Common use of Judgments and Proceedings Clause in Contracts

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

Appears in 2 contracts

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

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

Appears in 1 contract

Samples: Receivables Purchase Agreement (Arch Chemicals Inc)

Judgments and Proceedings. (A) (1) The entry of any judgment or decree against the Servicer Parent or any of its Subsidiaries (other than Seller) if the aggregate amount of such judgment or decree all judgments and decrees then outstanding against the Servicer Parent and its Subsidiaries exceeds $10,000,000 after deducting (1a) the amount with respect to which the Servicer Parent or any such Subsidiary, as the case may be, is insured and with respect to which the insurer has not disclaimed assumed responsibility in writing, and (2b) the amount for which the Servicer Parent or any such Subsidiary is otherwise indemnified if the terms of such indemnification are satisfactory to the AdministratorAgent, and (B2) the institution of any litigation, arbitration proceeding or governmental proceeding against the Servicer Parent which, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect; and (CB) the entry of any judgment or decree or the institution of any litigation, arbitration proceeding or governmental proceeding against the Seller.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Lafarge Corp)

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

Appears in 1 contract

Samples: Receivables Purchase Agreement (Arch Chemicals Inc)

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