Common use of Criminal Proceeding Clause in Contracts

Criminal Proceeding. A criminal proceeding shall be commenced or a criminal indictment shall be filed against any member of the Borrower Group, which proceeding or indictment, if adversely determined, could reasonably be expected to have a Material Adverse Effect; or

Appears in 3 contracts

Samples: Credit Agreement (Switch & Data, Inc.), Credit Agreement (Switch & Data Facilities Company, Inc.), Credit Agreement (Switch & Data, Inc.)

Criminal Proceeding. A criminal proceeding shall be commenced or a criminal indictment shall be filed against any member of the Borrower Group, which proceeding or indictment, if adversely determined, could reasonably be expected to have a Material Adverse Effect ; or .

Appears in 2 contracts

Samples: Credit Agreement (Fibernet Telecom Group Inc\), Credit Agreement (Fibernet Telecom Group Inc\)

Criminal Proceeding. A criminal proceeding shall be commenced or a criminal indictment shall be filed against any member of the Borrower Group or any of its Subsidiaries, which proceeding or indictment, if adversely determined, could reasonably be expected to have a Material Adverse Effect ; or .

Appears in 1 contract

Samples: Credit Agreement (Fibernet Telecom Group Inc\)