Common use of Judgment and Proceedings Clause in Contracts

Judgment and Proceedings. (A) The entry of any judgment or decree against such Originator or any of its Subsidiaries if the amount of such judgment or decree then outstanding against such Originator and its Subsidiaries exceeds $10,000,000 after deducting (1) the amount with respect to which such Originator or any such Subsidiary is insured and with respect to which the insurer has not disclaimed responsibility in writing, and (2) the amount for which such Originator or any such Subsidiary is otherwise indemnified if the terms of such indemnification are satisfactory to Buyer (or its assigns), and (B) the institution of any litigation, arbitration proceeding or governmental proceeding against such Originator which, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Receivables Sale Agreement (Arch Chemicals Inc), Receivables Sale Agreement (Arch Chemicals Inc)

AutoNDA by SimpleDocs

Judgment and Proceedings. (A) The entry of any judgment or decree against such Originator or any of its Subsidiaries if the amount of such judgment or decree then outstanding against such Originator and its Subsidiaries exceeds $10,000,000 5,000,000 after deducting (1) the amount with respect to which such Originator or any such Subsidiary is insured and with respect to which the insurer has not disclaimed responsibility in writing, and (2) the amount for which such Originator or any such Subsidiary is otherwise indemnified if the terms of such indemnification are satisfactory to Buyer (or its assigns), and (B) the institution of any litigation, arbitration proceeding or governmental proceeding against such Originator which, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Receivables Sale Agreement (Arch Chemicals Inc), Receivables Sale Agreement (Arch Chemicals Inc)

Judgment and Proceedings. (A1) The entry of any judgment or decree against such Originator or any of its Subsidiaries if the aggregate amount of such judgment or decree all judgments and decrees then outstanding against such Originator and its Subsidiaries exceeds $10,000,000 25,000,000 after deducting (1a) the amount with respect to which such Originator or any such Subsidiary is insured and with respect to which the insurer has not disclaimed assumed responsibility in writing, and (2b) the amount for which such Originator or any such Subsidiary is otherwise indemnified if the terms of such indemnification are satisfactory to Buyer (or its assigns), and (B2) the institution of any litigation, arbitration proceeding or governmental proceeding against such Originator which, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effectmaterial adverse effect on its financial condition or results of operations or any Receivables.

Appears in 2 contracts

Samples: Receivables Sale Agreement (Amerisourcebergen Corp), Receivables Sale Agreement (Amerisourcebergen Corp)

Judgment and Proceedings. (A1) The entry of any judgment or decree against such any Originator or any of its Subsidiaries if the aggregate amount of such judgment or decree all judgments and decrees then outstanding against such Originator the Originators and its their Subsidiaries exceeds $10,000,000 1,000,000 after deducting (1a) the amount with respect to which such the applicable Originator or any such Subsidiary is insured and with respect to which the insurer has not disclaimed assumed responsibility in writing, and (2b) the amount for which such the applicable Originator or any such Subsidiary is otherwise indemnified if the terms of such indemnification are satisfactory to Buyer (or its assigns), and (B2) the institution of any litigation, arbitration proceeding or governmental proceeding against such any Originator which, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Receivables Sale Agreement (Pepsiamericas Inc/Il/)

Judgment and Proceedings. (A1) The entry of any judgment or decree against such any Originator or any of its Subsidiaries if the aggregate amount of such judgment or decree all judgments and decrees then outstanding against such Originator the Originators and its their Subsidiaries exceeds $10,000,000 5,000,000 after deducting (1a) the amount with respect to which such the applicable Originator or any such Subsidiary is insured and with respect to which the insurer has not disclaimed assumed responsibility in writing, and (2b) the amount for which such the applicable Originator or any such Subsidiary is otherwise indemnified if the terms of such indemnification are satisfactory to Buyer (or its assigns), and (B2) the institution of any litigation, arbitration proceeding or governmental proceeding against such any Originator which, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Receivables Sale Agreement (SCP Pool Corp)

Judgment and Proceedings. . (A1) The entry of any judgment or decree against such Originator or any of its Subsidiaries if the aggregate amount of such judgment or decree all judgments and decrees then outstanding against such Originator and its Subsidiaries exceeds $10,000,000 5,000,000 after deducting (1a) the amount with respect to which such Originator or any such Subsidiary is insured and with respect to which the insurer has not disclaimed assumed responsibility in writing, and (2b) the amount for which such Originator or any such Subsidiary is otherwise indemnified if the terms of such indemnification are satisfactory to Buyer (or its assigns), and (B2) the institution of any litigation, arbitration proceeding or governmental proceeding against such Originator which, individually or in the aggregate, could reasonably be expected to have a an Originator Material Adverse Effect.

Appears in 1 contract

Samples: Receivables Sale Agreement (Oxford Industries Inc)

Judgment and Proceedings. (A1) The entry of any judgment or decree against such any Originator or any of its Subsidiaries if the aggregate amount of such judgment or decree all judgments and decrees then outstanding against such Originator the Originators and its their Subsidiaries exceeds $10,000,000 2,500,000 after deducting (1a) the amount with respect to which such the applicable Originator or any such Subsidiary is insured and with respect to which the insurer has not disclaimed responsibility in writingdenied coverage, and (2b) the amount for which such the applicable Originator or any such Subsidiary is otherwise indemnified if the terms of such indemnification are satisfactory to Buyer (or its assigns), and (B2) the institution of any litigation, arbitration proceeding or governmental proceeding against such any Originator which, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Receivables Sale Agreement (Wolverine Tube Inc)

AutoNDA by SimpleDocs

Judgment and Proceedings. (A1) The entry of any judgment or decree against such an Originator or any of its Subsidiaries if the aggregate amount of such judgment or decree all judgments and decrees then outstanding against such Originator the Originators and its their Subsidiaries exceeds $10,000,000 after deducting (1a) the amount with respect to which such the applicable Originator or any such Subsidiary is insured and with respect to which the insurer has not disclaimed assumed responsibility in writing, and (2b) the amount for which such the applicable Originator or any such Subsidiary is otherwise indemnified if the terms of such indemnification are satisfactory to Buyer (or its assigns), and (B2) the institution of any litigation, arbitration proceeding or governmental proceeding against such an Originator which, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Receivables Sale Agreement (Meredith Corp)

Judgment and Proceedings. (A1) The entry of any judgment or decree against such Originator or any of its Subsidiaries if the aggregate amount of such judgment or decree all judgments and decrees then outstanding against such Originator and its Subsidiaries exceeds $10,000,000 200,000,000 after deducting (1a) the amount with respect to which such Originator or any such Subsidiary is insured and with respect to which the insurer has not disclaimed responsibility in writingdenied coverage, and (2b) the amount for which such Originator or any such Subsidiary is otherwise indemnified if the terms of such indemnification are satisfactory to Buyer (or its assigns), and (B2) the institution of any litigation, arbitration proceeding or governmental proceeding against such Originator which, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Receivables Sale Agreement (International Paper Co /New/)

Judgment and Proceedings. (A) The entry of any judgment or decree against such Originator or any of its Subsidiaries if the aggregate amount of such judgment or decree all judgments and decrees then outstanding against such Originator and its Subsidiaries exceeds $10,000,000 25,000,000 after deducting (1) the amount with respect to which such Originator or any such Subsidiary is insured and with respect to which the insurer has not disclaimed assumed responsibility in writing, and (2) the amount for which such Originator or any such Subsidiary is otherwise indemnified if the terms of such indemnification are satisfactory to Buyer (or its assigns), and (B) the institution of any litigation, arbitration proceeding or governmental proceeding against such Originator which, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Receivables Sale Agreement (Louisiana Pacific Corp)

Time is Money Join Law Insider Premium to draft better contracts faster.