Notices and Information. Promptly and in any event: ----------------------- (i) within five Business Days after (A) the approval by the Partnership Governance Committee of any budget of any type contemplated by Section 9.2 of the Partnership Agreement as in effect on the date of this Agreement, or any amendment of or supplement to any such budget, a copy of that budget, amendment or supplement, (B) the beginning of any fiscal year, if the Partnership Governance Committee has not approved for such fiscal year any budget of any type contemplated by Section 9.2 of the Partnership Agreement as in effect on the date of this Agreement before the beginning of such fiscal year, a copy of (1) the proposed budget in the form most recently submitted to the Partnership Governance Committee for approval and (2) if such budget is the operating budget, the budget or other plan pursuant to which the Borrower is then conducting operations, and (C) the sending to the Partnership Governance Committee of any business plan of the type contemplated by Section 9.6 of the Partnership Agreement as in effect on the date of this Agreement, a copy of that plan; (ii) within five Business Days after the sending or receiving thereof, copies of all Material notices and communications sent by the Borrower or any Subsidiary to, or received by the Borrower or any Subsidiary from, any Governmental Authority, which notices in each case relate to matters that have had or could reasonably be expected to have a Material Adverse Effect; (iii) within five Business Days after the sending or receiving thereof, copies of all notices of termination or material default sent by the Borrower or any Subsidiary to, or received by the Borrower or any Subsidiary from, any party to any Material Agreement; and (iv) within five Business Days after the effective date thereof, (A) copies of all amendments and supplements to and modifications of the Borrower's Charter Documents and (B) copies of all amendments and supplements to and modifications of any Supply or Purchase Contract;
Appears in 3 contracts
Samples: Credit Agreement (Lyondell Chemical Co), Credit Agreement (Lyondell Chemical Co), Revolving Credit Agreement (Lyondell Chemical Co)
Notices and Information. Promptly and in any event: -----------------------notify the Administrative Agent, for further dissemination to the Lenders, of:
(ia) within five Business Days after (A) the approval by the Partnership Governance Committee The occurrence of any budget of Default known to any type contemplated by Section 9.2 Responsible Officer of the Partnership Agreement as in effect on Borrower and the date of this Agreement, or any amendment of or supplement to any such budget, a copy of that budget, amendment or supplement, (B) the beginning of any fiscal year, if the Partnership Governance Committee has not approved for such fiscal year any budget of any type contemplated by Section 9.2 of the Partnership Agreement as in effect on the date of this Agreement before the beginning of such fiscal year, a copy of (1) the proposed budget in the form most recently submitted to the Partnership Governance Committee for approval and (2) if such budget is the operating budget, the budget or other plan pursuant to which the Borrower is then conducting operations, and (C) the sending to the Partnership Governance Committee of any business plan of the type contemplated by Section 9.6 of the Partnership Agreement as in effect on the date of this Agreement, a copy of that plan;nature thereof.
(iib) within five Business Days after the sending or receiving thereof, copies of all Material notices and communications sent by the Borrower or any Subsidiary to, or received by the Borrower or any Subsidiary from, any Governmental Authority, which notices in each case relate to matters Any matter that have had has resulted or could reasonably be expected to have result in a Material Adverse Effect;
, including those resulting from (i) breach or non‑performance of, or any default under, a Contractual Obligation of any Consolidated Party; (ii) any dispute, litigation, investigation, proceeding or suspension between any Consolidated Party and any Governmental Authority; or (iii) within five Business Days after the sending commencement of, or receiving thereofany material development in, copies any litigation or proceeding affecting any Consolidated Party, including pursuant to any applicable Environmental Laws.
(c) The occurrence of all notices any ERISA Event that could reasonably be expected to result in liability of termination or material default sent by the Borrower or any Subsidiary to, or received by and its Subsidiaries in an aggregate amount exceeding the Borrower or any Subsidiary from, any party to any Material AgreementThreshold Amount; and
(ivd) within five Business Days after Any material change in internal accounting policies or internal financial reporting practices by any Consolidated Party that will have a material effect on financial statement results. In addition, at the effective date thereoftime of delivery of the financial statements and reports provided for in Section 7.01(a), the Borrower shall deliver to the Administrative Agent a report signed by an Responsible Officer of the Borrower setting forth (Ai) copies a list of registration numbers for all material patents, trademarks, service marks, trade names and copyrights awarded to any Loan Party since the last day of the immediately preceding fiscal year and (ii) a list of all amendments material patent applications, trademark applications, service xxxx applications, trade name applications and supplements to and modifications copyright applications submitted by any Loan Party since the last day of the Borrower's Charter Documents immediately preceding fiscal year and the status of each such application, all in such form as shall be reasonably satisfactory to the Administrative Agent. Each notice pursuant to this Section 7.03(a) through (Bd) copies shall be accompanied by a statement of a Responsible Officer of the Borrower setting forth details of the occurrence referred to therein and stating what action the Borrower has taken and proposes to take with respect thereto. Each notice pursuant to Section 7.03(a) shall describe with particularity any and all amendments provisions of this Agreement and supplements to and modifications of any Supply or Purchase Contract;other Loan Document that have been breached.
Appears in 3 contracts
Samples: Credit Agreement (Cincinnati Bell Inc), Credit Agreement (Cincinnati Bell Inc), Credit Agreement (Cincinnati Bell Inc)
Notices and Information. Promptly and in any event: -----------------------notify the Administrative Agent, for further dissemination to the Lenders, of:
(ia) within five Business Days after (A) the approval by the Partnership Governance Committee The occurrence of any budget of Default known to any type contemplated by Section 9.2 Responsible Officer of the Partnership Agreement as in effect on Borrower and the date of this Agreement, or any amendment of or supplement to any such budget, a copy of that budget, amendment or supplement, (B) the beginning of any fiscal year, if the Partnership Governance Committee has not approved for such fiscal year any budget of any type contemplated by Section 9.2 of the Partnership Agreement as in effect on the date of this Agreement before the beginning of such fiscal year, a copy of (1) the proposed budget in the form most recently submitted to the Partnership Governance Committee for approval and (2) if such budget is the operating budget, the budget or other plan pursuant to which the Borrower is then conducting operations, and (C) the sending to the Partnership Governance Committee of any business plan of the type contemplated by Section 9.6 of the Partnership Agreement as in effect on the date of this Agreement, a copy of that plan;nature thereof.
(iib) within five Business Days after the sending or receiving thereof, copies of all Material notices and communications sent by the Borrower or any Subsidiary to, or received by the Borrower or any Subsidiary from, any Governmental Authority, which notices in each case relate to matters Any matter that have had has resulted or could reasonably be expected to have result in a Material Adverse Effect;
, including those resulting from (i) breach or non-performance of, or any default under, a Contractual Obligation of any Consolidated Party; (ii) any dispute, litigation, investigation, proceeding or suspension between any Consolidated Party and any Governmental Authority; or (iii) within five Business Days after the sending commencement of, or receiving thereofany material development in, copies any litigation or proceeding affecting any Consolidated Party, including pursuant to any applicable Environmental Laws.
(c) The occurrence of all notices any ERISA Event that could reasonably be expected to result in liability of termination or material default sent by the Borrower or any Subsidiary to, or received by and its Subsidiaries in an aggregate amount exceeding the Borrower or any Subsidiary from, any party to any Material AgreementThreshold Amount; and
(ivd) within five Business Days after Any material change in internal accounting policies or internal financial reporting practices by any Consolidated Party that will have a material effect on financial statement results. In addition, at the effective date thereoftime of delivery of the financial statements and reports provided for in Section 7.01(a), the Borrower shall deliver to the Administrative Agent a report signed by an Responsible Officer of the Borrower setting forth (Ai) copies a list of registration numbers for all material patents, trademarks, service marks, trade names and copyrights awarded to any Loan Party since the last day of the immediately preceding fiscal year and (ii) a list of all amendments material patent applications, trademark applications, service xxxx applications, trade name applications and supplements to and modifications copyright applications submitted by any Loan Party since the last day of the Borrower's Charter Documents immediately preceding fiscal year and the status of each such application, all in such form as shall be reasonably satisfactory to the Administrative Agent. Each notice pursuant to this Section 7.03(a) through (Bd) copies shall be accompanied by a statement of a Responsible Officer of the Borrower setting forth details of the occurrence referred to therein and stating what action the Borrower has taken and proposes to take with respect thereto. Each notice pursuant to Section 7.03(a) shall describe with particularity any and all amendments provisions of this Agreement and supplements to and modifications of any Supply or Purchase Contract;other Loan Document that have been breached.
Appears in 2 contracts
Samples: Credit Agreement (Cincinnati Bell Inc), Credit Agreement (Cincinnati Bell Inc)
Notices and Information. Promptly and in any event: -----------------------
(i) within five Business Days after (A) the approval by the Partnership Governance Committee of any budget of any type contemplated by Section 9.2 of the Partnership Agreement as in effect on the date of this Agreement, or any amendment of or supplement to any such budget, a copy of that budget, amendment or supplement, (B) the beginning of any fiscal year, if the Partnership Governance Committee has not approved for such fiscal year any budget of any type contemplated by Section 9.2 of the -51- Partnership Agreement as in effect on the date of this Agreement, or any amendment of or supplement to any such budget, a copy of that budget, amendment or supplement, (B) the beginning of any fiscal year, if the Partnership Governance Committee has not approved for such fiscal year any budget of any type contemplated by Section 9.2 of the Partnership Agreement as in effect on the date of this Agreement before the beginning of such fiscal year, a copy of (1) the proposed budget in the form most recently submitted to the Partnership Governance Committee for approval and (2) if such budget is the operating budget, the budget or other plan pursuant to which the Borrower is then conducting operations, and (C) the sending to the Partnership Governance Committee of any business plan of the type contemplated by Section 9.6 of the Partnership Agreement as in effect on the date of this Agreement, a copy of that plan;
(ii) within five Business Days after the sending or receiving thereof, copies of all Material notices and communications sent by the Borrower or any Subsidiary to, or received by the Borrower or any Subsidiary from, any Governmental Authority, which notices in each case relate to matters that have had or could reasonably be expected to have a Material Adverse Effect;
(iii) within five Business Days after the sending or receiving thereof, copies of all notices of termination or material default sent by the Borrower or any Subsidiary to, or received by the Borrower or any Subsidiary from, any party to any Material Agreement; and
(iv) within five Business Days after the effective date thereof, (A) copies of all amendments and supplements to and modifications of the Borrower's Charter Documents and (B) copies of all amendments and supplements to and modifications of any Supply or Purchase Contract;
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Notices and Information. Promptly and in any event: -----------------------:
(i) within five Business Days after (A) the approval by the Partnership Governance Committee of any budget of any type contemplated by Section 9.2 of the Partnership Agreement as in effect on the date of this Agreement, or any amendment of or supplement to any such budget, a copy of that budget, amendment or supplement, (B) the beginning of any fiscal year, if the Partnership Governance Committee has not approved for such fiscal year any budget of any type contemplated by Section 9.2 of the Partnership Agreement as in effect on the date of this Agreement before the beginning of such fiscal year, a copy of (1) the proposed budget in the form most recently submitted to the Partnership Governance Committee for approval and (2) if such budget is the operating budget, the budget or other plan pursuant to which the Borrower is then conducting operations, and (C) the sending to the Partnership Governance Committee of any business plan of the type contemplated by Section 9.6 of the Partnership Agreement as in effect on the date of this Agreement, a copy of that plan;
(ii) within five Business Days after the sending or receiving thereof, copies of all Material material notices and communications sent by the Borrower or any Subsidiary to, or received by the Borrower or any Subsidiary from, any Governmental Authority, which notices in each case relate to matters that have had or could reasonably be expected to have a Material Adverse Effect;
(iii) within five Business Days after the sending or receiving thereof, copies of all notices of termination or material default sent by the Borrower or any Subsidiary to, or received by the Borrower or any Subsidiary from, any party to any Material Agreement; and
(iv) within five Business Days after the effective date thereof, (A) copies of all amendments and supplements to and modifications of the Borrower's Charter Documents and (B) copies of all amendments and supplements to and modifications of any Supply or Purchase Contract;.
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Notices and Information. Promptly and in any event: -----------------------:
(i) within five Business Days 30 days after (A) the approval by the Partnership Governance Committee of any budget of any type contemplated a five-year business plan required by Section 9.2 9.6 of the Partnership Agreement as in effect on the date Closing Date (which plan shall include the annual budget contemplated by Section 9.2 of this such Partnership Agreement), or any amendment of or supplement to any such budgetplan, a copy of that budgetthe portions of such plan, amendment or supplementsupplement that set forth the (i) Capital LRP, (ii) Capital LRP description of major projects, (iii) EBITDA Projections and (iv) Cash Flow Summary, in each case, in the form substantially similar to the form previously provided by or on behalf of the Borrower and (B) the beginning of any fiscal year, if the Partnership Governance Committee has not approved for such fiscal year any budget of any type contemplated the five-year business plan then required by Section 9.2 9.6 of the Partnership Agreement as in effect on the date Closing Date (which plan shall include the annual budget contemplated by Section 9.2 of this Agreement such Partnership Agreement) before the beginning of such fiscal year, a copy of (1) the proposed budget (i) Capital LRP, (ii) Capital LRP description of major projects, (iii) EBITDA Projections and (iv) Cash Flow Summary, in each case in the form most recently submitted to the Partnership Governance Committee for approval approval; each of which shall be prepared in good faith and (2) if such budget is based on facts and assumptions that are believed by the operating budget, the budget or other plan pursuant to which management of the Borrower is to be reasonable in light of the then conducting operations, current and foreseeable business conditions of the Borrower and the Subsidiary Guarantors on the date of approval thereof by the Partnership Governance Committee in the case of deliveries under clause (CA) above and the sending date of submission to the Partnership Governance Committee in the case of any business plan of the type deliveries contemplated by Section 9.6 of the Partnership Agreement as in effect on the date of this Agreement, a copy of that planclause (B) above;
(ii) within five Business Days after the sending or receiving thereof, copies of all Material material written notices and communications sent by the Borrower or any Subsidiary Guarantor to, or received by the Borrower or any Subsidiary Guarantor from, any Governmental Authority, which notices in each case relate to matters that have had or could reasonably be expected to have a Material Adverse Effect;
(iii) within five Business Days after the sending or receiving thereof, copies of all notices of termination or material default under any Material Agreement sent by the Borrower or any Subsidiary Guarantor to, or received by the Borrower or any Subsidiary Guarantor from, any party to any such Material Agreement; and
(iv) within five Business Days after the effective date receipt by the Borrower of executed copies thereof, (A) copies of all amendments and supplements to and modifications of the Borrower's ’s Charter Documents and (B) copies of all amendments and supplements to and modifications of any Supply or Purchase Contract;.
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Notices and Information. Promptly and in any event: -----------------------:
(i) within five Business Days after (A) the approval by the Partnership Governance Committee of any budget of any type contemplated by Section 9.2 of the Partnership Agreement as in effect on the date of this Agreement, or any amendment of or supplement to any such budget, a copy of that budget, amendment or supplement, (B) the beginning of any fiscal year, if the Partnership Governance Committee has not approved for such fiscal year any budget of any type contemplated by Section 9.2 of the Partnership Agreement as in effect on the date of this Agreement before the beginning of such fiscal year, a copy of (1) the proposed budget in the form most recently submitted to the Partnership Governance Committee for approval and (2) if such budget is the operating budget, the budget or other plan pursuant to which the Borrower is then conducting operations, and (C) the sending to the Partnership Governance Committee of any business plan of the type contemplated by Section 9.6 of the Partnership Agreement as in effect on the date of this Agreement, a copy of that plan;
(ii) within five Business Days after the sending or receiving thereof, copies of all Material material notices and communications sent by the Borrower or any Subsidiary to, or received by the Borrower or any Subsidiary from, any Governmental Authority, which notices in each case relate to matters that have had or could reasonably be expected to have a Material Adverse Effect;
(iii) within five Business Days after the sending or receiving thereof, copies of all notices of termination or material default sent by the Borrower or any Subsidiary to, or received by the Borrower or any Subsidiary from, any party to any Material Agreement; and
(iv) within five Business Days after the effective date thereof, (A) copies of all amendments and supplements to and modifications of the Borrower's Charter Documents and (B) copies of all amendments and supplements to and modifications of any Supply or Purchase Contract;
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