction, notice or proceeding before any court or governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, affecting any of the BORROWERS, or the assets or properties thereof, which, if determined adversely to any of the BORROWERS: (a) could require any or all of the BORROWERS to pay over more than Fifty Five Hundred Thousand Dollars ($50,000.00500,000.00) or deliver assets the value of which exceeds that sum (whether or not the unless such claim is considered to be fully covered by insurance, subject to any customary deductible); or (b) could reasonably be expected to have a material adverse effect upon the financial condition or business operations of any of the BORROWERS.

Appears in 1 contract

Samples: Credit Agreement (Dover Motorsports Inc)

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Notice of Litigation and Proceedings. Each of the BORROWERS shall give prompt notice to the LENDER of any action, suit, citation, violation, direction, notice or proceeding before any court or governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, affecting any of the BORROWERS, or the assets or properties thereof, which, if determined adversely to any of the BORROWERS: (a) could require any or all of the BORROWERS to pay over more than Fifty One Hundred Thousand Dollars ($50,000.00100,000.00) or deliver assets the value of which exceeds that sum (whether or not the claim is considered to be covered by insurance); or (b) could reasonably be expected to have a material adverse effect upon the financial condition or business operations of any of the BORROWERS. Section 6.6.

Appears in 1 contract

Samples: Loan and Security Agreement (Gse Systems Inc)

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