Common use of Casualty and Condemnation Clause in Contracts

Casualty and Condemnation. The Borrower will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 20 contracts

Samples: Amended and Restated Credit Agreement (Mesa Laboratories Inc /Co/), Credit Agreement (Exactech Inc), Credit Agreement (F45 Training Holdings Inc.)

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Casualty and Condemnation. The Borrower Borrowers will furnish to the Administrative Agent, the Multicurrency Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 9 contracts

Samples: Credit Agreement (Levi Strauss & Co), Credit Agreement (Levi Strauss & Co), Joinder Agreement (Levi Strauss & Co)

Casualty and Condemnation. The Borrower will furnish to the Administrative Agent, the Collateral Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 8 contracts

Samples: Credit Agreement (United States Steel Corp), Credit Agreement (United States Steel Corp), Credit Agreement (United States Steel Corp)

Casualty and Condemnation. The Borrower will furnish to the Administrative Agent and the Lenders prompt written notice of (a) any casualty or other insured damage to any material portion Collateral with a book or fair market value of in excess of the Collateral Threshold Amount or (b) the commencement of any action or proceeding for the taking of any material portion Collateral with a book or fair market value of in excess of the Collateral Threshold Amount, or any interest therein therein, under power of eminent domain or by condemnation or similar proceeding.

Appears in 8 contracts

Samples: Credit Agreement (Potbelly Corp), Credit Agreement (Potbelly Corp), Credit Agreement (Potbelly Corp)

Casualty and Condemnation. The Borrower will furnish to the Administrative Agent and (for distribution to each Lender through the Lenders Administrative Agent) prompt written notice of any casualty or other insured damage to any material portion of the Collateral or the commencement of any action or proceeding for the taking of any material portion of or any material interest in the Collateral or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 8 contracts

Samples: Credit Agreement (Nasdaq Stock Market Inc), Credit Agreement (Nasdaq Stock Market Inc), Term Loan Credit Agreement (Nasdaq Stock Market Inc)

Casualty and Condemnation. The Borrower will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 7 contracts

Samples: Credit Agreement (Solaris Oilfield Infrastructure, Inc.), Credit Agreement (NetSpend Holdings, Inc.), Credit Agreement (Gear & Broach, Inc. C/O FastenTech, Inc.)

Casualty and Condemnation. The Each Borrower will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 5 contracts

Samples: Credit Agreement (GameStop Corp.), Credit Agreement (GameStop Corp.), Credit Agreement (Dillards Inc)

Casualty and Condemnation. (a) The Borrower will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the any Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 5 contracts

Samples: Credit Agreement (Lecroy Corp), Security Agreement (Lifetime Brands, Inc), Credit Agreement (Lifetime Brands, Inc)

Casualty and Condemnation. The Borrower will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the any Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 4 contracts

Samples: Credit Agreement (Afc Enterprises Inc), Revolving Credit Agreement (Ami Celebrity Publications, LLC), Credit Agreement (Ami Celebrity Publications, LLC)

Casualty and Condemnation. The Each Borrower will furnish to the Administrative Agent Agents and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 4 contracts

Samples: Term Loan Agreement (GameStop Corp.), Credit Agreement (Gamestop Corp), Credit Agreement (Tweeter Home Entertainment Group Inc)

Casualty and Condemnation. The Borrower Borrowers will furnish to the Administrative Agent Agents and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the Collateral or the commencement of any action or proceeding for the taking of any interest in a material portion of the Collateral or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 4 contracts

Samples: Credit Agreement (Wet Seal Inc), Credit Agreement (Wet Seal Inc), Credit Agreement (Wet Seal Inc)

Casualty and Condemnation. The Borrower will furnish to the Administrative Agent Agents and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the Collateral or the commencement of any action or proceeding for the taking of any interest in a material portion of the Collateral or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 4 contracts

Samples: Credit Agreement (Stage Stores Inc), Credit Agreement (Dri I Inc), Credit Agreement (Stage Stores Inc)

Casualty and Condemnation. The (a) Holdings or the Borrower will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the any Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 4 contracts

Samples: Credit Agreement (Advance Auto Parts Inc), Credit Agreement (Advance Auto Parts Inc), Credit Agreement (Advance Stores Co Inc)

Casualty and Condemnation. (a) The Borrower will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the any material Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 4 contracts

Samples: Credit Agreement (Argo Tech Corp), Credit Agreement (Argo Tech Corp), And Restatement Agreement (Argo Tech Corp)

Casualty and Condemnation. The Borrower will furnish to the Administrative Agent and the Lenders Lender prompt written notice of any casualty or other insured damage to any material portion of the Collateral or the commencement of any action or proceeding for the taking of any interest in a material portion of the Collateral or interest therein under power of eminent domain or by condemnation or similar proceedingCollateral.

Appears in 3 contracts

Samples: Loan Agreement (Act Teleconferencing Inc), Loan Agreement (Act Teleconferencing Inc), Loan Agreement (Act Teleconferencing Inc)

Casualty and Condemnation. The Borrower will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage (to the extent representing a loss of in excess of $1,000,000 per occurrence to any material portion of the Collateral property) or the commencement of any action or proceeding for the taking of any material portion property of the Collateral Loan Parties or interest therein (with a value in excess of $1,000,000 per action or proceeding) under power of eminent domain or by condemnation or similar proceeding.

Appears in 3 contracts

Samples: Credit Agreement (Myr Group Inc.), Credit Agreement (Myr Group Inc.), Credit Agreement (Myr Group Inc)

Casualty and Condemnation. The Each Borrower will furnish to the Administrative Agent Agents and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any material part thereof or material interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 3 contracts

Samples: Credit Agreement (Genesco Inc), Assignment and Assumption (Genesco Inc), Credit Agreement (Genesco Inc)

Casualty and Condemnation. The Borrower will furnish Furnish to the Administrative Agent Agents and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the any Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 3 contracts

Samples: First Lien Credit Agreement (Gannett Co., Inc.), Credit Agreement (Gannett Co., Inc.), First Lien Credit Agreement (Gannett Co., Inc.)

Casualty and Condemnation. The Borrower will furnish to the Administrative Agent Agents and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the any Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 3 contracts

Samples: Credit Agreement (Gannett Co., Inc.), Credit Agreement (Gannett Co., Inc.), Credit Agreement (New Fortress Energy LLC)

Casualty and Condemnation. The Borrower Each Obligor will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 3 contracts

Samples: Credit Agreement (Atrium Companies Inc), Credit Agreement (Atrium Companies Inc), Credit Agreement (Atrium Companies Inc)

Casualty and Condemnation. The Borrower will (a) furnish to the Administrative Agent and the Lenders Lender prompt written notice of any casualty or other insured damage to any material portion of the Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or interest therein under power of eminent domain or by condemnation or similar proceedingproceeding and (b) ensure that the Net Proceeds of any such event (whether in the form of insurance proceeds, condemnation awards or otherwise) are collected and applied in accordance with the applicable provisions of this Agreement and the Collateral Documents.

Appears in 3 contracts

Samples: Credit Agreement (Zoltek Companies Inc), Loan Agreement (Wanxiang Group Corp), Loan Agreement (A123 Systems, Inc.)

Casualty and Condemnation. The Lead Borrower will furnish to the Administrative Agent Agents and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the any Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 3 contracts

Samples: Credit Agreement (Petsmart Inc), Credit Agreement (Petsmart Inc), Credit Agreement (Petsmart Inc)

Casualty and Condemnation. The Parent and the Borrower will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the any Collateral or the commencement of any action or proceeding preceding for the taking of any material portion of the any Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 3 contracts

Samples: Credit Agreement (LendingTree, Inc.), Credit Agreement (LendingTree, Inc.), Credit Agreement (LendingTree, Inc.)

Casualty and Condemnation. The Borrower will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of any property owned by the Collateral Borrower or any Subsidiary or the commencement of any action or proceeding for the taking of any material portion of the Collateral such property or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceedingproceeding that in any case could have a Material Adverse Effect.

Appears in 3 contracts

Samples: Intercreditor Agreement (Acxiom Corp), Credit Agreement (Acxiom Corp), Credit Agreement (Acxiom Corp)

Casualty and Condemnation. (a) The Borrower will furnish to the Administrative Agent Agents and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the any Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 3 contracts

Samples: Credit Agreement (Leap Wireless International Inc), Credit Agreement (Leap Wireless International Inc), Collateral Agency and Intercreditor Agreement (Leap Wireless International Inc)

Casualty and Condemnation. (a) The Borrower will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the any Collateral with a value in excess of $10,000,000 or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 2 contracts

Samples: Credit Agreement (Telecorp PCS Inc /Va/), Credit Agreement (Telecorp Communications Inc)

Casualty and Condemnation. The Borrower will furnish to the Administrative Agent and the Lenders Lender prompt written notice of any casualty or other insured damage to any material portion of the Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 2 contracts

Samples: Credit and Security Agreement (Hudson Executive Investment Corp.), Credit and Security Agreement (Hudson Executive Investment Corp.)

Casualty and Condemnation. The Borrower will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion Collateral in excess of the Collateral $5,000,000 or the commencement of any action or proceeding preceding for the taking of any material portion of the any Collateral in excess of $5,000,000 or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 2 contracts

Samples: Subsidiary Guaranty Agreement (Newmarket Corp), Revolving Credit Agreement (Newmarket Corp)

Casualty and Condemnation. The Borrower will furnish to the Administrative Agent, the Collateral Agent, the Co-Collateral Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 2 contracts

Samples: Credit Agreement (United States Steel Corp), Credit Agreement (United States Steel Corp)

Casualty and Condemnation. The Each Borrower will furnish to the Administrative Agent Agents and the Lenders prompt written notice of any casualty property or other insured damage to any material portion of the Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 2 contracts

Samples: Credit Agreement (Circuit City Stores Inc), Credit Agreement (Circuit City Stores Inc)

Casualty and Condemnation. The Each Borrower will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.. Section 6.09

Appears in 2 contracts

Samples: Credit Agreement (Dillard's, Inc.), Credit Agreement (Dillard's, Inc.)

Casualty and Condemnation. The In the event that the Collateral and Guarantee Requirement has been satisfied, the Borrower (a) will furnish to the Administrative Agent and (for distribution to each Lender through the Lenders Administrative Agent) prompt written notice of any casualty or other insured damage to any material portion of the Collateral or the commencement of any action or proceeding for the taking of any material portion of or any material interest in the Collateral or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 2 contracts

Samples: Credit Agreement (Morgans Hotel Group Co.), Credit Agreement (Morgans Hotel Group Co.)

Casualty and Condemnation. The Borrower will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the any Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 2 contracts

Samples: Credit Agreement (Seagate Technology PLC), Credit Agreement (Seagate Technology)

Casualty and Condemnation. The Borrower will furnish to the Administrative Agent and the Lenders Lender prompt written notice of any casualty or other insured damage to any material portion of any assets of the Collateral Borrower or the commencement of any action or proceeding preceding for the taking of any material portion of any assets of the Collateral Borrower or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Atlantic American Corp), Revolving Credit Agreement (Atlantic American Corp)

Casualty and Condemnation. The Each Borrower will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any material part thereof or material interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 2 contracts

Samples: Credit Agreement (Genesco Inc), Credit Agreement (Genesco Inc)

Casualty and Condemnation. (a) The Borrower will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the any Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 2 contracts

Samples: Credit Agreement (Galyans Trading Co Inc), Credit Agreement (Galyans Trading Co Inc)

Casualty and Condemnation. (a) The Borrower will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the any Collateral with a fair market value in excess of $250,000 or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 2 contracts

Samples: Credit Agreement (Donjoy LLC), Credit Agreement (Lpa Services Inc)

Casualty and Condemnation. The Borrower will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the Collateral or the commencement of any legal action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar legal proceeding.

Appears in 2 contracts

Samples: Credit Agreement (Solaris Oilfield Infrastructure, Inc.), Credit Agreement (Solaris Oilfield Infrastructure, Inc.)

Casualty and Condemnation. (a) The Borrower will furnish to the Administrative Agent Agents and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the any Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 2 contracts

Samples: Credit Agreement (Winstar Communications Inc), Credit Agreement (Winstar Communications Inc)

Casualty and Condemnation. (a) The Borrower will -------------------------- furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the any Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 2 contracts

Samples: Eagle Family Foods Inc, Eagle Family Foods Inc

Casualty and Condemnation. The Borrower Borrowers will furnish to the Administrative Agent and the Lenders Lender prompt written notice of any casualty or other insured damage to any material portion of the Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or interest therein under power of eminent domain or by condemnation or similar proceeding.. SECTION 5.13

Appears in 2 contracts

Samples: Credit Agreement (Harmonic Inc), Credit Agreement (Harmonic Inc)

Casualty and Condemnation. (a) The Borrower will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the Collateral any property owned or held by or on behalf of itself or any Subsidiary or the commencement of any action or proceeding for the taking of any material portion of the Collateral property or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 2 contracts

Samples: Credit Agreement (Insight Communications Co Inc), Credit Agreement (Insight Communications Co Inc)

Casualty and Condemnation. (a) The Borrower will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the any Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 2 contracts

Samples: Guaranty Agreement (Lecroy Corp), Credit Agreement (Lecroy Corp)

Casualty and Condemnation. (a) The Borrower will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage in excess of $100,000 to any material portion of the any Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 1 contract

Samples: Credit Agreement (Phillips Van Heusen Corp /De/)

Casualty and Condemnation. The Holdings and the Borrower will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the any Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 1 contract

Samples: Credit Agreement (Triton PCS Inc)

Casualty and Condemnation. The Each Borrower will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the Collateral or 126 DB1/ 126870242.8 the commencement of any action or proceeding for the taking of any material portion of the Collateral or any material part thereof or material interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 1 contract

Samples: Credit Agreement (Genesco Inc)

Casualty and Condemnation. The Borrower will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the any Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding. All proceeds of any of the foregoing shall be promptly paid to the Administrative Agent and applied to repay the Loans and cash collateralize the LC Exposure as provided for in Section 2.10 and Section 2.04(j), respectively.

Appears in 1 contract

Samples: Credit Agreement (Purina Mills Inc/)

Casualty and Condemnation. The Borrower (a) will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the any Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceedingproceeding and (b) will ensure that the Net Proceeds of any such event (whether in the form of insurance proceeds, condemnation awards or otherwise) are collected and applied in accordance with the applicable provisions of the Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Burlington Industries Inc /De/)

Casualty and Condemnation. The (a) Holdings or the -------------------------- Borrower will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the any Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 1 contract

Samples: Laralev Inc

Casualty and Condemnation. The Each Borrower will furnish to the Administrative Agent Agents and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral Collateral, including but not limited to any Real Estate which constitutes Collateral, or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 1 contract

Samples: Credit Agreement (Marsh Supermarkets Inc)

Casualty and Condemnation. The Borrower will will: (a) furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the any Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding; and (b) ensure that the Net Proceeds of any such event (whether in the form of insurance proceeds, condemnation awards or otherwise) are collected and applied in accordance with Section 2.11(c).

Appears in 1 contract

Samples: Credit Agreement (Spectralink Corp)

Casualty and Condemnation. (a) The Borrower will furnish to the Administrative Agent, the Collateral Agent and the Lenders prompt written notice of any casualty or other insured damage to any portion of the Network, any Mortgaged Property or other material portion of the Collateral or the commencement of any action or proceeding for the taking of the Network, any material portion of the Mortgaged Property or other Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 1 contract

Samples: Credit Agreement (Agw Leasing Co Inc)

Casualty and Condemnation. The (a) Holdings and the ------------------------- Borrower will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the any Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 1 contract

Samples: Credit Agreement (Triton PCS Inc)

Casualty and Condemnation. The Borrower Borrowers will furnish to the Collateral Agent, the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 1 contract

Samples: Credit Agreement (Globe Specialty Metals Inc)

Casualty and Condemnation. The Borrower (a) will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or material interest therein in the Collateral under power of eminent domain or by condemnation or similar proceedingproceeding and (b) will ensure that the Net Proceeds of any such event (whether in the form of insurance proceeds, condemnation awards or otherwise) are collected and applied in accordance with Section 2.09.

Appears in 1 contract

Samples: Credit Agreement (Paradyne Networks Inc)

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Casualty and Condemnation. The Borrower Representative will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 1 contract

Samples: Credit Agreement (Insight Enterprises Inc)

Casualty and Condemnation. (a) The Borrower will furnish -------------------------- to the Administrative Agent Agents and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the any Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 1 contract

Samples: Security Agreement (Leap Wireless International Inc)

Casualty and Condemnation. (a) The Borrower will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the any Collateral owned or held by or on behalf of itself or any Subsidiary or the commencement of any action or proceeding for the taking of any material portion of the such Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 1 contract

Samples: Credit Agreement (Marketing Services Group Inc)

Casualty and Condemnation. The Borrower (a) will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the any Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceedingproceeding and (b) will ensure that the Net Proceeds of any such event (whether in the form of insurance proceeds, condemnation awards or otherwise) are collected and applied in accordance with Section 2.11.

Appears in 1 contract

Samples: Credit Agreement (Amerisourcebergen Corp)

Casualty and Condemnation. The Borrower will furnish to the Administrative Collateral Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the any Collateral or the commencement of any action or proceeding preceding for the taking of any material portion of the any Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 1 contract

Samples: Second Lien Credit Agreement (Magnum Hunter Resources Corp)

Casualty and Condemnation. The Each Borrower will furnish to the Administrative Agent Agents and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.. 5.9

Appears in 1 contract

Samples: Credit Agreement (GameStop Corp.)

Casualty and Condemnation. The Borrower (a) will furnish to the Administrative Agent and the Lenders Banks prompt written notice of any casualty or other insured damage to any material portion of the Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceedingproceeding and (b) will ensure that the Net Proceeds of any such event (whether in the form of insurance proceeds, condemnation awards or otherwise) are collected and applied in accordance with Section 2.11.

Appears in 1 contract

Samples: Credit Agreement (Unova Inc)

Casualty and Condemnation. The (a) Holdings and the -------------------------- Borrower will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the any Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 1 contract

Samples: Credit Agreement (Triton PCS Holdings Inc)

Casualty and Condemnation. (a) The Borrower will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the 63 65 any Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 1 contract

Samples: Credit Agreement (Penton Media Inc)

Casualty and Condemnation. The Each Borrower will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 1 contract

Samples: Credit Agreement (Tweeter Home Entertainment Group Inc)

Casualty and Condemnation. The Borrower will furnish to the Administrative Agent, the Collateral Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.. 101

Appears in 1 contract

Samples: Credit Agreement (United States Steel Corp)

Casualty and Condemnation. The Borrower will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the any Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 1 contract

Samples: Credit Agreement (Rural Cellular Corp)

Casualty and Condemnation. The (a) Holdings or the ------------------------- Borrower will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the any Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 1 contract

Samples: Credit Agreement (Advance Stores Co Inc)

Casualty and Condemnation. The Borrower will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the any Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceedingproceeding in accordance with the provisions of the Security Documents.

Appears in 1 contract

Samples: Credit Agreement (R H Donnelley Corp)

Casualty and Condemnation. The Each Borrower will furnish to the Administrative Agent Agents and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral Collateral, including but not limited to any Eligible Real Estate, or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 1 contract

Samples: Credit Agreement (Marsh Supermarkets Inc)

Casualty and Condemnation. The Borrower (a) will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceedingproceeding and (b) will ensure that the Net Proceeds of any such event (whether in the form of insurance proceeds, condemnation awards or otherwise) are collected and applied in accordance with Section 2.09.

Appears in 1 contract

Samples: Credit Agreement (Marvell Technology Group LTD)

Casualty and Condemnation. The Borrower will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the Collateral or the commencement of any legal action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar legal proceeding.. 77 ​

Appears in 1 contract

Samples: Credit Agreement (Solaris Oilfield Infrastructure, Inc.)

Casualty and Condemnation. The Borrower Borrowers will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or interest therein under power of eminent domain or by condemnation or similar proceeding. SECTION 5.13.

Appears in 1 contract

Samples: Execution Version Credit Agreement (Lawson Products Inc/New/De/)

Casualty and Condemnation. The Borrower will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the Collateral or the commencement of any action or proceeding for the taking of any material portion of or any material interest in the Collateral or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 1 contract

Samples: Credit Agreement (Mac-Gray Corp)

Casualty and Condemnation. The (a) Holdings and the -------------------------- Borrower will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the any Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 1 contract

Samples: Pledge Agreement (Triton PCS Inc)

Casualty and Condemnation. (a) The Borrower will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the tangible Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 1 contract

Samples: Credit Agreement (Wright Medical Group Inc)

Casualty and Condemnation. The Each Borrower will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any material part thereof or material interest therein under power of eminent domain or by condemnation or similar proceeding.. 110

Appears in 1 contract

Samples: Credit Agreement (Genesco Inc)

Casualty and Condemnation. (a) The Borrower will -------------------------- furnish to the Administrative Agent Agents and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the any Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 1 contract

Samples: Credit Agreement (Advanced Radio Telecom Corp)

Casualty and Condemnation. The (a) Holdings or the Borrower -------------------------- will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the any Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 1 contract

Samples: Credit Agreement (Western Auto Supply Co/)

Casualty and Condemnation. The Borrower Borrowers (a) will furnish to the Administrative Agent (which shall in turn provide such notice to the Collateral Agent and the Lenders other Lender Parties) prompt written notice of any casualty or other insured damage to any material portion of the Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or interest therein under power of eminent domain or by condemnation or similar proceeding.113

Appears in 1 contract

Samples: Credit Agreement (Pilgrims Pride Corp)

Casualty and Condemnation. The Each of the Borrower and Holdings will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the any Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 1 contract

Samples: Credit Agreement (D&f Industries Inc)

Casualty and Condemnation. The Borrower will furnish to the Administrative Agent Agents and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the Collateral or Real Estate Collateral or the commencement of any action or proceeding for the taking of any interest in a material portion of the Collateral or interest therein Real Estate Collateral under power of eminent domain or by condemnation or similar proceeding. SECTION 5.09.

Appears in 1 contract

Samples: Credit Agreement (Stage Stores Inc)

Casualty and Condemnation. (a) The Borrower will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to or any material portion of the Collateral or the commencement of any action or proceeding under power of eminent domain, condemnation or similar proceeding for the taking of (i) any material portion of any Collateral (excluding any property, improvements or assets included in the Collateral definition of the term "Mortgaged Property") or interest therein under power (ii) any portion of eminent domain or by condemnation or similar proceedingMortgaged Property.

Appears in 1 contract

Samples: Asset Purchase Agreement (SFG Capital Corp)

Casualty and Condemnation. The Borrower (a) will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the any Collateral or the commencement of any action or proceeding for the taking of any material portion of the any Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.proceeding and (b) will ensure that the net cash proceeds of any such event (whether in the form of insurance proceeds, condemnation awards or otherwise) are collected

Appears in 1 contract

Samples: Credit Agreement (Apollo Medical Holdings, Inc.)

Casualty and Condemnation. The Borrower (a) will furnish to the Administrative Agent and the Lenders Lender prompt written notice of any casualty or other insured damage to any material portion of the Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceedingproceeding and (b) will ensure that the Net Proceeds of any such event (whether in the form of insurance proceeds, condemnation awards or otherwise) are collected and applied in accordance with the applicable provisions of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Poindexter J B & Co Inc)

Casualty and Condemnation. The Borrower will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 1 contract

Samples: Credit Agreement (Healthtronics, Inc.)

Casualty and Condemnation. (a) The Borrower will -------------------------- furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage damage, insured or otherwise, to any material portion of the any Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceedingproceeding to the extent such casualty, other insured damage or taking of Collateral exceeds $1,000,000.

Appears in 1 contract

Samples: Credit Agreement (Psinet Inc)

Casualty and Condemnation. The Borrower (a) will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to the Collateral in any material portion of the Collateral respect or the commencement of any action or proceeding for the taking of the Collateral in any material portion of the Collateral or interest therein respect under power of eminent domain or by condemnation or similar proceedingproceeding and (b) will ensure that the Net Proceeds of any such event (whether in the form of insurance proceeds, condemnation awards or otherwise) are collected and applied in accordance with the applicable provisions of the Existing Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (McLeodusa Inc)

Casualty and Condemnation. The Borrower Borrowers will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 1 contract

Samples: Credit Agreement (Haynes International Inc)

Casualty and Condemnation. The Borrower Each Obligor will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion por- tion of the Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 1 contract

Samples: Credit Agreement (Atrium Companies Inc)

Casualty and Condemnation. (a) The Borrower will -------------------------- furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the any Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or any part thereof or interest therein under power of eminent domain or by condemnation or similar proceeding.

Appears in 1 contract

Samples: Credit Agreement (Telecorp PCS Inc)

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