Common use of Business Disruption; Condemnation Clause in Contracts

Business Disruption; Condemnation. There shall occur any of the following, and the occurrence thereof could reasonably be expected to have a Material Adverse Effect: (i) a cessation of a substantial part of the business of any Borrower, any Subsidiary of any Borrower or any other Guarantor; (ii) any Borrower, any Subsidiary of any Borrower or any other Guarantor shall suffer the loss or revocation of any material license or permit now held or hereafter acquired by any Borrower, any Subsidiary of any Borrower or any other Guarantor which is necessary to the continued or lawful operation of its business; (iii) any Borrower, any Subsidiary of 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 its business affairs; (iv) any material lease or agreement pursuant to which any Borrower, any Subsidiary of 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; or (v) any substantial portion of the Collateral shall be taken through condemnation or the value of such Property shall be impaired through condemnation.

Appears in 1 contract

Samples: Loan and Security Agreement (Cambium Learning Group, Inc.)

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Business Disruption; Condemnation. There shall occur any of the following, and the occurrence thereof could reasonably be expected to have a Material Adverse Effect: (i) a cessation of a substantial part of the business of any a Borrower or a Subsidiary of a Borrower, any if any, for a period which has a Material Adverse Effect or could reasonable be expected to have a Material Adverse Effect on the long terms prospects of the Borrower and its Subsidiaries taken as a whole; or a Borrower or a Subsidiary of any Borrower or any other Guarantor; (ii) any a Borrower, any Subsidiary of any Borrower or any other Guarantor if any, shall suffer the loss or revocation of any material license or permit now held or hereafter acquired by any Borrower, any Subsidiary of any a Borrower or any other Guarantor such Subsidiary which is necessary to the continued or lawful operation of its businesstheir businesses, taken as a whole; (iii) any or a Borrower or a Subsidiary of a Borrower, any Subsidiary of any Borrower or any other Guarantor if any, shall be enjoined, restrained or in any way prevented by court, governmental or administrative order from conducting all or any material part of its business affairstheir businesses, taken as a whole; (iv) or any material lease or agreement pursuant to which any a Borrower or a Subsidiary of a Borrower, any Subsidiary of any Borrower or any other Guarantor if any, leases, uses or occupies any Property shall be canceled or terminated prior to the expiration of its stated term; or (v) any substantial portion part of the Collateral shall be taken through condemnation or the value of such Property shall be impaired through condemnation.

Appears in 1 contract

Samples: Loan and Security Agreement (Restoration Hardware Inc)

Business Disruption; Condemnation. There shall occur any of the following, and the occurrence thereof could reasonably be expected to have a Material Adverse Effect: (i) a --------------------------------- cessation of a substantial part of the business of any a Borrower or a Subsidiary of a Borrower, any if any, for a period which has a Material Adverse Effect or could reasonable be expected to have a Material Adverse Effect on the long terms prospects of the Borrower and its Subsidiaries taken as a whole; or a Borrower or a Subsidiary of any Borrower or any other Guarantor; (ii) any a Borrower, any Subsidiary of any Borrower or any other Guarantor if any, shall suffer the loss or revocation of any material license or permit now held or hereafter acquired by any Borrower, any Subsidiary of any a Borrower or any other Guarantor such Subsidiary which is necessary to the continued or lawful operation of its businesstheir businesses, taken as a whole; (iii) any or a Borrower or a Subsidiary of a Borrower, any Subsidiary of any Borrower or any other Guarantor if any, shall be enjoined, restrained or in any way prevented by court, governmental or administrative order from conducting all or any material part of its business affairstheir businesses, taken as a whole; (iv) or any material lease or agreement pursuant to which any a Borrower or a Subsidiary of a Borrower, any Subsidiary of any Borrower or any other Guarantor if any, leases, uses or occupies any Property shall be canceled or terminated prior to the expiration of its stated term; or (v) any substantial portion part of the Collateral shall be taken through condemnation or the value of such Property shall be impaired through condemnation.

Appears in 1 contract

Samples: Loan and Security Agreement (Restoration Hardware Inc)

Business Disruption; Condemnation. There shall occur any of the following, and the occurrence thereof could reasonably be expected to have a Material Adverse Effect: (i) a cessation of a substantial part of the business of any Parent, Borrower, any Subsidiary of any Parent or Borrower or any other Guarantor for a period which significantly affects Parent's, Borrower's or such Guarantor's capacity to continue its business, consistent with its financial position as of the Closing Date; (ii) any or Parent, Borrower, any Subsidiary of any Parent or Borrower or any other Guarantor shall suffer the loss or revocation of any material license or permit now held or hereafter acquired by any BorrowerParent, any Subsidiary of any Borrower or any other such Guarantor which is necessary to the continued or lawful operation of its business; (iii) any Borroweror Parent, any Subsidiary of 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 its business affairs; (iv) or any material lease or agreement pursuant to which any BorrowerParent, any Subsidiary of 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; or (v) any substantial portion part of the Collateral with a value individually or in the aggregate in excess of $50,000 shall be taken through condemnation or the value of such Property shall be impaired through condemnation.

Appears in 1 contract

Samples: Loan and Security Agreement (Rowecom Inc)

Business Disruption; Condemnation. There shall occur any of the following, and the occurrence thereof could reasonably be expected to have a Material Adverse Effect: (i) a cessation --------------------------------- of a substantial part of the business of any Borrower, any Subsidiary of any Borrower or any other Guarantor for a period which materially adversely affects Borrower's, such Subsidiary's or such Guarantor's capacity to continue its business on a profitable basis; (ii) any or Borrower, any Subsidiary of any Borrower or any other Guarantor shall suffer the loss or revocation of any material license or permit now held or hereafter acquired by any Borrower, any Subsidiary of any Borrower or any other Guarantor which is necessary to the continued or lawful operation of its business; (iii) any or Borrower, any Subsidiary of 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 its business affairs; (iv) or any material lease or agreement pursuant to which any Borrower, any Subsidiary of 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; or (v) any substantial material portion of the Collateral shall be taken through condemnation or the value of such Property shall be impaired through condemnation.

Appears in 1 contract

Samples: Loan and Security Agreement (Borden Chemicals & Plastics Limited Partnership /De/)

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Business Disruption; Condemnation. There shall occur any of the following, and the occurrence thereof could reasonably be expected to have a Material Adverse Effect: (i) a cessation of a substantial part of the business of any Borrower, any Subsidiary of any Borrower or any other Guarantor for a period which significantly and adversely affects Borrower's, such Subsidiary's or such Guarantor's capacity to continue its business, on a profitable basis; (ii) any or Borrower, any Subsidiary of any Borrower or any other Guarantor shall suffer the loss or revocation of any material license or permit now held or hereafter acquired by any Borrower, any such Subsidiary of any Borrower or any other such Guarantor which is necessary to the continued or lawful operation of its business; (iii) any or Borrower, any Subsidiary of 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 its business affairs; (iv) or any material lease or agreement pursuant to which any Borrower, any such Subsidiary of any Borrower or any other Guarantor leases, uses or occupies any Property shall be canceled or terminated prior 39 to the expiration of its stated term; or (v) any substantial portion material part of the Collateral shall be taken through condemnation or the value of such Property shall be impaired through condemnation.

Appears in 1 contract

Samples: Loan and Security Agreement (Color Spot Nurseries Inc)

Business Disruption; Condemnation. There shall occur any of the following, and the occurrence thereof could reasonably be expected to have a Material Adverse Effect: (i) a cessation of a substantial part of the business of any Borrower, any Subsidiary of any Borrower its Subsidiaries or any other Guarantor for a period which materially adversely affects such Borrower’s, such Subsidiary’s or such Guarantor’s capacity to continue its business on a profitable basis; (ii) or any Borrower, any Subsidiary of any Borrower its Subsidiaries or any other Guarantor shall suffer the loss or revocation of any material license or permit now held or hereafter acquired by any such Borrower, any such Subsidiary of any Borrower or any other such Guarantor which is necessary to the continued or lawful operation of its business; (iii) or any Borrower, any Subsidiary of any Borrower its Subsidiaries 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 its business affairs; (iv) or any material lease or agreement pursuant to which any Borrower, any Subsidiary of any Borrower its Subsidiaries 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 (v) any substantial material portion of the Collateral shall be taken through condemnation or the value of such Property shall be impaired through condemnation.

Appears in 1 contract

Samples: Loan and Security Agreement (Wabash National Corp /De)

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