Common use of Adverse Litigation Clause in Contracts

Adverse Litigation. There is filed against Borrower any civil or ------------------ criminal action, suit or proceeding under any federal or state racketeering statute (including, without limitation, the Racketeer Influenced and Corrupt Organization Act of 1970), which action, suit or proceeding (i) is not dismissed within one hundred twenty (120) days, and (ii) could result in the confiscation or forfeiture of any material portion of the Collateral.

Appears in 2 contracts

Sources: Loan and Security Agreement (Pac-West Telecomm Inc), Loan and Security Agreement (Pac-West Telecomm Inc)