Common use of Promptly upon Clause in Contracts

Promptly upon. any Borrower obtaining knowledge -------- of the institution of, or written threat of, any action, suit, proceeding, governmental investigation, any allegation of defective pricing, defective product or services, cost mischarging, or violation of the Cost Accounting Standards (48 C.F.R. (S) 9900 (et. seq.)), any facts which would impair the -- --- ability of a Borrower to continue to perform Government Contracts or to obtain future Government Contracts or arbitration against or affecting a Borrower or any of the Borrowers' Subsidiaries or any Property of such Borrower or any of such Borrowers' Subsidiaries not previously disclosed pursuant to Section 6.01(k), which action,suit, proceeding, governmental investigation or ------- ------- arbitration exposes, or in the case of multiple actions, suits, proceedings, governmental investigations or arbitrations arising out of the same general allegations or circumstances which expose, in such Borrower's reasonable judgment, such Borrower or any of such Borrower's Subsidiaries to liability in an amount aggregating $5,000,000 or more, or could result in suspension or debarment from government contracting, loss of facility clearances for classified information, or suspension of export licenses or approvals (whether existing or applied for), such Borrower shall give written notice thereof to the Administrative Agent and the Lenders and provide such other information as may be reasonably available to enable each Lender and the Administrative Agent and its counsel to evaluate such matters; and (ii) in addition to the requirements set forth in clause (i) of this Section 7.03, a Borrower, upon request of the ------------ Administrative Agent or the Requisite Lenders, shall promptly give written notice of the status of any action, suit, proceeding, governmental investigation, any allegation of defective pricing, defective products or services, or violation of the Cost Accounting Standards, or of any facts which would impair the ability of such Borrower to continue to perform Government Contracts or to obtain future Government Contracts or arbitration covered by a report delivered pursuant to clause (i) above and provide such other information ---------- as may be reasonably available to it to enable each Lender and the Administrative Agent and its counsel to evaluate such matters.

Promptly upon. any the Borrower obtaining knowledge -------- of the institution of, or written threat of, any action, suit, proceeding, governmental investigation, any allegation of defective pricing, defective product or services, cost mischarging, or violation of the Cost Accounting Standards (48 C.F.R. (S) 9900 (et. seq.)), any facts which would impair the -- --- ability of a Borrower to continue to perform Government Contracts or to obtain future Government Contracts investigation or arbitration against or affecting a the Borrower or any of the Borrowers' Subsidiaries Parent or any Property of such the Borrower or any of such Borrowers' Subsidiaries Parent not previously disclosed pursuant to Section 6.01(kSECTION 5.01(n), which action,, suit, proceeding, governmental investigation or ------- ------- arbitration exposes, or in the case of multiple actions, suits, proceedings, governmental investigations or arbitrations arising out of the same general allegations or circumstances which expose, in such the Borrower's reasonable judgment, such the Borrower or any of such Borrower's Subsidiaries Parent to liability in an amount aggregating $5,000,000 100,000 or more, more (exclusive of claims covered by insurance policies of the Borrower or could result in suspension any Parent unless the insurers of such claims have disclaimed coverage or debarment from government contracting, loss of facility clearances for classified information, or suspension of export licenses or approvals (whether existing or applied forreserved the right to disclaim coverage on such claims), such the Borrower shall give written notice thereof to the Administrative Agent and the Lenders Lender and provide such other information as may be reasonably available to enable each the Lender and the Administrative Agent and its counsel to evaluate such matters; (b) as soon as practicable and in any event within forty-five (45) days after the end of each fiscal quarter of the Borrower, the Borrower shall provide a written quarterly report to the Lender covering the institution of, or written threat of, any action, suit, proceeding, governmental investigation or arbitration (not previously reported) against or affecting the Borrower or any Parent or any Property of the Borrower or any Parent not previously disclosed by the Borrower to the Lender, and shall provide such other information at such time as may be reasonably available to enable the Lender and its counsel to evaluate such matters (but excluding such information at to which the Borrower in good faith has asserted or will assert a legal privilege in objection to disclosure of the information by the Borrower in the action, suit, proceeding, investigation or arbitration); and (iic) in addition to the requirements set forth in clause CLAUSES (ia) and (b) of this Section 7.03SECTION 6.05, a Borrower, the Borrower upon request of the ------------ Administrative Agent or the Requisite Lenders, Lender shall promptly give written notice of the status of any action, suit, proceeding, governmental investigation, any allegation of defective pricing, defective products or services, or violation of the Cost Accounting Standards, or of any facts which would impair the ability of such Borrower to continue to perform Government Contracts or to obtain future Government Contracts investigation or arbitration covered by a report delivered pursuant to clause CLAUSE (ia) or (b) above and provide such other information ---------- as may be reasonably available to it to enable each the Lender and the Administrative Agent and its counsel to evaluate such matters.

Promptly upon. any Borrower obtaining -------- knowledge -------- of the institution of, or written threat of, any action, suit, proceeding, governmental investigation, any allegation of defective pricing, defective product or services, cost mischarging, or violation of the Cost Accounting Standards (48 C.F.R. (S) 9900 (et. seq.)), any facts which would -- --- impair the -- --- ability of a Borrower to continue to perform Government Contracts or to obtain future Government Contracts or arbitration against or affecting a Borrower or any of the Borrowers' Subsidiaries or any Property of such Borrower or any of such Borrowers' Subsidiaries not previously disclosed pursuant to Section 6.01(k), which action,, suit, proceeding, governmental investigation or ------- ------- -------------- arbitration exposes, or in the case of multiple actions, suits, proceedings, governmental investigations or arbitrations arising out of the same general allegations or circumstances which expose, in such Borrower's reasonable judgment, such Borrower or any of such Borrower's Subsidiaries to liability in an amount aggregating $5,000,000 or more, or could result in suspension or debarment from government contracting, loss of facility clearances for classified information, or suspension of export licenses or approvals (whether existing or applied for), such Borrower shall give written notice thereof to the Administrative Agent and the Lenders and provide such other information as may be reasonably available to enable each Lender and the Administrative Agent and its counsel to evaluate such matters; and (ii) in addition to the requirements set forth in clause (i) of ---------- this Section 7.03, a Borrower, upon request of the ------------ Administrative Agent or the ------------ Requisite Lenders, shall promptly give written notice of the status of any action, suit, proceeding, governmental investigation, any allegation of defective pricing, defective products or services, or violation of the Cost Accounting Standards, or of any facts which would impair the ability of such Borrower to continue to perform Government Contracts or to obtain future Government Contracts or arbitration covered by a report delivered pursuant to clause (i) above and provide such other information ---------- as may be reasonably ---------- available to it to enable each Lender and the Administrative Agent and its counsel to evaluate such matters.

Promptly upon. any Borrower the Borrower's obtaining -------- knowledge -------- of the institution of, or written threat of, any action, suit, proceeding, governmental investigation, any allegation of defective pricing, defective product or services, cost mischarging, or violation of the Cost Accounting Standards (48 C.F.R. (S) 9900 (et. seq.)), any facts which would impair the -- --- ability of a Borrower to continue to perform Government Contracts or to obtain future Government Contracts investigation or arbitration against or affecting a the Borrower or any of the Borrowers' Subsidiaries or any Property of such Borrower or any of such Borrowers' its Subsidiaries not previously disclosed pursuant to Section 6.01(k7.1(i), which action,, suit, proceeding, governmental -------------- investigation or ------- ------- arbitration exposes, or in the case of multiple actions, suits, proceedings, governmental investigations or arbitrations arising out of the same general allegations or circumstances which expose, in such the Borrower's reasonable judgment, such the Borrower or any of such Borrower's its Subsidiaries to liability in an amount aggregating $5,000,000 1,000,000 or moremore and is not covered by the Borrower's or such Subsidiary's insurance, or could result in suspension or debarment from government contracting, loss of facility clearances for classified information, or suspension of export licenses or approvals (whether existing or applied for), such the Borrower shall give written notice thereof to the Administrative Agent and (with copies for each of the Lenders Lenders) and provide such other information as may be reasonably available to enable each Lender and the Administrative Agent and its counsel to evaluate such matters; (ii) as soon as practicable and in any event within forty-five (45) days after the end of each fiscal quarter of the Borrower, the Borrower shall provide a written quarterly report to the Administrative Agent and the Lenders covering the institution of, or written threat of, any action, suit, proceeding, governmental investigation or arbitration in an amount equal to or in excess of $50,000,000 to the extent not previously reported) against or affecting the Borrower or any of its Subsidiaries or any Property of the Borrower or any of its Subsidiaries not previously disclosed by the Borrower to the Administrative Agent and the Lenders, and shall provide such other information at such time as may be reasonably available to enable each Lender and the Administrative Agent and its counsel to evaluate such matters; and (iiiii) in addition to the requirements set forth in clause clauses (i) and (ii) of this Section 7.038.4, a Borrower, the Borrower upon request of ----------- the ------------ Administrative Agent or the Requisite Lenders, Lenders shall promptly give written notice of the status of any action, suit, proceeding, governmental investigation, any allegation of defective pricing, defective products or services, or violation of the Cost Accounting Standards, or of any facts which would impair the ability of such Borrower to continue to perform Government Contracts or to obtain future Government Contracts investigation or arbitration covered by a report delivered pursuant to clause (i) or (ii) above and provide such other information ---------- as may be reasonably requested and available to it to enable each Lender and the Administrative Agent and its counsel to evaluate such matters. Notwithstanding the foregoing, the Borrower shall not be required to disclose any information which is subject to the attorney-client privilege.

Promptly upon. any the Borrower obtaining knowledge -------- of the institution of, or written threat of, any action, suit, proceeding, governmental investigation, any allegation of defective pricing, defective product or services, cost mischarging, or violation of the Cost Accounting Standards (48 C.F.R. (S) 9900 (et. seq.)), any facts which would impair the -- --- ability of a Borrower to continue to perform Government Contracts or to obtain future Government Contracts investigation or arbitration against or affecting a the Borrower or any of the Borrowers' its Subsidiaries or any Property of such the Borrower or any of such Borrowers' Subsidiaries not previously disclosed pursuant to Section 6.01(k)its Subsidiaries, which action,, suit, proceeding, governmental investigation or ------- ------- arbitration exposes, or in the case of multiple actions, suits, proceedings, governmental investigations or arbitrations arising out of the same general allegations or circumstances which expose, in such the Borrower's reasonable judgment, such the Borrower or any of such Borrower's its Subsidiaries to liability in an amount aggregating $5,000,000 100,000 or more, more (exclusive of claims covered by insurance policies of the Borrower or could result in suspension any of its Subsidiaries unless the insurers of such claims have disclaimed coverage or debarment from government contracting, loss of facility clearances for classified information, or suspension of export licenses or approvals (whether existing or applied forreserved the right to disclaim coverage on such claims), such the Borrower shall give written notice thereof to the Administrative Agent and the Lenders Lender and provide such other information as may be reasonably available to enable each the Lender and the Administrative Agent and its counsel to evaluate such matters; (b) as soon as practicable and in any event within forty-five (45) days after the end of each fiscal quarter of the Borrower, the Borrower shall provide a written quarterly report to the Lender covering the institution of, or written threat of, any action, suit, proceeding, governmental investigation or arbitration (not previously reported) against or affecting the Borrower or any of its Subsidiaries or any Property of the Borrower or any of its Subsidiaries not previously disclosed by the Borrower to the Lender, and shall provide such other information at such time as may be reasonably available to enable the Lender and its counsel to evaluate such matters (but excluding such information at to which the Borrower in good faith has asserted or will assert a legal privilege in objection to disclosure of the information by the Borrower in the action, suit, proceeding, investigation or arbitration); and (iic) in addition to the requirements set forth in clause CLAUSES (ia) and (b) of this Section 7.03SECTION 6.04, a Borrower, the Borrower upon request of the ------------ Administrative Agent or the Requisite Lenders, Lender shall promptly give written notice of the status of any action, suit, proceeding, governmental investigation, any allegation of defective pricing, defective products or services, or violation of the Cost Accounting Standards, or of any facts which would impair the ability of such Borrower to continue to perform Government Contracts or to obtain future Government Contracts investigation or arbitration covered by a report delivered pursuant to clause CLAUSE (ia) or (b) above and provide such other information ---------- as may be reasonably available to it to enable each the Lender and the Administrative Agent and its counsel to evaluate such matters.

Promptly upon. any the Borrower obtaining knowledge -------- of the institution of, or written threat of, any action, suit, proceeding, governmental investigation, any allegation of defective pricing, defective product or services, cost mischarging, or violation of the Cost Accounting Standards (48 C.F.R. (S) 9900 (et. seq.)), any facts which would impair the -- --- ability of a Borrower to continue to perform Government Contracts or to obtain future Government Contracts investigation or arbitration against or affecting a the Borrower or any of the Borrowers' its Subsidiaries or any Property of such the Borrower or any of such Borrowers' its Subsidiaries not previously disclosed pursuant to Section 6.01(kSECTION 5.01(o), which action,, suit, proceeding, governmental investigation or ------- ------- arbitration exposes, or in the case of multiple actions, suits, proceedings, governmental investigations or arbitrations arising out of the same general allegations or circumstances which expose, in such the Borrower's reasonable judgment, such the Borrower or any of such Borrower's its Subsidiaries to liability in an amount aggregating $5,000,000 100,000 or more, more (exclusive of claims covered by insurance policies of the Borrower or could result in suspension any of its Subsidiaries unless the insurers of such claims have disclaimed coverage or debarment from government contracting, loss of facility clearances for classified information, or suspension of export licenses or approvals (whether existing or applied forreserved the right to disclaim coverage on such claims), such the Borrower shall give written notice thereof to the Administrative Agent and the Lenders Lender and provide such other information as may be reasonably available to enable each the Lender and the Administrative Agent and its counsel to evaluate such matters; (b) as soon as practicable and in any event within forty-five (45) days after the end of each fiscal quarter of the Borrower, the Borrower shall provide a written quarterly report to the Lender covering the institution of, or written threat of, any action, suit, proceeding, governmental investigation or arbitration (not previously reported) against or affecting the Borrower or any of its Subsidiaries or any Property of the Borrower or any of its Subsidiaries not previously disclosed by the Borrower to the Lender, and shall provide such other information at such time as may be reasonably available to enable the Lender and its counsel to evaluate such matters (but excluding such information at to which the Borrower in good faith has asserted or will assert a legal privilege in objection to disclosure of the information by the Borrower in the action, suit, proceeding, investigation or arbitration); and (iic) in addition to the requirements set forth in clause CLAUSES (ia) and (b) of this Section 7.03SECTION 6.05, a Borrower, the Borrower upon request of the ------------ Administrative Agent or the Requisite Lenders, Lender shall promptly give written notice of the status of any action, suit, proceeding, governmental investigation, any allegation of defective pricing, defective products or services, or violation of the Cost Accounting Standards, or of any facts which would impair the ability of such Borrower to continue to perform Government Contracts or to obtain future Government Contracts investigation or arbitration covered by a report delivered pursuant to clause CLAUSE (ia) or (b) above and provide such other information ---------- as may be reasonably available to it to enable each the Lender and the Administrative Agent and its counsel to evaluate such matters.