Notice of Litigation or Default. Borrowers shall promptly provide Agent with:
(a) written notice of any litigation, arbitration, or other proceeding or governmental investigation (including any survey results or inspection reports from any Governmental Authority) pending or, to any Borrower’s or any Loan Party’s knowledge, threatened against or relating to any Borrower, Loan Party, Project, Property Manager or Master Tenant (but with respect to matters affecting only Managing Member or any Principal, only such matters which could reasonably be expected to have a material adverse effect on the financial condition of such Person and with respect to matters affecting only a Property Manager or a Master Tenant, only such matters which pertain to a Project or which could reasonably be expected to have a material adverse effect on such Property Manager’s or Master Tenant’s financial condition), or any Project; provided, that with respect to any such litigation, arbitration or other proceeding relating solely to a monetary claim of less than $75,000, Borrowers shall not be required to provide notice (written or otherwise) of such claim in accordance with the terms of this Section 6.4;
(b) a copy of all notices of default and violations of laws, regulations, codes, ordinances and the like received by any Borrower or Loan Party, Property Manager or Master Tenant relating to (i) any Loan Party, if potentially material to the business operations of such Loan Party or (ii) any Borrower, the Collateral or the Projects;
(c) a copy of all notices sent to or received from Property Manager or any Borrower under any of the Management Agreements; and
(d) a copy of all notices sent to or received from any Master Tenant under any Master Lease.
Notice of Litigation or Default. Borrower shall promptly provide Lender with:
(a) written notice of any litigation, arbitration, or other proceeding or governmental investigation pending or, to any
(b) a copy of all notices of default and violations of laws, regulations, codes, ordinances and the like received by any Borrower or Guarantor relating to Borrower, the Collateral or the Project or any part thereof; and
(c) a copy of all notices sent to or received from a Manager under a Management Agreement.
Notice of Litigation or Default. Borrower shall within a reasonable period of time provide Lender with:
(a) written notice of any litigation, arbitration, or other proceeding or governmental investigation pending or, to Borrower's knowledge, threatened against or relating to any Borrower or any Property, which if decided adversely, could reasonably be expected to have a material adverse effect on any Borrower or any Property; and
(b) a copy of all notices of material default and violations of laws, regulations, codes, ordinances and the like received by any Borrower relating to any Borrower, the Collateral or any Property (other than any defaults caused by the filing of the Bankruptcy Cases).
Notice of Litigation or Default. Borrower shall promptly provide ----------------------------------- Lender with: (a) written notice of any litigation, arbitration, or other proceeding or governmental investigation pending or, to Borrower's or Guarantor's knowledge, threatened against or relating to any Borrower or the Property or the Improvements thereon; (b) written notice of any material litigation, arbitration, or other proceeding or governmental investigation pending or, to Borrower's or Guarantor's knowledge, threatened against or relating to Guarantor; (c) a copy of all notices of default and violations of laws, regulations, codes, ordinances and the like received by any Borrower or Guarantor relating to Borrower, the Collateral, or the Project or any part thereof; and (d) a copy of all notices sent to or received from Manager under a Management Agreement.
Notice of Litigation or Default. Borrowers shall promptly provide Agent (who shall then deliver to Lenders) with:
(a) written notice of any litigation, arbitration, or other proceeding or governmental investigation pending or, to any Borrower's or Guarantor's knowledge, threatened against or relating to any Borrower, Guarantor or any Project; provided, that with respect to any such litigation, arbitration or other proceeding relating solely to a monetary claim of less than $50,000, Borrowers shall not be required to provide notice (written or otherwise) of such claim in accordance with the terms of this subsection 5.5(a); and
(b) a copy of all notices of default and violations of applicable laws, regulations, codes, ordinances and the like received by any Borrower or Guarantor relating to any Borrower, the Collateral or any Project; and
(c) a copy of all notices of default, violations, casualty, condemnation or any other material matter and a copy of any request for waiver or forbearance sent to or received (i) from any party under any of the Omega Loan Documents, Leases or Lease Guaranties (including, without limitation, all reports and financial statements) or (ii) pursuant to or in connection with the Advocat Note, Essex Note or any of the collateral which secures the Advocat Note, Essex Note or the Lease Collateral.
Notice of Litigation or Default. Borrower shall promptly provide Agent with:
(a) written notice of any litigation, arbitration, or other proceeding or governmental investigation (including any survey results or inspection reports from any Governmental Authority) pending or, to Borrower's or Guarantor's knowledge, threatened against or relating to Borrower, Guarantor or the Projects (but with respect to matters affecting only Guarantor (and not affecting the Projects in any respect), only such matters which would reasonably be expected to have a material adverse effect on the financial condition of Guarantor ); provided, that with respect to any such litigation, arbitration or other proceeding relating solely to (i) a monetary claim of less than $100,000 (and less than $500,000 in the aggregate) which is covered in its entirety by insurance (and as to which the insurance carrier has not refused coverage) and (ii) a monetary claim of less than $50,000 (and less than $200,000 in the aggregate) with respect to a breach of contract claim or an employee claim for unpaid wages, Borrower shall not be required to provide notice (written or otherwise) of such claim in accordance with the terms of this Section 6.4.
(b) a copy of all notices of default and violations of laws, regulations, codes, ordinances and the like (including, without limitation, notices of default or violation under any license or permit necessary for the operation of the Projects) not otherwise covered by Section 6.4(a) which are received by Borrower or Guarantor, relating to Borrower, Guarantor (but with respect to matters affecting only Guarantor (and not affecting the Projects in any respect) only such matters which would reasonably be expected to have a material adverse effect on the financial condition of Guarantor or the Projects or result in a material adverse change;
(c) a copy of all notices of default and other material correspondence sent to or received from Guarantor under Master Lease;
(d) a copy of all notices sent or received by Borrower or Guarantor pursuant to that certain Plat and Xxxx of Assurance dated August 1, 1975, recorded as Document Number 13-C, Page 504; and
(e) a copy of all notices of default and other material correspondence sent to or received from a tenant under a Lease.
Notice of Litigation or Default. Borrowers shall within a reasonable period of time provide Agent with:
(a) written notice of any litigation, arbitration, or other proceeding or governmental investigation pending or, to any Borrower's or ALC's knowledge, threatened against or relating to any Borrower, ALC, or any Project, which if decided adversely, would reasonably be expected to have a material adverse effect on any Borrower, ALC or any Project; and
(b) a copy of all notices of material default and violations of laws, regulations, codes, ordinances and other legal requirements received by either Borrower or ALC relating to either Borrower, ALC, the Collateral or any Project.
Notice of Litigation or Default. Borrower shall promptly provide Agent with:
(a) without in any way limiting clause (c) or (d) below, written notice of any litigation, arbitration, or other proceeding or governmental investigation pending or, to Borrower's or any Principal's knowledge, threatened against or relating to Borrower, any Principal (other than Alterra), or the Project or the AHC Properties which if decided adversely would reasonably be expected to result in an uninsured loss of at least $250,000;
(b) without in any way limiting clause (c) or (d) below, written notice of any litigation, arbitration, or other proceeding or governmental investigation pending or, to Borrower's or any Principal's knowledge, threatened against or relating to Alterra, or any of its property, assets or business, which if decided adversely would reasonably be expected to result in an uninsured loss of at least $500,000;
(c) a copy of all notices of default and violations of laws, regulations, codes, ordinances and the like received by Borrower or any Principal relating to Borrower, Alterra (but only with respect to the Project or the AHC Properties), any Principal (other than Alterra), the Collateral, the Project or the AHC Properties, and which is required to be reported to the national office of Alterra pursuant to the reporting guidelines attached hereto as Exhibit B or which is actually reported to or filed with the national office of Alterra; and
(d) a copy of all notices of default received by AHC or AHC Holding with respect to the GMAC Loan.
Notice of Litigation or Default. The Company will notify the Administrative Agent and the Lessor in writing promptly (but in any event within thirty (30) days), upon the occurrence of (i) the institution of any litigation, the commencement of any administrative proceedings, the happening of any event or the assertion of any claim which could have a Material Adverse Effect or (ii) the occurrence of any Lease Event of Default or Lease Default, and, with respect to CLAUSE (ii), the Company will include in such notice a description of the actions the Company or the applicable Lessee, as the case may be, proposes to take with respect thereto.
Notice of Litigation or Default. Borrower shall promptly provide Agent with:
(a) written notice of any litigation, arbitration, or other proceeding or governmental investigation pending or, to Borrower’s, Borrower Sole Member’s or Principal’s knowledge, threatened against or relating to Borrower, Borrower Sole Member, Principal (but with respect to matters affecting only Borrower Sole Member or Principal, only such matters which could reasonably be expected to have a material adverse effect on the financial condition of such Person), the Project (but only to Borrower’s actual knowledge with respect thereto), the Master Leases or the Ground Leases.
(b) A copy of all notices of default and violations of laws, regulations, codes, ordinances and the like received by Borrower, Borrower Sole Member or Principal relating to Borrower, the Collateral or the Project.
(c) A copy of all notices sent by Borrower to, or received by Borrower from, Landlord or any holder of a mortgage or deed of trust on Landlord’s interest in the Project under or with respect to the Ground Leases or the Master Leases or sent or received with respect to a Guaranty.
