Common use of Notice Regarding Material Contracts Clause in Contracts

Notice Regarding Material Contracts. Promptly, and in any event within ten Business Days (i) after any Material Contract of Holdings or any of its Subsidiaries is terminated (other than pursuant to its terms) or amended in a manner that is materially adverse to Holdings and its Subsidiaries, taken as a whole, or (ii) any new Material Contract (other than any contract in the ordinary course of business) is entered into, a written statement describing such event, with copies of such material amendments or new contracts, delivered to Administrative Agent (to the extent such delivery is permitted by the terms of any such Material Contract; provided, no such prohibition on delivery shall be effective if it were bargained for by Holdings or its applicable Subsidiary with the intent of avoiding compliance with this Section 5.1(m)), and an explanation of any actions being taken with respect thereto;

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Tronox LTD), Credit and Guaranty Agreement (Tronox LTD)

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Notice Regarding Material Contracts. Promptly, and in any event within ten five (5) Business Days (i) after any Material Contract of Holdings Borrower or any of its Subsidiaries is terminated (other than pursuant to its terms) or amended in a manner that is materially adverse to Holdings and its SubsidiariesBorrower or such Subsidiary, taken as a wholethe case may be, (ii) the occurrence of any event of default under any Material Contract or (iiiii) any new Material Contract (other than any contract in the ordinary course of business) is entered into, a written statement describing such event, with copies of such material terminations, amendments or new contracts, delivered to Administrative Agent (to the extent such delivery is permitted by the terms of any such Material Contract; provided, provided no such prohibition on delivery shall be effective if it were bargained for by Holdings Borrower or its applicable Subsidiary with the intent of avoiding compliance with this Section 5.1(m5.1(k)), and an explanation of any actions being taken with respect thereto;

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (fuboTV Inc. /FL), Credit and Guaranty Agreement (FaceBank Group, Inc.)

Notice Regarding Material Contracts. PromptlyAs soon as practicable, and in any event within ten Business Days (i) after any Material Contract of Holdings Borrower or any of its Subsidiaries is terminated (other than pursuant to its terms) or amended in a manner that is materially adverse to Holdings and its SubsidiariesBorrower or such Subsidiary, taken as a wholethe case may be (other than amendments or modifications subject to Section 6.15, which shall be subject to the provisions thereof), or (ii) after any new Material Contract (other than any contract in the ordinary course of business) is entered into, a written statement describing such event, with copies of such material amendments or new contracts, delivered to Administrative Agent (to the extent such delivery is permitted by the terms of any such Material Contract; , provided, no such prohibition on delivery shall be effective if it were bargained for by Holdings Borrower or its applicable Subsidiary with the intent of avoiding compliance with this Section 5.1(m5.1(j)), and an explanation of any actions being taken with respect thereto;

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Atlantic Power Corp), Loan Agreement (Atlantic Power Corp)

Notice Regarding Material Contracts. Promptly, and in any event within ten (10) Business Days (i) after any Material Contract of Holdings Parent Borrower or any of its Subsidiaries is terminated (other than pursuant to its terms) or amended in a manner that is materially adverse to Holdings and its SubsidiariesParent Borrower or such Subsidiary, taken as the case may be, (ii) the occurrence of a whole, default under any Material Contract or (iiiii) any new Material Contract (other than any contract in the ordinary course of business) is entered into, a written statement describing such event, with copies of such material amendments or new contracts, delivered to Administrative Agent (to the extent such delivery is permitted by the terms of any such Material Contract; provided, provided no such prohibition on delivery shall be effective if it were bargained for by Holdings Parent Borrower or its applicable Subsidiary with the intent of avoiding compliance with this Section 5.1(m5.1(k)), and an explanation of any actions being taken with respect thereto;

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (RLJ Entertainment, Inc.), Credit and Guaranty Agreement (RLJ Entertainment, Inc.)

Notice Regarding Material Contracts. Promptly, and in any event within ten (10) Business Days (i) after any Material Contract of Holdings or any of its Subsidiaries is terminated (other than pursuant to its terms) or amended in a manner that is materially adverse to Holdings and its Subsidiariesor such Subsidiary, as the case may be (including an explanation of any actions being taken as a wholewith respect thereto), or (ii) any new Material Contract (other than any contract in the ordinary course of business) is entered into, a written statement describing such event, with copies of such material amendments or new contracts, delivered to Administrative Agent (to the extent such delivery is permitted by the terms of any such Material Contract; provided, no such prohibition on delivery shall be effective if it were bargained for by Holdings or its applicable Subsidiary with the intent of avoiding compliance with this Section 5.1(m5.1(l)), and an explanation of any actions being taken with respect thereto;

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Del Frisco's Restaurant Group, LLC)

Notice Regarding Material Contracts. Promptly, and in any event within ten Business Days thirty days (i) after any Material Contract of Holdings Company or any of its Subsidiaries is terminated (other than pursuant to its terms) or amended in a manner that is materially adverse to Holdings and its SubsidiariesCompany or such Subsidiary, taken as a wholethe case may be, or (ii) any new Material Contract (other than any contract in the ordinary course of business) is entered into, a written statement describing such event, with copies of such material amendments or new contracts, delivered to Administrative Agent (to the extent such delivery is permitted by the terms of any such Material Contract; , provided, no such prohibition on delivery shall be effective if it were bargained for by Holdings Company or its SECOND LIEN CREDIT AGREEMENT EXECUTION 56 applicable Subsidiary with the intent of avoiding compliance with this Section 5.1(m5.1(k)), and an explanation of any actions being taken with respect thereto;

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Carmike Cinemas Inc)

Notice Regarding Material Contracts. Promptly, and in any event within ten Business Days (i) after any Material Contract of Holdings or any of its Subsidiaries is terminated (other than pursuant to its terms) or amended in a manner that is materially adverse to Holdings and its Subsidiariesor such Subsidiary, taken as a wholethe case may be, or that any Credit Party determines in good faith to be material to Administrative Agent or the Lenders or (ii) any new Material Contract (other than any contract in the ordinary course of business) is entered into, a written statement describing such event, with copies of such material amendments or new contracts, delivered to Administrative Agent (to the extent such delivery is permitted by the terms of any such Material Contract; , provided, no such prohibition on delivery shall be effective if it were bargained for by Holdings or its applicable Subsidiary with the intent of avoiding compliance with this Section 5.1(m5.1(l)), and an explanation of any actions being taken with respect thereto;

Appears in 1 contract

Samples: Credit and Guaranty Agreement (U S Energy Systems Inc)

Notice Regarding Material Contracts. Promptly, and in any event within ten (10) Business Days (i) after any Material Contract of Holdings the Company or any of its Subsidiaries is terminated (other than pursuant to its terms) or amended in a manner that is materially adverse to Holdings and its Subsidiariesthe Company or such Subsidiary, taken as a wholethe case may be, or that any Credit Party determines in good faith to be material to the Administrative Agent or the Lenders and (ii) after any new Material Contract (other than any contract in the ordinary course of business) is entered into, a written statement describing such event, with copies of such material amendments or new contracts, delivered to the Administrative Agent (to the extent such delivery is permitted by the terms of any such Material Contract; , provided, no such prohibition on delivery shall be effective if it were bargained for by Holdings the Company or its applicable Subsidiary with the intent of avoiding compliance with this Section 5.1(m5.1(l)), and an explanation of any actions being taken with respect thereto;

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Castle a M & Co)

Notice Regarding Material Contracts. Promptly, and in any event within ten (10) Business Days (i) after any Material Contract of Holdings Parent Borrower or any of its Subsidiaries is terminated (other than pursuant to its terms) or amended in a manner that is materially adverse to Holdings and its SubsidiariesParent Borrower or such Subsidiary, taken as the case may be, (ii) the occurrence of a whole, default under any Material Contract or (iiiii) any new Material Contract (other than any contract in the ordinary course of business) is entered into, a written statement describing such event, with copies of such material amendments or new -56- contracts, delivered to Administrative Agent (to the extent such delivery is permitted by the terms of any such Material Contract; provided, provided no such prohibition on delivery shall be effective if it were bargained for by Holdings Parent Borrower or its applicable Subsidiary with the intent of avoiding compliance with this Section 5.1(m5.1(k)), and an explanation of any actions being taken with respect thereto;

Appears in 1 contract

Samples: Credit and Guaranty Agreement (RLJ Entertainment, Inc.)

Notice Regarding Material Contracts. Promptly, and in any event within ten (10) Business Days after (i) after any Material Contract of Holdings Company or any of its Subsidiaries is terminated (other than pursuant to its terms) or amended in a manner that is materially adverse to Holdings and its SubsidiariesCompany or such Subsidiary, taken as a wholethe case may be, or (ii) any new Material Contract (other than any contract in the ordinary course of business) is entered into, a written statement describing such event, with copies of such material amendments or new contracts, delivered delivered, to Administrative Agent (to the extent (1) such information is not disclosed or incorporated by reference in any filing with the Securities and Exchange Commission and (2) such delivery is permitted by the terms of any such Material Contract; , provided, no such prohibition on delivery shall be effective if it were bargained for by Holdings Company or its applicable Subsidiary with the intent of avoiding compliance with this Section 5.1(m5.1(j)), and an explanation of any actions being taken with respect thereto;

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Nextlink Communications Inc /De/)

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Notice Regarding Material Contracts. Promptly, and in any event within ten (10) Business Days after (i) after any Material Contract of Holdings Company or any of its Subsidiaries is terminated (other than pursuant to its terms) or amended in a manner that is materially adverse to Holdings and its SubsidiariesCompany or such Subsidiary, taken as a wholethe case may be, or (ii) any new Material Contract (other than any contract in the ordinary course of business) is entered into, a written statement describing such event, with copies of such material amendments or new contracts, delivered delivered, to Administrative Agent (to the extent (1) such information is not disclosed or incorporated by reference in any filing with the Securities and Exchange Commission and (2) such delivery is permitted by the terms of any such Material Contract; , provided, no such prohibition on delivery shall be effective if it were bargained for by Holdings Company or its applicable Subsidiary with the intent of avoiding compliance with this Section 5.1(m5.1(k)), and an explanation of any actions being taken with respect thereto;

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Xo Communications Inc)

Notice Regarding Material Contracts. Promptly, and in any event within ten (10) Business Days (or such later date as the Administrative Agent may agree) (i) after any Material Contract of Holdings or any of its Subsidiaries Company is terminated (other than pursuant to its terms) or amended in a manner that is materially adverse to Holdings and its Subsidiaries, taken as a whole, ; or (ii) any new Material Contract (other than any contract in the ordinary course of business) is entered into, a written statement describing such event, with copies of such material amendments or new contracts, delivered to the Administrative Agent (to the extent such delivery is permitted by the terms of any such Material Contract; provided, no such prohibition on delivery shall be effective if it were bargained for by Holdings or its applicable Subsidiary such Company with the intent of avoiding compliance with this Section 5.1(m5.1(k)), and an explanation of any actions being taken with respect thereto;

Appears in 1 contract

Samples: Revolving Syndicated Facility Agreement (Tronox LTD)

Notice Regarding Material Contracts. Promptly, and in any event within ten Business Days (i) after any Material Contract of Holdings or any of its Subsidiaries is terminated (other than pursuant to its terms) or amended in a manner that is materially adverse to Holdings and its Subsidiariesor such Subsidiary, taken as a wholethe case may be, or that is adverse to Administrative Agent or the Lenders or (ii) any new Material Contract (other than any contract in the ordinary course of business) is entered into, a written statement describing such event, with copies of such material amendments or new contracts, delivered to Administrative Agent (to the extent such delivery is permitted by the terms of any such Material Contract; , provided, no such prohibition on delivery shall be effective if it were bargained for by Holdings or its applicable Subsidiary with the intent of avoiding compliance with this Section 5.1(m5.1(l)), and an explanation of any actions being taken with respect thereto;

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Proliance International, Inc.)

Notice Regarding Material Contracts. Promptly, and in any event within ten (10) Business Days (i) after any Material Contract of Holdings Parent Borrower or any of its Subsidiaries is terminated (other than pursuant to its terms) or amended in a manner that is materially adverse to Holdings and its SubsidiariesParent Borrower or such Subsidiary, taken as the case may be, (ii) the occurrence of a whole, default under any Material Contract or (iiiii) any new Material Contract (other than any contract in the ordinary course of business) is entered into, a written statement describing such event, with copies of such material amendments or new contracts, delivered to Administrative Agent (to the extent such delivery is permitted by the terms of any such Material Contract; provided, provided no such prohibition on delivery shall be effective if it were bargained for by Holdings Parent Borrower or its applicable Subsidiary with the intent of avoiding compliance with this Section 5.1(m5.1(k)), and an explanation of any actions being taken with respect thereto;.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (RLJ Entertainment, Inc.)

Notice Regarding Material Contracts. Promptly, and in any event within ten Business Days (i) after any Material Contract of Holdings or any of its Subsidiaries is terminated (other than pursuant to its terms) or cancelled, expires and is not renewed or is amended in a manner that is materially adverse to Holdings and its Subsidiariesor such Subsidiary, taken as a wholethe case may be, or (ii) any new Material Contract (other than any contract in the ordinary course of business) is entered into, a written statement describing such event, with copies of such material amendments or new contracts, delivered to Administrative Agent (to the extent such delivery is permitted by the terms of any such Material Contract; provided, no such prohibition on delivery shall be effective if it were bargained for by Holdings or its applicable Subsidiary with the intent of avoiding compliance with this Section 5.1(m5.1(l)), and an explanation of any actions being taken with respect thereto;

Appears in 1 contract

Samples: Credit and Guaranty Agreement (OneWater Marine Inc.)

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