Notice of Other Events. The Company will furnish to the Lender, no later than three (3) Business Days after the Company obtains knowledge thereof: (a) notice of any Default or Event of Default, signed by a Senior Officer of the Company, describing such Default or Event of Default and the steps that the Company proposes to take in connection therewith; (b) notice of any litigation, claim, action or Proceeding pending or threatened in writing before any Governmental Authority (i) against the Company or any of its Subsidiaries, in which there is a probability of success by the plaintiff on the merits and which, if determined adversely to the Company or such Subsidiary could be reasonably expected to have a Material Adverse Effect, (ii) which could reasonably be expected to result in liability of the Company and its Subsidiaries in an aggregate amount exceeding US$20,000,000 (or the US Dollar Equivalent thereof)or (iii) relating to this Agreement or any of the other Loan Documents or the Intercompany Revolving Facilities or the transactions contemplated hereby or thereby; (c) notice of the modification of any consent, license, approval or authorization referred to in Section 4.01(c) (Authorizations); (d) notice of the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Company and its Subsidiaries in an aggregate amount exceeding US$5,000,000 (or the US Dollar Equivalent thereof); (e) notice that an application has been made to the Secretary of the Treasury for a waiver or modification of the minimum funding standard (including any required installment payments) or an extension of any amortization period under Section 412 of the Code with respect to a Pension Plan; (f) notice that a material contribution required to be made to a Pension Plan by the Company or any ERISA Affiliate has not been timely made; (g) notice that a Pension Plan has failed to meet minimum funding standards to a level sufficient to give rise to a lien under ERISA or the Code; (h) notice that a proceeding has been instituted pursuant to Section 515 of ERISA to collect a material delinquent contribution to a Multiemployer Plan; (i) notice that the Company or any ERISA Affiliate is required to file with the PBGC the information required under Section 4010 with respect to any Pension Plan; and (j) notice of any other event or development of which the Company obtains knowledge that has had or could reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Samples: Loan Agreement (Gruma Sab De Cv), Loan Agreement (Gruma Sab De Cv), Loan Agreement (Gruma Sab De Cv)
Notice of Other Events. The Company will furnish to the LenderAdministrative Agent, no later than three (3) Business Days after the Company obtains knowledge thereof (and the Administrative Agent will notify each Lender thereof:):
(a) notice of any Default or Event of Default, signed by a Senior Officer of the Company, describing such Default or Event of Default and the steps that the Company proposes to take in connection therewith;
(b) notice of any litigation, claim, action or Proceeding pending or threatened in writing before any Governmental Authority (i) against the Company or any of its Subsidiaries, in which there is a probability of success by the plaintiff on the merits and which, if determined adversely to the Company or such Subsidiary could be reasonably expected to have a Material Adverse Effect, (ii) which could reasonably be expected to result in liability of the Company and its Subsidiaries in an aggregate amount exceeding US$20,000,000 (or the US Dollar Equivalent thereof)or thereof) or (iii) relating to this Agreement or any of the other Loan Documents or the Intercompany Revolving Facilities or the transactions contemplated hereby or thereby;
(c) notice of the modification of any consent, license, approval or authorization referred to in Section 4.01(c) (Authorizations);
(d) notice of the occurrence of any ERISA Event that, alone or together with any other ERISA Events that have occurred, could reasonably be expected to result in liability of the Company and its Subsidiaries in an aggregate amount exceeding US$5,000,000 (or the US Dollar Equivalent thereof);
(e) notice that an application has been made to the Secretary of the Treasury for a waiver or modification of the minimum funding standard (including any required installment payments) or an extension of any amortization period under Section 412 of the Code with respect to a Pension Plan;
(f) notice that a material contribution required to be made to a Pension Plan by the Company or any ERISA Affiliate has not been timely made;
(g) notice that a Pension Plan has failed to meet minimum funding standards to a level sufficient to give rise to a lien under ERISA or the Code;
(h) notice that a proceeding has been instituted pursuant to Section 515 of ERISA to collect a material delinquent contribution to a Multiemployer Plan;
(i) notice that the Company or any ERISA Affiliate is required to file with the PBGC the information required under Section 4010 with respect to any Pension Plan; and
(j) notice of any other event or development of which the Company obtains knowledge that has had or could reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Senior Secured Loan Agreement (Gruma Sab De Cv), Senior Secured Loan Agreement (Gruma Sab De Cv)