Common use of Notice of Litigation, Default and Other Matters Clause in Contracts

Notice of Litigation, Default and Other Matters. Prompt ----------------------------------------------- notice of the following events after the Borrower has knowledge or notice thereof: (a) The commencement of all proceedings and investigations by or before any governmental body, and all actions and proceedings in any court or before any arbitrator involving claims for damages (including punitive damages) in excess of $100,000 (after deducting the amount with respect to any Obligor is insured), against or in any other way relating directly to any Obligor, or any of their respective properties or businesses; (b) Promptly upon the happening of any condition or event of which the Borrower has current actual knowledge which constitutes a 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 material adverse change with respect to the business, assets, liabilities, financial position, results of operations or prospective business of any Obligor, other than changes in the ordinary course of business which have not had and are not likely to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Kevco Inc), Credit Agreement (Kevco Inc)

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Notice of Litigation, Default and Other Matters. Prompt ----------------------------------------------- notice of the following events after the 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 $100,000 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 Borrower, the Parent or any Obligor of their Subsidiaries is insured), against or in any other way relating directly to the Borrower, the Parent, any Obligorof their Subsidiaries, or any of their respective properties properties, assets or businesses; (b) Promptly upon the happening of any condition or event of which the Borrower has current actual knowledge 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 material adverse change event which could cause a Material Adverse Change with respect to the business, assets, liabilities, financial position, results of operations or prospective business of the Parent, the Borrower or any Obligor, other than changes in the ordinary course of business which have not had and are not likely to have a Material Adverse Effecttheir Subsidiaries.

Appears in 2 contracts

Samples: Credit Agreement (Ixc Communications Inc), Credit Agreement (Ixc Communications Inc)

Notice of Litigation, Default and Other Matters. Prompt ----------------------------------------------- notice of the following events after the 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 $100,000 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 Parent, the Borrower or any Obligor Subsidiary of the Borrower is insured), against or in any other way relating directly to the Parent, the Borrower, any ObligorSubsidiary of the Borrower, or any of their respective properties Properties or businesses; (b) Promptly upon the happening of any condition or event of which the Borrower has current actual knowledge 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 material adverse change event which could cause a Material Adverse Change with respect to the business, assets, liabilities, financial position, results of operations or prospective business of the Parent, the Borrower or any Obligor, other than changes in Subsidiary of the ordinary course of business which have not had and are not likely to have a Material Adverse EffectBorrower.

Appears in 1 contract

Samples: Credit Agreement (Itc Deltacom Inc)

Notice of Litigation, Default and Other Matters. Prompt ----------------------------------------------- notice of the following events after the 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 $100,000 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 Parent, the Borrower or any Obligor Subsidiary of the Borrower is insured), against or in any other way relating directly to the Parent, the Borrower, any ObligorSubsidiary of the Borrower, or any of their respective properties Properties or businesses; (b) Promptly upon the happening of any condition or event of which the Borrower has current actual knowledge which constitutes a 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 material adverse change event which could cause a Material Adverse Change with respect to the business, assets, liabilities, financial position, results of operations or prospective business of the Parent, the Borrower or any Obligor, other than changes in Subsidiary of the ordinary course of business which have not had and are not likely to have a Material Adverse EffectBorrower.

Appears in 1 contract

Samples: Credit Agreement (Itc Deltacom Inc)

Notice of Litigation, Default and Other Matters. Prompt ----------------------------------------------- notice of the following events after the 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 $100,000 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 Borrower or any Obligor Subsidiary of the Borrower is insured), against or in any other way relating directly to the Borrower, any ObligorSubsidiary of the Borrower, or any of their respective properties Properties or businesses; (b) Promptly upon the happening of any condition or event of which the Borrower has current actual knowledge which constitutes a 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 material adverse change event which could have a Material Adverse Effect with respect to the business, assets, liabilities, financial position, results of operations or prospective business of the Borrower or any Obligor, other than changes in Subsidiary of the ordinary course of business which have not had and are not likely to have a Material Adverse EffectBorrower.

Appears in 1 contract

Samples: Credit Agreement (Telco Communications Group Inc)

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Notice of Litigation, Default and Other Matters. Prompt ----------------------------------------------- notice of the following events after the Borrower has knowledge or notice thereof: (a) The commencement of all proceedings and investigations by or before any governmental bodyGovernmental Authority, and all actions and proceedings in any court or before any arbitrator involving claims for damages damages, fines or penalties (including punitive damages) in excess of $100,000 250,000 in the aggregate (after deducting the amount with respect to any Obligor for which the Borrower or Subsidiary is insured), against or in any other way relating directly to the Borrower, any ObligorSubsidiary, or any of their respective properties or businesses; provided, however, no notice shall be required to be delivered hereunder if, in the opinion of counsel to the Borrower or such Subsidiary, there is no reasonable possibility of an adverse determination in such action or proceeding; (b) Promptly upon the happening of any condition or event of which the Borrower has current actual knowledge which constitutes a 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 material adverse change with respect to the business, assets, liabilities, financial position, results of operations or prospective business of the Borrower or any ObligorSubsidiary, other than changes in the ordinary course of business which have not had and are not likely to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Metro Networks Inc)

Notice of Litigation, Default and Other Matters. Prompt ----------------------------------------------- notice of the following events after the 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 $100,000 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 Borrower, or any Obligor of its Subsidiaries is insured), against or in any other way relating directly to the Borrower, any Obligorof its Subsidiaries, or any of their respective properties properties, assets or businesses; (b) Promptly upon the happening of any condition or event of which the Borrower has current actual knowledge 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 material adverse change event which could cause a Material Adverse Change with respect to the business, assets, liabilities, financial position, results of operations or prospective business of the Borrower or any Obligor, other than changes in the ordinary course of business which have not had and are not likely to have a Material Adverse Effectits Subsidiaries.

Appears in 1 contract

Samples: Credit Agreement (Pacific Gateway Exchange Inc)

Notice of Litigation, Default and Other Matters. Prompt ----------------------------------------------- notice of the following events after the Borrower has knowledge or notice thereof: (a) The commencement of all proceedings and investigations by or before any governmental bodyGovernmental Authority, and all actions and proceedings in any court or before any arbitrator involving claims for damages (including punitive damages) in excess of $100,000 1,000,000 in the aggregate (after deducting the amount with respect to the Borrower or any Obligor Subsidiary is insured), against or in any other way relating directly to the Borrower, any ObligorSubsidiary, or any of their respective properties or businesses; (b) Promptly upon the happening of any condition or event of which the Borrower has current actual knowledge which constitutes a 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 material adverse change with respect to the business, assets, liabilities, financial position, results of operations or prospective business of the Borrower or any ObligorSubsidiary, other than changes in the ordinary course of business which have not had and are not likely to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Texas Industries Inc)

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