Common use of Business Disruption; Condemnation Clause in Contracts

Business Disruption; Condemnation. There shall occur a cessation of a substantial part of the business of Borrowers and their Subsidiaries (taken as a whole) for a period which materially adversely affects the capacity of Borrowers and their Subsidiaries to continue their business on a profitable basis; or any Borrower, any of its Subsidiaries or any Guarantor shall suffer the loss or revocation of any material license or permit now held or hereafter acquired by such Borrower, such Subsidiary or such Guarantor which is necessary to the continued or lawful operation of a material portion of the business of Borrowers and their Subsidiaries (taken as a whole); or any Borrower, any of its Subsidiaries or any Guarantor shall be enjoined, restrained or in any way prevented by court, governmental or administrative order from conducting all or any material part of the business affairs of Borrowers and their Subsidiaries (taken as a whole); or any material lease or agreement pursuant to which any Borrower, any of its Subsidiaries or any Guarantor leases, uses or occupies any Property shall be canceled or terminated prior to the expiration of its stated term, except any such lease or agreement the cancellation or termination of which could not reasonably be expected to have a Material Adverse Effect; or any material portion of the Collateral shall be taken through condemnation or the value of such Property shall be materially impaired through condemnation, except for any such condemnation that would not reasonably be expected to have a Material Adverse Effect.

Business Disruption; Condemnation. There shall occur a cessation of a substantial part of the business of Borrowers and their Subsidiaries (taken as a whole) Borrower or any Subsidiary of Borrower for a period which materially and adversely affects the capacity ability of Borrowers Borrower and their its Subsidiaries capacity, taken as a whole, to continue their business businesses on a profitable basis; or any Borrower, any of its Subsidiaries Borrower or any Guarantor Subsidiary of Borrower shall suffer the loss or revocation of any material license or permit now held or hereafter acquired by such Borrower or any Subsidiary of Borrower, such Subsidiary the loss or such Guarantor revocation of which is necessary could reasonably be expected to the continued or lawful operation of have a material portion of the business of Borrowers and their Subsidiaries (taken as a whole)Material Adverse Effect; or any Borrower, any of Borrower and its Subsidiaries or any Guarantor shall be enjoined, restrained or in any way prevented by court, governmental or administrative order from conducting all or any material part of the business affairs of Borrowers Borrower and their Subsidiaries (its Subsidiaries, taken as a whole); or any material lease or agreement pursuant to which any Borrower, any of its Subsidiaries Borrower or any Guarantor Subsidiary of Borrower leases, uses or occupies any Property shall be canceled or terminated prior to the expiration of its stated term, except other than any such lease or agreement the cancellation or termination of which could not reasonably be expected to have a Material Adverse Effect; or any material portion of the Collateral shall be taken through condemnation or the value of such Property shall be materially impaired through condemnation, except for any such condemnation that would not reasonably be expected to have a Material Adverse Effect.

Business Disruption; Condemnation. There shall occur a cessation of a substantial part of the business of Borrowers and their Subsidiaries (taken as a whole) any Borrower, any Subsidiary of any Borrower or any other Loan Party for a period which materially adversely affects the capacity of Borrowers and their Subsidiaries could reasonably be expected to continue their business on have a profitable basisMaterial Adverse Effect; or any Borrower, any Subsidiary of its Subsidiaries any Borrower or any Guarantor other Loan Party shall suffer the loss or revocation of any material license or permit now held or hereafter acquired by such Borrower, such any Subsidiary of any Borrower or such Guarantor any other Loan Party which is necessary loss could reasonably be expected to the continued or lawful operation of have a material portion of the business of Borrowers and their Subsidiaries (taken as a whole)Material Adverse Effect; or any Borrower, any Subsidiary of its Subsidiaries any Borrower or any Guarantor other Loan Party shall be enjoined, restrained or in any way prevented by court, governmental or administrative order from conducting all or any material part of the its business affairs of Borrowers and their Subsidiaries (taken as which injunction, restraint or other action could reasonably be expected to have a whole)Material Adverse Effect; or any material lease or agreement pursuant to which any such Borrower, any Subsidiary of its Subsidiaries any Borrower or any Guarantor other Loan Party leases, uses or occupies any Property shall be canceled or terminated prior to the expiration of its stated term, except any such lease or agreement the cancellation or termination of which could not reasonably be expected to have a Material Adverse Effect; or any material portion of the Collateral shall be taken through condemnation or the value of such Property shall be materially impaired through condemnation, except for any such condemnation that would not which taking or impairment could reasonably be expected to have a Material Adverse Effect.

Business Disruption; Condemnation. There shall occur a cessation of a substantial part of the business of Borrowers and their any Borrower, any of its Subsidiaries (taken as a whole) or any Guarantor for a period which materially adversely affects the such Borrower's, such Subsidiary's or such Guarantor's capacity of Borrowers and their Subsidiaries to continue their its business on a profitable basis; or any Borrower, any of its Subsidiaries or any Guarantor shall suffer the loss or revocation of any material license or permit now held or hereafter acquired by such Borrower, such Subsidiary or such Guarantor which is necessary to the continued or lawful operation of a material portion of the business of Borrowers and their Subsidiaries (taken as a whole)its business; or any Borrower, any of its Subsidiaries or any Guarantor shall be enjoined, restrained or in any way prevented by court, governmental or administrative order from conducting all or any material part of the its business affairs of Borrowers and their Subsidiaries (taken as a whole)affairs; or any material lease or agreement pursuant to which any Borrower, any of its Subsidiaries or any Guarantor leases, uses or occupies any Property shall be canceled or terminated prior to the expiration of its stated term, except any such lease or agreement the cancellation or termination of which could not reasonably be expected to have a Material Adverse Effect; or any material portion of the Collateral shall be taken through condemnation or the value of such Property shall be materially impaired through condemnation, except for any such condemnation that would not reasonably be expected to have a Material Adverse Effect.

Business Disruption; Condemnation. There shall --------------------------------- occur a cessation of a substantial part of the business of Borrowers and their Subsidiaries (taken as a whole) any Borrower, any Subsidiary or any Guarantor for a period which materially adversely affects the such Borrower's, such Subsidiary's or such Guarantor's capacity of Borrowers and their Subsidiaries to continue their its business on a profitable basis; or any Borrower, any of its Subsidiaries Subsidiary or any Guarantor shall suffer the loss or revocation of any material license or permit now held or hereafter acquired by such Borrower, such Subsidiary or such Guarantor which is necessary to the continued or lawful operation of a material portion of the business of Borrowers and their Subsidiaries (taken as a whole)its business; or any Borrower, any of its Subsidiaries Subsidiary or any Guarantor shall be enjoined, restrained or in any way prevented by court, governmental or administrative order from conducting all or any material part of the its business affairs of Borrowers and their Subsidiaries (taken as a whole)affairs; or any material lease or agreement pursuant to which any Borrower, any of its Subsidiaries Subsidiary or any Guarantor leases, uses or occupies any Property shall be canceled or terminated prior to the expiration of its stated term, except any such lease or agreement the cancellation or termination of which could not reasonably be expected to have a Material Adverse Effect; or any material portion of the Collateral shall be taken through condemnation or the value of such Property shall be materially impaired through condemnation, except for any such condemnation that would not reasonably be expected to have a Material Adverse Effect.

Business Disruption; Condemnation. There shall occur a cessation of a substantial part of the business of Borrowers and their Subsidiaries (taken as a whole) any Obligor for a period which materially adversely affects the capacity of Borrowers and their Subsidiaries could be reasonably expected to continue their business on have a profitable basisMaterial Adverse Effect; or any Borrower, any of its Subsidiaries or any Guarantor Obligor shall suffer the loss loss, revocation or revocation termination of any material license (including any Licensing Agreement), permit or permit other Material Contract now held or hereafter acquired by such BorrowerObligor, such Subsidiary or such Guarantor which is necessary to the continued extent that such loss or lawful operation of revocation could be reasonably expected to have a material portion of the business of Borrowers and their Subsidiaries (taken as a whole)Material Adverse Effect; or any Borrower, any of its Subsidiaries or any Guarantor Obligor shall be enjoined, restrained or in any way prevented by court, governmental or administrative order from conducting all or any material part of the its business affairs of Borrowers and their Subsidiaries (taken as a whole)affairs; or any material lease or agreement pursuant to which any Borrower, any of its Subsidiaries or any Guarantor leases, uses Obligor leases or occupies any Property premises on which Collateral is located shall be canceled or terminated prior to the expiration of its stated term, except any term and such lease or agreement the cancellation or termination of which could not be reasonably be expected expect to have a Material Adverse EffectEffect or results in an Out-of-Formula Condition; or any material portion part of the Collateral shall be taken through condemnation or the value of such Property shall be materially impaired through condemnation, except ; or the loss by a Borrower of a material part of the business of any customer of such Borrower which will be deemed material if such loss accounted for any more than 15% of the aggregate sales of such condemnation that would not reasonably be expected Borrower during the Fiscal Year ending prior to have a Material Adverse Effectsuch loss.

Business Disruption; Condemnation. There shall occur a cessation of a substantial part of the business of Borrowers and their Subsidiaries (taken as a whole) Borrower, any Subsidiary of any Borrower or Parent for a period which materially adversely affects the such Borrower's, such Subsidiary's or Parent's, in each case taken as a whole, capacity of Borrowers and their Subsidiaries to continue their its business on a profitable basis; or any Borrower, any Subsidiary of its Subsidiaries any Borrower or any Guarantor Parent shall suffer the loss or revocation of any material license or permit now held or hereafter acquired by such any Borrower, such any Subsidiary of any Borrower or such Guarantor Parent which is necessary to the continued or lawful operation of its business and such loss or revocation has or evidences a material portion of the business of Borrowers and their Subsidiaries (taken as a whole)Material Adverse Effect; or any Borrower, any Subsidiary of its Subsidiaries any Borrower or any Guarantor Parent shall be enjoined, restrained or in any way prevented by court, governmental or administrative order from conducting all or any material part of the its business affairs of Borrowers and their Subsidiaries (taken as such injunction or restraint has or evidences a whole)Material Adverse Effect; or any material lease or agreement pursuant to which any Borrower, any Subsidiary of its Subsidiaries any Borrower or any Guarantor Parent leases, uses or occupies any Property shall be canceled or terminated prior to the expiration of its stated term, except any such lease or agreement the cancellation or termination of which could not reasonably be expected to have a Material Adverse Effect; or any material portion of the Collateral shall be taken through condemnation or the value of such Property shall be materially impaired through condemnation, except for any condemnation and such condemnation that would not reasonably be expected to have has or evidences a Material Adverse Effect.

Business Disruption; Condemnation. There shall occur a cessation of a substantial part of the business of Borrowers and their Subsidiaries (taken as a whole) any Borrower, any Restricted Subsidiary or any Guarantor for a period which materially adversely affects the such Borrower's, such Restricted Subsidiary's or such Guarantor's capacity of Borrowers and their Subsidiaries to continue their its business on a profitable basis; or any Borrower, any of its Subsidiaries Restricted Subsidiary or any Guarantor shall suffer the loss or revocation of any material license or permit now held or hereafter acquired by such Borrower, such Restricted Subsidiary or such Guarantor which is necessary to the continued or lawful operation of a material portion of the business of Borrowers and their Subsidiaries (taken as a whole)its business; or any Borrower, any of its Subsidiaries Restricted Subsidiary or any Guarantor shall be enjoined, restrained or in any way prevented by court, governmental or administrative order from conducting all or any material part of the its business affairs of Borrowers and their Subsidiaries (taken as a whole)affairs; or any material lease or agreement pursuant to which any Borrower, any of its Subsidiaries Restricted Subsidiary or any Guarantor leases, uses or occupies any Property shall be canceled or terminated prior to the expiration of its stated term, except any such lease or agreement the cancellation or termination of which could not reasonably be expected to have a Material Adverse Effect; or any material portion of the Collateral shall be taken through condemnation or the value of such Property shall be materially impaired through condemnation, except for any such condemnation that would not reasonably be expected to have a Material Adverse Effect.

Business Disruption; Condemnation. There shall occur a cessation of a substantial part of the business of Borrowers and their Subsidiaries (taken as a whole) Borrower, any Subsidiary of Borrower or any Guarantor for a period which materially adversely affects the Borrower's, such Subsidiary's or such Guarantor's capacity of Borrowers and their Subsidiaries to continue their its business on a profitable basis; or any Borrower, any Subsidiary of its Subsidiaries Borrower or any Guarantor shall suffer the loss or revocation of any material license or permit now held or hereafter acquired by such Borrower, such any Subsidiary of Borrower or such any Guarantor which is necessary to the continued or lawful operation of a material portion of the business of Borrowers and their Subsidiaries (taken as a whole)its business; or any Borrower, any Subsidiary of its Subsidiaries Borrower or any Guarantor shall be enjoined, restrained or in any way prevented by court, governmental or administrative order from conducting all or any material part of the its business affairs of Borrowers and their Subsidiaries (taken as a whole)affairs; or any material lease or agreement pursuant to which any Borrower, any Subsidiary of its Subsidiaries Borrower or any Guarantor leases, uses or occupies any Property shall be canceled or terminated prior to the expiration of its stated term, except any such lease or agreement the cancellation or termination of which could would not reasonably be expected to have a Material Adverse Effect; or any material portion of the Collateral shall be taken through condemnation or the value of such Property shall be materially impaired through condemnation, except for any such condemnation that would not reasonably be expected to have a Material Adverse Effect.

Business Disruption; Condemnation. There shall occur a cessation of a substantial part of the business of Borrowers and their Subsidiaries (taken as any Borrower, any Subsidiary of any Borrower or any other Guarantor which could reasonably be expected to have a whole) for a period which materially adversely affects the capacity of Borrowers and their Subsidiaries to continue their business on a profitable basis; Material Adverse Effect, or any Borrower, any Subsidiary of its Subsidiaries any Borrower or any other Guarantor shall suffer the loss or revocation of any material license or permit now held or hereafter acquired by such Borrower, such any Subsidiary of any Borrower or such any other Guarantor which is necessary to the continued or lawful operation of a material portion of the business of Borrowers and their Subsidiaries (taken as a whole)its business; or any Borrower, any Subsidiary of its Subsidiaries any Borrower or any other Guarantor shall be enjoined, restrained or in any way prevented by court, governmental or administrative order from conducting all or any material part of the its business affairs of Borrowers and their Subsidiaries (taken as a whole)affairs; or any material lease or agreement pursuant to which any Borrower, any Subsidiary of its Subsidiaries any Borrower or any other Guarantor leases, uses or occupies any Property shall be canceled or terminated prior to the expiration of its stated term, except any such lease or agreement the cancellation or termination of which could not reasonably be expected to have a Material Adverse Effect; or any material portion of the Collateral shall be taken through condemnation or the value of such Property shall be materially impaired through condemnation, except for any such condemnation that would not reasonably be expected to have a Material Adverse Effect.

Business Disruption; Condemnation. (i) There shall occur a cessation of a substantial part of the business of Borrowers and their Subsidiaries (taken as a whole) any Borrower or any Subsidiary of any Borrower for a period which materially adversely affects the capacity of Borrowers Borrowers’ and their Subsidiaries Subsidiaries’ capacity, taken as a whole, to continue their business on a profitable basis; or (ii) any Borrower, any of its Subsidiaries Borrower or any Guarantor Subsidiary of any Borrower shall suffer the loss or revocation of any material license or permit now held or hereafter acquired by such Borrower, such any Borrower or any Subsidiary or such Guarantor of any Borrower which is necessary to the continued or lawful operation of its business if such loss or revocation could reasonably be expected to have a material portion of the business of Borrowers and their Subsidiaries (taken as a whole)Material Adverse Effect; or (iii) any Borrower, any of its Subsidiaries Borrower or any Guarantor Subsidiary of any Borrower shall be enjoined, restrained or in any way prevented by court, governmental or administrative order from conducting all or any material part of the its business affairs of Borrowers affairs, which injunction, restraint or prevention materially adversely affects Borrowers’ and their Subsidiaries (Subsidiaries’ capacity, taken as a whole), to continue their business on a profitable basis; or (iv) any material lease or agreement pursuant to which any Borrower, any of its Subsidiaries Borrower or any Guarantor leasesSubsidiary of any Borrower, uses or occupies any Property shall be canceled or terminated prior to the expiration of its stated term, except any such lease or agreement the cancellation or termination of which could not reasonably be expected to have a Material Adverse Effect; or (v) any material portion of the Collateral shall be taken through condemnation or the value of such Property material portion of the Collateral shall be materially impaired through condemnation, except for any such condemnation that would not reasonably be expected to have a Material Adverse Effect.

Business Disruption; Condemnation. There shall occur a cessation of a substantial part of the business of any Borrower, any Subsidiary of Borrowers and their Subsidiaries (taken as a whole) or any Guarantor for a period which materially adversely affects the such Borrower's, such Subsidiary's or such Guarantor's capacity of Borrowers and their Subsidiaries to continue their its business on a profitable basis; or any Borrower, any Subsidiary of its Subsidiaries Borrowers or any Guarantor shall suffer the loss or revocation of any material license or permit now held or hereafter acquired by such any Borrower, such any Subsidiary of Borrowers or such any Guarantor which is necessary to the continued or lawful operation of a material portion of the business of Borrowers and their Subsidiaries (taken as a whole)its business; or any Borrower, any Subsidiary of its Subsidiaries Borrowers or any Guarantor shall be enjoined, restrained or in any way prevented by court, governmental or administrative order from conducting all or any material part of the its business affairs of Borrowers and their Subsidiaries (taken as a whole)affairs; or any material lease or agreement pursuant to which any Borrower, any Subsidiary of its Subsidiaries Borrowers or any Guarantor leases, uses or occupies any Property shall be canceled or terminated prior to the expiration of its stated term, except any such lease or agreement the cancellation or termination of which could would not reasonably be expected to have a Material Adverse Effect; or any material portion of the Collateral shall be taken through condemnation or the value of such Property shall be materially impaired through condemnation, except for any such condemnation that would not reasonably be expected to have a Material Adverse Effect.

Business Disruption; Condemnation. There shall occur a cessation of a substantial part of the business of Borrowers and their Subsidiaries (taken as a whole) any Borrower or any Subsidiary of any Borrower for a period which materially adversely affects the capacity of Borrowers Borrowers’ and their Subsidiaries Subsidiaries’, taken as a whole, capacity to continue their business on a profitable basis; or any Borrower, any of its Subsidiaries Borrower or any Guarantor Subsidiary of any Borrower shall suffer the loss or revocation of any material license or permit now held or hereafter acquired by such Borrower, Borrower or such Subsidiary or such Guarantor which is necessary to the continued or lawful operation of its business and any such loss or revocation would reasonably be expected to have a material portion of the business of Borrowers and their Subsidiaries (taken as a whole)Material Adverse Effect; or any Borrower, any of its Subsidiaries Borrower or any Guarantor Subsidiary of any Borrower shall be enjoined, restrained or in any way prevented by court, governmental or administrative order from conducting all or any material part of the its business affairs of Borrowers and their Subsidiaries (taken as any such action would reasonably be expected to have a whole)Material Adverse Effect; or any material lease or agreement pursuant to which any Borrower, any of its Subsidiaries Borrower or any Guarantor Subsidiary of any Borrower leases, uses or occupies any Property shall be canceled or terminated prior to the expiration of its stated term, except any such lease or agreement the cancellation or termination of which could would not reasonably be expected to have a Material Adverse Effect; or any material portion of the Collateral shall be taken through condemnation or the value of such Property shall be materially impaired through condemnation, except for any such condemnation that would not reasonably be expected to have a Material Adverse Effect.

Business Disruption; Condemnation. There shall occur a cessation of a substantial part of the business of Borrowers and their Subsidiaries (taken as a whole) any Borrower, any Subsidiary of any Borrower or any Guarantor for a period which materially adversely affects the capacity of Borrowers Borrowers' and their Subsidiaries Subsidiaries', taken as a whole, or such Guarantor's (if such Guarantor is not a Subsidiary of a Borrower) capacity to continue their its business on a profitable basis; or any Borrower, any Subsidiary of its Subsidiaries any Borrower or any Guarantor shall suffer the loss or revocation of any material license or permit now held or hereafter acquired by such Borrower, such Subsidiary or such Guarantor which is necessary to the continued or lawful operation of a material portion of the business of Borrowers and their Subsidiaries (taken as a whole)its business; or any Borrower, any Subsidiary of its Subsidiaries any Borrower or any Guarantor shall be enjoined, restrained or in any way prevented by court, governmental or administrative order from conducting all or any material part of the its business affairs of Borrowers and their Subsidiaries (taken as a whole)affairs; or any material lease or agreement pursuant to which any Borrower, any Subsidiary of its Subsidiaries any Borrower or any Guarantor leases, uses or occupies any Property shall be canceled or terminated prior to the expiration of its stated term, except any such lease or agreement the cancellation or termination of which could would not reasonably be expected to have a Material Adverse Effect; or any material portion of the Collateral shall be taken through condemnation or the value of such Property shall be materially impaired through condemnation, except for any such condemnation that would not reasonably be expected to have a Material Adverse Effect.

Business Disruption; Condemnation. There shall occur a cessation of a substantial part of the business of Borrowers and their Subsidiaries (taken as a whole) either Borrower, any Subsidiary of either Borrower or any other Guarantor for a period which materially adversely affects the Borrowers’ capacity of Borrowers and their Subsidiaries taken as a whole to continue their business on a profitable basisbasis having regard to any proceeds of business interruption insurance and such other factors as are material in the circumstances; or any either Borrower, any Subsidiary of its Subsidiaries either Borrower or any other Guarantor shall suffer the loss or revocation of any material license or permit now held or hereafter acquired by such Borrower, such Subsidiary or such any other Guarantor which is necessary to the continued or lawful operation of its business and such loss or revocation has a material portion of the business of Borrowers and their Subsidiaries (taken as a whole)Material Adverse Effect; or any either Borrower, any Subsidiary of its Subsidiaries either Borrower or any other Guarantor shall be enjoined, restrained or in any way prevented by court, governmental or administrative order from conducting all or any material part of the its business affairs of Borrowers and their Subsidiaries (taken as such enjoining, restraining or preventing has a whole)Material Adverse Effect; or any material lease or agreement pursuant to which any either Borrower, any Subsidiary of its Subsidiaries either Borrower or any other Guarantor leases, uses or occupies any Property shall be canceled or terminated prior to the expiration of its stated term, except any such lease or agreement the cancellation or termination of which could not reasonably be expected to have a Material Adverse Effect; or any material portion of the Collateral shall be taken through expropriation or condemnation or the value of such Property shall be materially impaired through expropriation or condemnation, except for any where such expropriation or condemnation that would could not reasonably be expected to have a Material Adverse Effect.

Business Disruption; Condemnation. There shall occur a cessation of a substantial part of the business of Borrowers and their Subsidiaries (taken as a whole) Borrower, any Subsidiary of Borrower or any Guarantor for a period which materially adversely affects the capacity of Borrowers the Borrower and their Subsidiaries its Subsidiaries, taken as a whole, to continue their its business on a profitable basis; or any Borrower, any Subsidiary of its Subsidiaries Borrower or any Guarantor shall suffer the loss or revocation of any material license or permit now held or hereafter acquired by such Borrower, such any Subsidiary of Borrower or such any Guarantor which is necessary to the continued or lawful operation of a material portion of the business of Borrowers and their Subsidiaries (taken as a whole)its business; or any Borrower, any Subsidiary of its Subsidiaries Borrower or any Guarantor shall be enjoined, restrained or in any way prevented by court, governmental or administrative order from conducting all or any material part of the its business affairs of Borrowers and their Subsidiaries (taken as a whole)affairs; or any material lease or agreement pursuant to which any Borrower, any Subsidiary of its Subsidiaries Borrower or any Guarantor leases, uses or occupies any Property shall be canceled or terminated prior to the expiration of its stated term, except any such lease or agreement the cancellation or termination of which could would not reasonably be expected to have a Material Adverse Effect; or any material portion of the Collateral shall be taken through condemnation or the value of such Property shall be materially impaired through condemnation, except for any such condemnation that would not reasonably be expected to have a Material Adverse Effect.

Business Disruption; Condemnation. There shall occur a cessation of a substantial part of the business of Borrowers and their any Borrower, any of its Subsidiaries (taken as a whole) or any Guarantor for a period which materially adversely affects the such Borrower’s, such Subsidiary’s or such Guarantor’s capacity of Borrowers and their Subsidiaries to continue their its business on a profitable basis; or Wabash’s common stock is no longer traded on the New York Stock Exchange, Nasdaq Stock Market or any other United States national securities exchange; or any Borrower, any of its Subsidiaries or any Guarantor shall suffer the loss or revocation of any material license or permit now held or hereafter acquired by such Borrower, such Subsidiary or such Guarantor which is necessary to the continued or lawful operation of a material portion of the business of Borrowers and their Subsidiaries (taken as a whole)its business; or any Borrower, any of its Subsidiaries or any Guarantor shall be enjoined, restrained or in any way prevented by court, governmental or administrative order from conducting all or any material part of the its business affairs of Borrowers and their Subsidiaries (taken as a whole)affairs; or any material lease or agreement pursuant to which any Borrower, any of its Subsidiaries or any Guarantor leases, uses or occupies any Property shall be canceled or terminated prior to the expiration of its stated term, except any such lease or agreement the cancellation or termination of which could not reasonably be expected to have a Material Adverse Effect; or any material portion of the Collateral shall be taken through condemnation or the value of such Property shall be materially impaired through condemnation, except for any such condemnation that would not reasonably be expected to have a Material Adverse Effect.

Business Disruption; Condemnation. There shall occur a --------------------------------- cessation of a substantial part of the business of Borrowers and their Subsidiaries (taken as a whole) Borrower, any Subsidiary of Borrower or any Guarantor for a period which materially adversely affects the Borrower's, such Subsidiary's or such Guarantor's capacity of Borrowers and their Subsidiaries to continue their its business on a profitable basis; or any Borrower, any Subsidiary of its Subsidiaries Borrower or any Guarantor shall suffer the loss or revocation of any material license or permit now held or hereafter acquired by such Borrower, such any Subsidiary of Borrower or such any Guarantor which is necessary to the continued or lawful operation of a material portion of the business of Borrowers and their Subsidiaries (taken as a whole)its business; or any Borrower, any Subsidiary of its Subsidiaries Borrower or any Guarantor shall be enjoined, restrained or in any way prevented by court, governmental or administrative order from conducting all or any material part of the its business affairs of Borrowers and their Subsidiaries (taken as a whole)affairs; or any material lease or agreement pursuant to which any Borrower, any Subsidiary of its Subsidiaries Borrower or any Guarantor leases, uses or occupies any Property shall be canceled or terminated prior to the expiration of its stated term, except any such lease or agreement the cancellation or termination of which could would not reasonably be expected to have a Material Adverse Effect; or any material portion of the Collateral shall be taken through condemnation or the value of such Property shall be materially impaired through condemnation, except for any such condemnation that would not reasonably be expected to have a Material Adverse Effect.

Business Disruption; Condemnation. There shall occur a cessation of a substantial part of the business of Borrowers and their Subsidiaries (taken as a whole) Borrower or any Subsidiary of Borrower for a period which materially and adversely affects the capacity ability of Borrowers Borrower and their its Subsidiaries capacity, taken as a whole, to continue their business businesses on a profitable basisbasis as contemplated by the Final Budget; or any Borrower, any of its Subsidiaries Borrower or any Guarantor Subsidiary of Borrower shall suffer the loss or revocation of any material license or permit now held or hereafter acquired by such Borrower or any Subsidiary of Borrower, such Subsidiary the loss or such Guarantor revocation of which is necessary could reasonably be expected to the continued or lawful operation of have a material portion of the business of Borrowers and their Subsidiaries (taken as a whole)Material Adverse Effect; or any Borrower, any of Borrower and its Subsidiaries or any Guarantor shall be enjoined, restrained or in any way prevented by court, governmental or administrative order from conducting all or any material part of the business affairs of Borrowers Borrower and their Subsidiaries (its Subsidiaries, taken as a whole); or any material lease or agreement pursuant to which any Borrower, any of its Subsidiaries Borrower or any Guarantor Subsidiary of Borrower leases, uses or occupies any Property shall be canceled or terminated prior to the expiration of its stated term, except other than any such lease or agreement the cancellation or termination of which could not reasonably be expected to have a Material Adverse Effect; or any material portion of the Collateral shall be taken through condemnation or the value of such Property shall be materially impaired through condemnation, except for any such condemnation that would not reasonably be expected to have a Material Adverse Effect.

Business Disruption; Condemnation. There shall occur a cessation of a substantial part of the business of Borrowers and their Subsidiaries (taken as a whole) any Borrower, any Subsidiary of any Borrower or any Guarantor for a period which materially adversely affects the capacity of Borrowers and their Subsidiaries to continue their business on results in a profitable basisMaterial Adverse Effect; or any Borrower, any Subsidiary of its Subsidiaries any Borrower or any Guarantor shall suffer the loss or revocation of any material license or permit now held or hereafter acquired by such any Borrower, such any Subsidiary of any Borrower or such any Guarantor which is necessary to the continued loss or lawful operation of revocation results in a material portion of the business of Borrowers and their Subsidiaries (taken as a whole)Material Adverse Effect; or any Borrower, any Subsidiary of its Subsidiaries any Borrower or any Guarantor shall be enjoined, restrained or in any way prevented by court, governmental or administrative order from conducting all or any material part of the its business affairs of Borrowers and their Subsidiaries (taken as a whole)affairs; or any material lease or agreement pursuant to which any Borrower, any Subsidiary of its Subsidiaries any Borrower or any Guarantor leases, uses or occupies any Property shall be canceled or terminated prior to the expiration of its stated term, except any such lease or agreement the cancellation or termination of which could not reasonably be expected to have a Material Adverse Effect; or any material portion of the Collateral shall be taken through condemnation or the value of such Property shall be materially impaired through condemnation, except for any such condemnation that would not reasonably be expected to have a Material Adverse Effect.

Business Disruption; Condemnation. There shall occur a cessation of a substantial part of the business of Borrowers and their Subsidiaries (taken as a whole) any Borrower or any Subsidiary of any Borrower for a period which materially adversely affects the capacity of Borrowers Borrowers' and their Subsidiaries Subsidiaries', taken as a whole, capacity to continue their business on a profitable basis; or any Borrower, any of its Subsidiaries Borrower or any Guarantor Subsidiary of any Borrower shall suffer the loss or revocation of any material license or permit now held or hereafter acquired by such Borrower, Borrower or such Subsidiary or such Guarantor which is necessary to the continued or lawful operation of its business and any such loss or revocation would reasonably be expected to have a material portion of the business of Borrowers and their Subsidiaries (taken as a whole)Material Adverse Effect; or any Borrower, any of its Subsidiaries Borrower or any Guarantor Subsidiary of any Borrower shall be enjoined, restrained or in any way prevented by court, governmental or administrative order from conducting all or any material part of the its business affairs of Borrowers and their Subsidiaries (taken as any such action would reasonably be expected to have a whole)Material Adverse Effect; or any material lease or agreement pursuant to which any Borrower, any of its Subsidiaries Borrower or any Guarantor Subsidiary of any Borrower leases, uses or occupies any Property shall be canceled or terminated prior to the expiration of its stated term, except any such lease or agreement the cancellation or termination of which could would not reasonably be expected to have a Material Adverse Effect; or any material portion of the Collateral shall be taken through condemnation or the value of such Property shall be materially impaired through condemnation, except for any such condemnation that would not reasonably be expected to have a Material Adverse Effect.

Business Disruption; Condemnation. (i) There shall occur a cessation of a substantial part of the business of Borrowers and their Subsidiaries (taken as a whole) any Credit Party or any Subsidiary of any Credit Party for a period which materially adversely affects the capacity of Borrowers Credit Parties’ and their Subsidiaries Subsidiaries’ capacity, taken as a whole, to continue their business on a profitable basis; or (ii) any Borrower, any of its Subsidiaries Credit Party or any Guarantor Subsidiary of any Credit Party shall suffer the loss or revocation of any material license or permit now held or hereafter acquired by such Borrower, such any Credit Party or any Subsidiary or such Guarantor of any Credit Party which is necessary to the continued or lawful operation of its business if such loss or revocation could reasonably be expected to have a material portion of the business of Borrowers and their Subsidiaries (taken as a whole)Material Adverse Effect; or (iii) any Borrower, any of its Subsidiaries Credit Party or any Guarantor Subsidiary of any Credit Party shall be enjoined, restrained or in any way prevented by court, governmental or administrative order from conducting all or any material part of the its business affairs of Borrowers which injunction, restraint or prevention materially adversely affects Credit Parties’ and their Subsidiaries (Subsidiaries’ capacity, taken as a whole), to continue their business on a profitable basis; or (iv) any material lease or agreement pursuant to which any Borrower, any of its Subsidiaries Credit Party or any Guarantor leasesSubsidiary of any Credit Party, uses or occupies any Property shall be canceled or terminated prior to the expiration of its stated term, except any such lease or agreement the cancellation or termination of which could not reasonably be expected to have a Material Adverse Effect; or (v) any material portion of the Collateral shall be taken through condemnation or the value of such Property material portion of the Collateral shall be materially impaired through condemnation, except for any such condemnation that would not reasonably be expected to have a Material Adverse Effect.

Business Disruption; Condemnation. There shall occur a cessation of a substantial part of the business of Borrowers and their Subsidiaries (taken as any Borrower, any Subsidiary of any Borrower or any other Guarantor which could reasonably be expected to have a whole) for a period which materially adversely affects the capacity of Borrowers and their Subsidiaries to continue their business on a profitable basis; Material Adverse Effect, or any Borrower, any Subsidiary of its Subsidiaries any Borrower or any other Guarantor shall suffer the loss or revocation of any material license or permit now held or hereafter acquired by such Borrower, such any Subsidiary of any Borrower or such any other Guarantor which is necessary to the continued or lawful operation of a material portion of the business of Borrowers and their Subsidiaries (taken as a whole)its business; or any Borrower, any Subsidiary of its Subsidiaries any Borrower or any other Guarantor shall be enjoined, restrained or in any way prevented by court, governmental or administrative order from conducting all or any material part of the its business affairs of Borrowers and their Subsidiaries (taken as a whole)affairs; or any material lease or agreement pursuant to which any Borrower, any Subsidiary of its Subsidiaries any Borrower or any other Guarantor leases, uses or occupies any Property shall be canceled or terminated prior to the expiration of its stated term, except any such lease or agreement the cancellation or termination of which could not reasonably be expected to have a Material Adverse Effect; or any material portion of the Collateral shall be taken through condemnation or the value of such Property shall be materially impaired through condemnation, except for any such condemnation that would not reasonably be expected to have a Material Adverse Effect.. 10.1.10

Business Disruption; Condemnation. There shall occur a cessation of a substantial part of the business of any Borrower, any Subsidiary of Borrowers and their Subsidiaries (taken as a whole) or any Guarantor for a period which materially adversely affects the such Borrower’s, such Subsidiary’s or such Guarantor’s capacity of Borrowers and their Subsidiaries to continue their its business on a profitable basis; or any Borrower, any Subsidiary of its Subsidiaries Borrowers or any Guarantor shall suffer the loss or revocation of any material license or permit now held or hereafter acquired by such any Borrower, such any Subsidiary of Borrowers or such any Guarantor which is necessary to the continued or lawful operation of a material portion of the business of Borrowers and their Subsidiaries (taken as a whole)its business; or any Borrower, any Subsidiary of its Subsidiaries Borrowers or any Guarantor shall be enjoined, restrained or in any way prevented by court, governmental or administrative order from conducting all or any material part of the its business affairs of Borrowers and their Subsidiaries (taken as a whole)affairs; or any material lease or agreement pursuant to which any Borrower, any Subsidiary of its Subsidiaries Borrowers or any Guarantor leases, uses or occupies any Property shall be canceled or terminated prior to the expiration of its stated term, except any such lease or agreement the cancellation or termination of which could would not reasonably be expected to have a Material Adverse Effect; or any material portion of the Collateral shall be taken through condemnation or the value of such Property shall be materially impaired through condemnation, except for any such condemnation that would not reasonably be expected to have a Material Adverse Effect.

Business Disruption; Condemnation. There shall occur a cessation of a substantial part of the business of Borrowers and their Subsidiaries (taken as a whole) any Obligor for a period which materially adversely affects the capacity of Borrowers and their Subsidiaries may be reasonably expected to continue their business on have a profitable basisMaterial Adverse Effect; or any Borrower, any of its Subsidiaries or any Guarantor Obligor shall suffer the loss or revocation of any material license or permit now held or hereafter acquired by such Borrower, such Subsidiary or such Guarantor Obligor which is necessary to the continued or lawful operation of a material portion of the business of Borrowers and their Subsidiaries (taken as a whole)its business; or any Borrower, any of its Subsidiaries or any Guarantor Obligor shall be enjoined, restrained or in any way prevented by court, governmental or administrative order from conducting all or any material part of the its business affairs of Borrowers and their Subsidiaries (taken as a whole)affairs; or any material lease or agreement pursuant to which any Borrower, any of its Subsidiaries or any Guarantor leases, uses Obligor leases or occupies any Property premises on which any Collateral is located shall be canceled or terminated prior to the expiration of its stated term, except any term and such lease or agreement the cancellation or termination of which could not reasonably be expected to have has a Material Adverse EffectEffect or results in an Out-of-Formula Condition; or any material portion part of the Collateral shall be taken through condemnation or the value of such Property Collateral shall be materially impaired through condemnation. Change of Ownership. New Parent shall cease to own beneficially and of record at least 100% of the Equity Interest of PNA and PropertyCo (except to the extent that PropertyCo is released as an Obligor under the Credit Documents upon the satisfaction of the PropCo Release Conditions as determined by Administrative Agent); PNA shall cease to own beneficially and of record at least 100% of the Equity Interests of Infra-Metals, except for any such condemnation that would not reasonably be expected Feralloy, Delta GP and Delta LP; Delta GP and Delta LP shall cease to have a Material Adverse Effectown beneficially and of record at least 100% of the Equity Interests of Delta Steel; or Delta Steel shall cease to own beneficially and of record at least 100% of the Equity Interests of Xxxxx and Delnor.

Business Disruption; Condemnation. There shall occur a --------------------------------- cessation of a substantial part of the business of Borrowers and their Subsidiaries (taken as a whole) any Borrower, any Subsidiary or any Guarantor for a period which materially adversely affects the such Borrower's, such Subsidiary's or such Guarantor's capacity of Borrowers and their Subsidiaries to continue their its business on a profitable basis; or any Borrower, any of its Subsidiaries Subsidiary or any Guarantor shall suffer the loss or revocation of any material license or permit now held or hereafter acquired by such Borrower, such Subsidiary or such Guarantor which is necessary to the continued or lawful operation of a material portion of the business of Borrowers and their Subsidiaries (taken as a whole)its business; or any Borrower, any of its Subsidiaries Subsidiary or any Guarantor shall be enjoined, restrained or in any way prevented by court, governmental or administrative order from conducting all or any material part of the its business affairs of Borrowers and their Subsidiaries (taken as a whole)affairs; or any material lease or agreement pursuant to which any Borrower, any of its Subsidiaries Subsidiary or any Guarantor leases, uses or occupies any Property shall be canceled or terminated prior to the expiration of its stated term, except any such lease or agreement the cancellation or termination of which could not reasonably be expected to have a Material Adverse Effect; or any material portion of the Collateral shall be taken through condemnation or the value of such Property shall be materially impaired through condemnation, except for any such condemnation that would not reasonably be expected to have a Material Adverse Effect.

Business Disruption; Condemnation. There shall occur a cessation of a substantial part of the business of Borrowers and their Subsidiaries (taken as a whole) any Borrower, any Subsidiary of any Borrower or any other Guarantor for a period which materially adversely affects the such Borrower’s, such Subsidiary’s or such Guarantor’s capacity of Borrowers and their Subsidiaries to continue their its business on a profitable basis; or any Borrower, any Subsidiary of its Subsidiaries any Borrower or any other Guarantor shall suffer the loss or revocation of any material license or permit now held or hereafter acquired by such any Borrower, such any Subsidiary of any Borrower or such any other Guarantor which is necessary to the continued or lawful operation of a material portion of the business of Borrowers and their Subsidiaries (taken as a whole)its business; or any Borrower, any Subsidiary of its Subsidiaries any Borrower or any other Guarantor shall be enjoined, restrained or in any way prevented by court, governmental or administrative order from conducting all or any material part of the its business affairs of Borrowers and their Subsidiaries (taken as a whole)affairs; or any material lease or agreement pursuant to which any Borrower, any Subsidiary of its Subsidiaries any Borrower or any other Guarantor leases, uses or occupies any Property shall be canceled or terminated prior to the expiration of its stated term, except any such lease or agreement the cancellation or termination of which could not reasonably be expected to have a Material Adverse Effect; or any material portion of the Collateral shall be taken through condemnation or the value of such Property shall be materially impaired through condemnation, except for any such condemnation that would not reasonably be expected to have a Material Adverse Effect.

Business Disruption; Condemnation. There shall occur a cessation of a substantial part of the business of Borrowers any Borrower, any Restricted Subsidiary of any Borrower or any other Guarantor and their Subsidiaries (taken as such cessation of business has or would have a whole) for a period which materially adversely affects the capacity of Borrowers and their Subsidiaries to continue their business on a profitable basisMaterial Adverse Effect; or any Borrower, any Restricted Subsidiary of its Subsidiaries any Borrower or any other Guarantor shall suffer the loss or revocation of any material license or permit now held or hereafter acquired by such any Borrower, such any Restricted Subsidiary of any Borrower or such any other Guarantor which is necessary to the continued or lawful operation of its business and such loss or revocation has or would have a material portion of the business of Borrowers and their Subsidiaries (taken as a whole)Material Adverse Effect; or any Borrower, any Restricted Subsidiary of its Subsidiaries any Borrower or any other Guarantor shall be enjoined, restrained or in any way prevented by court, governmental or administrative order from conducting all or any material part of the its business affairs of Borrowers and their Subsidiaries (taken as such injunction or restraint has or would have a whole)Material Adverse Effect; or any material lease or agreement pursuant to which any Borrower, any Restricted Subsidiary of its Subsidiaries any Borrower or any other Guarantor leases, uses or occupies any Property shall be canceled or terminated prior to the expiration of its stated term, except any such lease or agreement the cancellation or termination of which could has not reasonably be expected to had or would not have a Material Adverse Effect; or any material portion of the Collateral shall be taken through condemnation or the value of such Property shall be materially impaired through condemnation, except for any condemnation and such condemnation that taking or impairment has or would not reasonably be expected to have a Material Adverse Effect.

Business Disruption; Condemnation. There shall occur a cessation of a substantial part of the business of Borrowers and their Subsidiaries (taken as a whole) Borrower, any Subsidiary of Borrower or any other Guarantor for a period which materially adversely affects the capacity of Borrowers the Borrower, or the Borrower and their its Subsidiaries taken as a whole, to continue their its business on a profitable basis; or any Borrower, any Subsidiary of its Subsidiaries Borrower or any other Guarantor shall suffer the loss or revocation of any material license or permit now held or hereafter acquired by such Borrower, such any Subsidiary of Borrower or such any other Guarantor which is necessary to the continued or lawful operation of a material portion of the business of Borrowers and their Subsidiaries (taken as a whole)its business; or any Borrower, any Subsidiary of its Subsidiaries Borrower or any other Guarantor shall be enjoined, restrained or in any way prevented by court, governmental or administrative order from conducting all or any material part of the its business affairs of Borrowers and their Subsidiaries (taken as a whole)affairs; or any material lease or agreement pursuant to which any Borrower, any Subsidiary of its Subsidiaries Borrower or any other Guarantor leases, uses or occupies any Property shall be canceled or terminated prior to the expiration of its stated term, except any such lease or agreement the cancellation or termination of which could not reasonably be expected to have a Material Adverse Effect; or any material portion of the Collateral shall be taken through condemnation or the value of such Property shall be materially impaired through condemnation, except for any such condemnation that would not reasonably be expected to have a Material Adverse Effect.