Notices Under Certain Other Indebtedness. Immediately upon its receipt thereof, Borrower shall furnish the Lender a copy of any notice received by it, or any other Consolidated Company (a) from the holder(s) of Indebtedness referred to in Section 8.1 (or from any trustee, agent, attorney, or other party acting on behalf of such holder(s)) in an amount which, in the aggregate, exceeds $1,000,000 where such notice states or claims the existence or occurrence of any default or event of default with respect to such Indebtedness under the terms of any indenture, loan or credit agreement, debenture, note, or other document evidencing or governing such Indebtedness, or (b) from any regulatory insurance agency or insurance company regarding any licenses or agreements regarding the business of the Consolidated Company and which could have a Materially Adverse Effect. Borrower agrees to take such actions as may be necessary to require the holder(s) of any Indebtedness (or any trustee or agent acting on their behalf) in an amount exceeding $1,000,000 incurred pursuant to documents executed or amended and restated after the Closing Date, to furnish copies of all such notices directly to the Lender simultaneously with the furnishing thereof to Borrower, and that such requirement may not be altered or rescinded without the prior written consent of the Lender.
Appears in 4 contracts
Samples: Term Loan Agreement, Revolving and Term Loan Agreement, Term Loan Agreement (Brown & Brown Inc)
Notices Under Certain Other Indebtedness. Immediately upon its receipt thereof, Borrower shall furnish the Lender Administrative Agent a copy of any notice received by it, it or any other Consolidated Company (a) from the holder(s) of Indebtedness referred to in Section 8.1 7.01 (or from any trustee, agent, attorney, or other party acting on behalf of such holder(s)) in an amount which, in the aggregate, exceeds $1,000,000 5,000,000, where such notice states or claims (i) the existence or occurrence of any default or event of default with respect to such Indebtedness under the terms of any indenture, loan or credit agreement, debenture, note, or other document evidencing or governing such Indebtedness, or (bii) from the existence or occurrence of any regulatory insurance agency event or insurance company regarding condition which requires or permits holder(s) of any licenses or agreements regarding the business of the Consolidated Company and which could have a Materially Adverse EffectIndebtedness to exercise rights under any Change in Control Provision. Borrower agrees to take such actions as may be necessary to require the holder(s) of any Indebtedness (or any trustee or agent acting on their behalf) in an amount exceeding $1,000,000 incurred pursuant to documents executed or amended and restated after the Closing Date, to furnish copies of all such notices directly to the Lender Administrative Agent simultaneously with the furnishing thereof to Borrower, and that such requirement may not be altered or rescinded without the prior written consent of the LenderAdministrative Agent.
Appears in 3 contracts
Samples: Line of Credit Agreement (Hughes Supply Inc), Line of Credit Agreement (Hughes Supply Inc), Line of Credit Agreement (Hughes Supply Inc)
Notices Under Certain Other Indebtedness. Immediately upon its receipt thereof, Borrower shall furnish the Lender Agent a copy of any notice received by it, or any other Consolidated Company (a) from the holder(s) of Indebtedness referred to in Section 8.1 hereof (or from any trustee, agent, attorney, or other party acting on behalf of such holder(s)) in an amount which, in the aggregate, exceeds $1,000,000 250,000, where such notice states or claims the existence or occurrence of any default or event of default with respect to such Indebtedness under the terms of any indenture, loan or credit agreement, debenture, note, or other document evidencing or governing such Indebtedness, or (b) from any regulatory insurance agency or insurance company regarding any licenses or agreements regarding the business of the Consolidated Company and which could have a Materially Adverse Effect. Borrower agrees to take such actions as may be necessary to require request the holder(s) of any Indebtedness (or any trustee or agent acting on their behalf) in an amount exceeding $1,000,000 250,000 incurred pursuant to documents executed or amended and restated after the Closing Date, to furnish copies of all such notices directly to the Lender Agent simultaneously with the furnishing thereof to Borrower, and that such requirement may not be altered or rescinded without the prior written consent of the LenderAgent. In any event, the Borrower shall agree to immediately furnish to the Agent copies of any such notices.
Appears in 2 contracts
Samples: Term Loan Agreement (Serengeti Eyewear Inc), Revolving Line of Credit and Term Loan Agreement (Solar Mates Inc)
Notices Under Certain Other Indebtedness. Immediately upon its receipt thereof, Borrower shall furnish the Lender a copy of any notice received by it, or any other Consolidated Company (a) from the holder(s) of Indebtedness referred to in Section 8.1 (or from any trustee, agent, attorney, or other party acting on behalf of such holder(s)) in an amount which, in the aggregate, exceeds $1,000,000 where such notice states or claims the existence or occurrence of any default or event of default with respect to such Indebtedness under the terms of any indenture, loan or credit agreement, debenture, note, or other document evidencing or governing such Indebtedness, or (b) from any regulatory insurance agency or insurance company regarding any licenses or agreements regarding the business of the Consolidated Company and which could have a Materially Material Adverse Effect. Borrower agrees to take such actions as may be necessary to require the holder(s) of any Indebtedness (or any trustee or agent acting on their behalf) in an amount exceeding $1,000,000 incurred pursuant to documents executed or amended and restated after the Closing Date, to furnish copies of all such notices directly to the Lender simultaneously with the furnishing thereof to Borrower, and that such requirement may not be altered or rescinded without the prior written consent of the Lender.
Appears in 2 contracts
Samples: Revolving Loan Agreement (Brown & Brown Inc), Revolving Loan Agreement (Brown & Brown Inc)
Notices Under Certain Other Indebtedness. Immediately upon Upon its receipt thereof, Borrower shall furnish the Lender Administrative Agent a copy of any notice received by it, it or any other Consolidated Company (a) from the holder(s) of Indebtedness referred to in Section 8.1 7.01 (or from any trustee, agent, attorney, or other party acting on behalf of such holder(s)) in an amount which, in the aggregate, exceeds $1,000,000 5,000,000, where such notice states or claims (i) the existence or occurrence of any default or event of default with respect to such Indebtedness under the terms of any indenture, loan or credit agreement, debenture, note, or other document evidencing or governing such Indebtedness, or (bii) from the existence or occurrence of any regulatory insurance agency event or insurance company regarding condition which requires or pen-nits holder(s) of any licenses or agreements regarding the business of the Consolidated Company and which could have a Materially Adverse EffectIndebtedness to exercise rights under any Change in Control Provision. Borrower agrees to take such actions as may be necessary to require the holder(s) of any Indebtedness (or any trustee or agent acting on their behalf) in an amount exceeding $1,000,000 behalf incurred pursuant to documents executed or amended and restated after the Closing Date, to furnish copies of all such notices directly to the Lender Administrative Agent simultaneously with the furnishing thereof to Borrower, and that such requirement may not be altered or rescinded without the prior written consent of the LenderAdministrative Agent.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Hughes Supply Inc), Revolving Credit Agreement (Hughes Supply Inc)
Notices Under Certain Other Indebtedness. Immediately upon its receipt thereof, Borrower shall furnish the Lender Administrative Agent a copy of any notice received by it, it or any other Consolidated Company (a) from the holder(s) of Indebtedness referred to in Section 8.1 (or from any trustee, agent, attorney, or other party acting on behalf of such holder(s)) in an amount which, in the aggregate, exceeds $1,000,000 25,000,000, where such notice states or claims (i) the existence or occurrence of any default or event of default with respect to such Indebtedness under the terms of any indenture, loan or credit agreement, debenture, note, or other document evidencing or governing such Indebtedness, or (bii) from the existence or occurrence of any regulatory insurance agency event or insurance company regarding condition which requires or permits holder(s) of any licenses or agreements regarding the business of the Consolidated Company and which could have a Materially Adverse EffectIndebtedness to exercise rights under any change in control provision. Borrower agrees to take such actions as may be necessary to require the holder(s) of any Indebtedness (or any trustee or agent acting on their behalf) in an amount exceeding $1,000,000 incurred pursuant to documents executed or amended and restated after the Closing Date, to furnish copies of all such notices directly to the Lender Administrative Agent simultaneously with the furnishing thereof to Borrower, and that such requirement may not be altered or rescinded without the prior written consent of the LenderAdministrative Agent.
Appears in 2 contracts
Samples: Revolving Credit and Line of Credit Agreement (Office Depot Inc), 364 Day Revolving Credit Agreement (Office Depot Inc)
Notices Under Certain Other Indebtedness. Immediately upon its ---------------------------------------- receipt thereof, Borrower shall furnish the Lender Agent a copy of any notice received by it, it or any other Consolidated Company (a) from the holder(s) of Indebtedness referred to in Section 8.1 (or from any trustee, agent, attorney, or other party acting on behalf of such holder(s)) in an amount which, in the aggregate, exceeds $1,000,000 500,000, where such notice states or claims (i) the existence or occurrence of any default or event of default with respect to such Indebtedness under the terms of any indenture, loan or credit agreement, debenture, note, or other document evidencing or governing such Indebtedness, or (bii) from the existence or occurrence of any regulatory insurance agency event or insurance company regarding condition which requires or permits holder(s) of any licenses or agreements regarding the business of the Consolidated Company and which could have a Materially Adverse EffectIndebtedness to exercise rights under any Change in Control Provision. Borrower agrees to take such actions as may be necessary to require the holder(s) of any Indebtedness (or any trustee or agent acting on their behalf) in an amount exceeding $1,000,000 incurred pursuant to documents executed or amended and restated after the Closing Date, to furnish copies of all such notices directly to the Lender Agent simultaneously with the furnishing thereof to Borrower, and that such requirement may not be altered or rescinded without the prior written consent of the LenderAgent.
Appears in 1 contract
Samples: Revolving Credit and Line of Credit Agreement (Rotech Medical Corp)
Notices Under Certain Other Indebtedness. Immediately Promptly upon its receipt thereof, Borrower shall furnish to the Lender Agent a copy of any notice received by it, it or any other Consolidated Company (a) from the holder(s) of any Indebtedness referred to in Section 8.1 of the Borrower (or from any trustee, agent, attorney, or other party acting on behalf of such holder(s)) in an amount which, in the aggregate, exceeds $1,000,000 100,000, where such notice states or claims (i) the existence or occurrence of any default or event of default with respect to such Indebtedness under the terms of any indenture, loan or credit agreement, debenture, note, or other document Debt Instrument evidencing or governing such Indebtedness, or (bii) from the existence or occurrence of any regulatory insurance agency event or insurance company regarding condition which requires or permits holder(s) of any licenses Indebtedness to exercise rights under any "change in control" provision under any Debt Instrument, in each case regardless of whether the holders of such Indebtedness waive, or agreements regarding amend any Debt Instrument the business effect of the Consolidated Company and which could have a Materially Adverse Effectis to waive, such default or event of default. Borrower also agrees, promptly upon receipt thereof, to furnish to the Agent a copy of any waiver or amendment to any Debt Instrument which waives or has the effect of waiving any default or event of default thereunder. Borrower further agrees to take such actions as may be necessary to require the holder(s) of any Indebtedness (or any trustee or agent acting on their behalf) in an amount exceeding $1,000,000 incurred pursuant to documents Debt Instruments executed or amended and restated after the Closing Date, to furnish copies of all such notices notices, waivers and amendments directly to the Lender Agent simultaneously with the furnishing thereof to Borrower, and that such requirement may not be altered or rescinded without the prior written consent of the LenderAgent.
Appears in 1 contract
Notices Under Certain Other Indebtedness. Immediately upon its receipt thereof, Borrower shall furnish the Lender a copy of any notice received by it, or any other Consolidated Company (a) from the holder(s) of Indebtedness referred to in Section 8.1 (or from any trustee, agent, attorney, or other party acting on behalf of such holder(s)) in an amount which, in the aggregate, exceeds $1,000,000 1,000,000.00 where such notice states or claims the existence or occurrence of any default or event of default with respect to such Indebtedness under the terms of any indenture, loan or credit agreement, debenture, note, or other document evidencing or governing such Indebtedness, or (b) from any regulatory insurance agency or insurance company regarding regrading any licenses or agreements regarding the business of the Consolidated Company and which could have a Materially Material Adverse Effect. Borrower agrees to take such actions as may be necessary to require the holder(s) of any Indebtedness (or any trustee or agent acting on their behalf) in an amount exceeding $1,000,000 1,000,000.00 incurred pursuant to documents executed or amended and restated after the Closing Date, to furnish copies of all such notices directly to the Lender simultaneously with the furnishing thereof to Borrower, and that such requirement may not be altered or rescinded without the prior written consent of the Lender.
Appears in 1 contract
Samples: Revolving and Term Loan Agreement (Brown & Brown Inc)
Notices Under Certain Other Indebtedness. Immediately upon its receipt thereof, Borrower shall furnish the Lender Agent a copy of any notice received by it, it or any other Consolidated Company (a) from the holder(s) of Indebtedness referred to in Section 8.1 8.01 (or from any trustee, agent, attorney, or other party acting on behalf of such holder(s)) in an amount which, in the aggregate, exceeds $1,000,000 2,500,000, where such notice states or claims (i) the existence or occurrence of any default or event of default with respect to such Indebtedness under the terms of any indenture, loan or credit agreement, debenture, note, or other document evidencing or governing such Indebtedness, or (bii) from the existence or occurrence of any regulatory insurance agency event or insurance company regarding condition which requires or permits holder(s) of any licenses or agreements regarding the business of the Consolidated Company and which could have a Materially Adverse EffectIndebtedness to exercise rights under any Change in Control Provision. Borrower agrees to take such actions as may be necessary to require the holder(s) of any Indebtedness (or any trustee or agent acting on their behalf) in an amount exceeding $1,000,000 incurred pursuant to documents executed or amended and restated after the Closing Date, to furnish copies of all such notices directly to the Lender Agent simultaneously with the furnishing thereof to Borrower, and that such requirement may not be altered or rescinded without the prior written consent of the LenderAdministrative Agent.
Appears in 1 contract
Samples: Revolving Credit and Line of Credit Agreement (Hughes Supply Inc)
Notices Under Certain Other Indebtedness. Immediately ---------------------------------------- upon its receipt thereof, Borrower shall furnish the Lender Administrative Agent a copy of any notice received by it, it or any other Consolidated Company (a) from the holder(s) of Indebtedness referred to in Section 8.1 7.01 (or from any trustee, agent, attorney, or other party acting on behalf of such holder(s)) in an amount which, in the aggregate, exceeds $1,000,000 5,000,000, where such notice states or claims (i) the existence or occurrence of any default or event of default with respect to such Indebtedness under the terms of any indenture, loan or credit agreement, debenture, note, or other document evidencing or governing such Indebtedness, or (bii) from the existence or occurrence of any regulatory insurance agency event or insurance company regarding condition which requires or permits holder(s) of any licenses or agreements regarding the business of the Consolidated Company and which could have a Materially Adverse EffectIndebtedness to exercise rights under any Change in Control Provision. Borrower agrees to take such actions as may be necessary to require the holder(s) of any Indebtedness (or any trustee or agent acting on their behalf) in an amount exceeding $1,000,000 incurred pursuant to documents executed or amended and restated after the Closing Date, to furnish copies of all such notices directly to the Lender Administrative Agent simultaneously with the furnishing thereof to Borrower, and that such requirement may not be altered or rescinded without the prior written consent of the LenderAdministrative Agent.
Appears in 1 contract
Notices Under Certain Other Indebtedness. Immediately upon ---------------------------------------- its receipt thereof, Borrower shall furnish the Lender Agent a copy of any notice received by it, it or any other Consolidated Company (a) from the holder(s) of Indebtedness referred to in Section 8.1 (or from any trustee, agent, attorney, or other party acting on behalf of such holder(s)) in an amount which, in the aggregate, exceeds $1,000,000 250,000, where such notice states or claims (i) the existence or occurrence of any default or event of default with respect to such Indebtedness under the terms of any indenture, loan or credit agreement, debenture, note, or other document evidencing or governing such Indebtedness, or (bii) from the existence or occurrence of any regulatory insurance agency event or insurance company regarding condition which requires or permits holder(s) of any licenses or agreements regarding the business of the Consolidated Company and which could have a Materially Adverse EffectIndebtedness to exercise rights under any Change in Control Provision. Borrower agrees to take such actions as may be necessary to require the holder(s) of any Indebtedness (or any trustee or agent acting on their behalf) in an amount exceeding $1,000,000 incurred pursuant to documents executed or amended and restated after the Closing Date, to furnish copies of all such notices directly to the Lender Agent simultaneously with the furnishing thereof to Borrower, and that such requirement may not be altered or rescinded without the prior written consent of the LenderAgent.
Appears in 1 contract
Samples: Revolving Credit and Line of Credit Agreement (Rotech Medical Corp)
Notices Under Certain Other Indebtedness. Immediately upon its receipt thereof, Borrower and Parent shall furnish the Lender a copy of any notice received by it, either of them or any other Consolidated Company (a) from the holder(s) of Indebtedness referred to in Section 8.1 7.01 (or from any trustee, agent, attorney, or other party acting on behalf of such holder(s)) in an amount which, in the aggregate, exceeds $1,000,000 5,000,000, where such notice states or claims (i) the existence or occurrence of any default or event of default with respect to such Indebtedness under the terms of any indenture, loan or credit agreement, debenture, note, or other document evidencing or governing such Indebtedness, or (bii) from the existence or occurrence of any regulatory insurance agency event or insurance company regarding condition which requires or permits holder(s) of any licenses or agreements regarding the business of the Consolidated Company and which could have a Materially Adverse EffectIndebtedness to exercise rights under any Change in Control Provision. Borrower agrees and Parent agree to take such actions as may be necessary to require the holder(s) of any Indebtedness (or any trustee or agent acting on their behalf) in an amount exceeding $1,000,000 incurred pursuant to documents executed or amended and restated after the Closing Date, to furnish copies of all such notices directly to the Lender simultaneously with the furnishing thereof to BorrowerBorrower and/or Parent, as the case may be, and that such requirement may not be altered or rescinded without the prior written consent of the Lender.
Appears in 1 contract
Samples: Real Estate Term Credit Agreement (Hughes Supply Inc)
Notices Under Certain Other Indebtedness. Immediately upon its receipt thereof, Borrower shall furnish the Lender Administrative Agent a copy of any notice received by it, it or any other Consolidated Company (a) from the holder(s) of Indebtedness referred to in Section 8.1 (or from any trustee, agent, attorney, or other party acting on behalf of such holder(s)) in an amount which, in the aggregate, exceeds $1,000,000 100,000, where such notice states or claims (i) the existence or occurrence of any default or event of default with respect to such Indebtedness under the terms of any indenture, loan or credit agreement, debenture, note, or other document evidencing or governing such Indebtedness, or (bii) from the existence or occurrence of any regulatory insurance agency event or insurance company regarding condition which requires or permits holder(s) of any licenses Indebtedness to exercise rights under any documents evidencing or agreements regarding the business of the Consolidated Company and which could have a Materially Adverse Effectsecuring such Indebtedness. Borrower agrees to take such actions as may be necessary to require the holder(s) of any Indebtedness (or any trustee or agent acting on their behalf) in an amount exceeding $1,000,000 incurred pursuant to documents executed or amended and restated after the Closing Date, to furnish copies of all such notices directly to the Lender Administrative Agent simultaneously with the furnishing thereof to Borrower, and that such requirement may not be altered or rescinded without the prior written consent of the LenderAdministrative Agent.
Appears in 1 contract
Samples: Senior Secured Revolving Credit Agreement (Able Telcom Holding Corp)
Notices Under Certain Other Indebtedness. Immediately upon its receipt thereof, Borrower shall furnish the Lender Administrative Agent a copy of any notice received by it, it or any other Consolidated Company (a) from the holder(s) of Indebtedness referred to in Section 8.1 7.01 (or from any trustee, agent, attorney, or other party acting on behalf of such holder(s)) in an amount which, in the aggregate, exceeds $1,000,000 5,000,000, where such notice states or claims (i) the existence or occurrence of any default or event of default with respect to such Indebtedness under the terms of any indenture, loan or credit agreement, debenture, note, or other document evidencing or governing such Indebtedness, or (bii) from the existence or occurrence of any regulatory insurance agency event or insurance company regarding condition which requires or permits holder(s) of any licenses or agreements regarding the business of the Consolidated Company and which could have a Materially Adverse EffectIndebtedness to exercise rights under any Change in Control Provision. Borrower agrees to take such actions ac tions as may be necessary to require the holder(s) of any Indebtedness (or any trustee or agent acting on their behalf) in an amount exceeding $1,000,000 incurred pursuant to documents executed or amended and restated after the Closing Date, to furnish copies of all such notices directly to the Lender Administrative Agent simultaneously with the furnishing thereof to Borrower, and that such requirement may not be altered or rescinded without the prior written consent of the LenderAdministrative Agent.
Appears in 1 contract
Notices Under Certain Other Indebtedness. Immediately upon its receipt thereof, Borrower shall furnish the Lender Administrative Agent a copy of any notice received by it, it or any other Consolidated Company (a) from the holder(s) of Indebtedness referred to in Section 8.1 (or from any trustee, agent, attorney, or other party acting on behalf of such holder(s)) in an amount which, in the aggregate, exceeds $1,000,000 1,000,000, where such notice states or claims (i) the existence or occurrence of any default or event of default with respect to such Indebtedness under the terms of any indenture, loan or credit agreementAgreement, debenture, note, or other document evidencing or governing such Indebtedness, or (bii) from the existence or occurrence of any regulatory insurance agency event or insurance company regarding condition which requires or permits holder(s) of any licenses or agreements regarding the business of the Consolidated Company and which could have a Materially Adverse EffectIndebtedness to exercise rights under any Change in Control Provision. Borrower agrees to take such actions as may be necessary to require the holder(s) of any Indebtedness (or any trustee or agent acting on their behalf) in an amount exceeding $1,000,000 incurred pursuant to documents executed or amended and restated after the Closing Date, to furnish copies of all such notices directly to the Lender Administrative Agent simultaneously with the furnishing thereof to Borrower, and that such requirement may not be altered or rescinded without the prior written consent of the LenderAdministrative Agent.
Appears in 1 contract
Samples: Revolving Credit Agreement (Planet Hollywood International Inc)
Notices Under Certain Other Indebtedness. Immediately upon its receipt thereof, Borrower shall furnish the Lender Agent a copy of any notice received by it, it or any other Consolidated Company (a) from the holder(s) of Indebtedness referred to in Section 8.1 8.01 (or from any trustee, agent, attorney, or other party acting on behalf of such holder(s)) in an amount which, in the aggregate, exceeds $1,000,000 2,500,000, where such notice states or claims (i) the existence or occurrence of any default or event of default with respect to such Indebtedness under the terms of any indenture, loan or credit agreement, debenture, note, or other document evidencing or governing such Indebtedness, or (bii) from the existence or occurrence of any regulatory insurance agency event or insurance company regarding condition which requires or permits holder(s) of any licenses or agreements regarding the business of the Consolidated Company and which could have a Materially Adverse EffectIndebtedness to exercise rights under any Change in Control Provision. Borrower agrees to take such actions as may be necessary to require the holder(s) of any Indebtedness (or any trustee or agent acting on their behalf) in an amount exceeding $1,000,000 incurred pursuant to documents executed or amended and restated after the Closing Date, to furnish copies of all such notices directly to the Lender Agent simultaneously with the furnishing thereof to Borrower, and that such requirement may not be altered or rescinded without the prior written consent of the LenderAgent.
Appears in 1 contract
Samples: Revolving Credit and Line of Credit Agreement (Hughes Supply Inc)
Notices Under Certain Other Indebtedness. Immediately upon its receipt thereof, Borrower shall furnish the Lender Agent a copy of any notice received by it, it or any other Consolidated Company (a) from the holder(s) of Indebtedness referred to in Section 8.1 (or from any trustee, agent, attorney, or other party acting on behalf of such holder(s)) in an amount which, in the aggregate, exceeds $1,000,000 1,000,000, where such notice states or claims (i) the existence or occurrence of any default or event of default with respect to such Indebtedness under the terms of any indenture, loan or credit agreementAgreement, debenture, note, or other document evidencing or governing such Indebtedness, or (bii) from the existence or occurrence of any regulatory insurance agency event or insurance company regarding condition which requires or permits holder(s) of any licenses or agreements regarding the business of the Consolidated Company and which could have a Materially Adverse EffectIndebtedness to exercise rights under any Change in Control Provision. Borrower agrees to take such actions as may be necessary to require the holder(s) of any Indebtedness (or any trustee or agent acting on their behalf) in an amount exceeding $1,000,000 incurred pursuant to documents executed or amended and restated after the Closing Date, to furnish copies of all such notices directly to the Lender Agent simultaneously with the furnishing thereof to Borrower, and that such requirement may not be altered or rescinded without the prior written consent of the LenderAgent.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Planet Hollywood International Inc)