Common use of Litigation, Arbitration or Government Investigation Clause in Contracts

Litigation, Arbitration or Government Investigation. Borrower shall promptly, upon obtaining knowledge thereof, report in writing to Administrative Agent, (i) the institution of, or threat of, any material proceeding against or affecting Borrower or the Property, including any eminent domain or other condemnation proceedings affecting the Property, or (ii) any material development in any proceeding already disclosed, which, in either case, has a material adverse effect on Borrower or the Property, which notice shall contain such information as may be reasonably available to Borrower to enable Administrative Agent and its counsel to evaluate such matters.

Appears in 5 contracts

Samples: Loan Agreement (Howard Hughes Corp), Loan Agreement (Howard Hughes Corp), Building Loan Agreement (Sunrise Senior Living Inc)

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Litigation, Arbitration or Government Investigation. The Borrower shall promptly, upon obtaining knowledge thereof, report in writing to Administrative Agent, (i) the institution of, or threat in writing of, any material proceeding against or affecting Borrower or the Property, including any eminent domain or other condemnation proceedings affecting the Property, or (ii) any material development in any proceeding already disclosed, which, in either case, has a material adverse effect on Borrower or the PropertyMaterial Adverse Effect, which notice shall contain such information as may be reasonably available to Borrower to enable Administrative Agent and its counsel to evaluate such matters.

Appears in 4 contracts

Samples: Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)

Litigation, Arbitration or Government Investigation. Promptly upon a Borrower shall promptly, upon obtaining knowledge thereof, report in writing to Administrative Agent, of (i) the institution of, or written threat of, any material proceeding Proceeding against or affecting such Borrower or the PropertyProperty not previously disclosed in writing by such Borrower to Administrative Agent pursuant to this Section 10.1(f), including any eminent domain or other condemnation proceedings affecting the Property, or (ii) any material development in any proceeding Proceeding already disclosed, which, in either case, has a material adverse effect on Borrower or the PropertyMaterial Adverse Effect, which a notice shall contain thereof to Administrative Agent and such other information as may be reasonably available to Borrower it to enable Administrative Agent and its counsel to evaluate such matters.

Appears in 4 contracts

Samples: And Consolidated Loan Agreement (KBS Real Estate Investment Trust II, Inc.), Loan Agreement (KBS Real Estate Investment Trust III, Inc.), And Consolidated Loan Agreement (KBS Real Estate Investment Trust II, Inc.)

Litigation, Arbitration or Government Investigation. Promptly upon Borrower shall promptly, upon obtaining knowledge thereof, report in writing to Administrative Agent, of (i) the institution of, or written threat of, any material proceeding Proceeding against or affecting Borrower or the PropertyProperty not previously disclosed in writing by Borrower to Administrative Agent pursuant to this Section 10.1(g), including any eminent domain or other condemnation proceedings affecting the Property, or (ii) any material development in any proceeding Proceeding already disclosed, which, in either case, has a material adverse effect on Borrower or the PropertyMaterial Adverse Effect, which a notice shall contain thereof to Administrative Agent and such other information as may be reasonably available to Borrower it to enable Administrative Agent and its counsel to evaluate such matters.

Appears in 2 contracts

Samples: Loan Agreement (KBS Strategic Opportunity REIT, Inc.), Loan Agreement (KBS Real Estate Investment Trust III, Inc.)

Litigation, Arbitration or Government Investigation. Borrower shall promptly, upon obtaining knowledge thereof, report in writing to Administrative Agent, (i) the institution of, or threat of, any material proceeding against or affecting Borrower or the Property, including any eminent domain or other condemnation proceedings affecting the Property, or (ii) any material development in any proceeding already disclosed, which, in either case, has a material adverse effect on Borrower or the PropertyMaterial Adverse Effect, which notice shall contain such information as may be reasonably available to Borrower to enable Administrative Agent and its counsel to evaluate such matters.

Appears in 1 contract

Samples: Loan Agreement (Howard Hughes Corp)

Litigation, Arbitration or Government Investigation. Borrower shall promptly, upon obtaining knowledge thereof, report in writing to Administrative Agent, (i) the institution of, or threat of, any material proceeding against or affecting Borrower Borrower, Guarantor or the any Property, including any eminent domain or other condemnation proceedings affecting the any Property, or (ii) any material development in any proceeding already disclosed, which, in either case, has a material adverse effect on Borrower Borrower, Guarantor or the any Property, which notice shall contain such information as may be reasonably available to Borrower to enable Administrative Agent and its counsel to evaluate such matters.

Appears in 1 contract

Samples: Loan Agreement (Highland Hospitality Corp)

Litigation, Arbitration or Government Investigation. Borrower shall promptly, upon obtaining knowledge thereof, report in writing to Administrative Agent, (i) the institution of, or written threat of, any material proceeding against or affecting Borrower or the Property, including any eminent domain or other condemnation proceedings affecting against the Property, or (ii) any material development in any proceeding already disclosed, which, in either case, has a material adverse effect on Borrower or the Property, which notice shall contain such information as may be reasonably available to Borrower to enable Administrative Agent and its counsel to evaluate such matters.

Appears in 1 contract

Samples: Loan Agreement (Taubman Centers Inc)

Litigation, Arbitration or Government Investigation. Borrower shall promptly, upon obtaining knowledge thereof, report in writing to Administrative Agent, (i) the institution of, or threat of, any material proceeding against or affecting Borrower Borrower, Guarantor or the PropertyReal Estate Assets, including any eminent domain or other condemnation proceedings affecting the PropertyReal Estate Assets, or (ii) any material development in any proceeding already disclosed, which, in either case, has or could reasonably be expected to result in, a material adverse effect on Borrower or the PropertyMaterial Adverse Effect, which notice shall contain such information as may be reasonably available to Borrower to enable Administrative Agent and its counsel to evaluate such matters.

Appears in 1 contract

Samples: Revolving Loan Agreement (Phillips Edison - ARC Shopping Center REIT Inc.)

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Litigation, Arbitration or Government Investigation. Borrower and Owner shall promptly, upon obtaining knowledge thereof, report in writing to Administrative Agent, (i) the institution of, or threat of, any material proceeding against or affecting Borrower Borrower, Owner, Guarantor or the Property, including any eminent domain or other condemnation proceedings affecting the Property, or (ii) any material development in any proceeding already disclosed, which, in either case, has a material adverse effect on Borrower Borrower, Owner, Guarantor or the Property, which notice shall contain such information as may be reasonably available to Borrower and/or Owner to enable Administrative Agent and its counsel to evaluate such matters.

Appears in 1 contract

Samples: Revolving Loan Agreement (Columbia Equity Trust, Inc.)

Litigation, Arbitration or Government Investigation. Promptly upon Borrower shall promptly, upon obtaining knowledge thereof, report in writing to Administrative Agent, of (i) the institution of, or written threat of, any material proceeding Proceeding against or affecting Borrower or the PropertyProperty not previously disclosed in writing by Borrower to Administrative Agent pursuant to this Section 10.1(f), including any eminent domain or other condemnation proceedings affecting the Property, or (ii) any material development in any proceeding Proceeding already disclosed, which, in either case, has a material adverse effect on Borrower or the PropertyMaterial Adverse Effect, which a notice shall contain thereof to Administrative Agent and such other information as may be reasonably available to Borrower it to enable Administrative Agent and its counsel to evaluate such matters.

Appears in 1 contract

Samples: Loan Agreement (KBS Real Estate Investment Trust III, Inc.)

Litigation, Arbitration or Government Investigation. Borrower shall promptly, upon obtaining knowledge thereof, report in writing to Administrative Agent, (i) the institution of, or threat of, any material proceeding against or affecting Borrower or the Property, including any eminent domain or other condemnation proceedings affecting the Property, or (ii) any material development in any proceeding already disclosed, which, in either case, has could reasonably be expected to have a material adverse effect Material Adverse Effect on Borrower or the Property, which notice shall contain such information as may be reasonably available to Borrower to enable Administrative Agent and its counsel to evaluate such matters.

Appears in 1 contract

Samples: Loan Agreement (Maui Land & Pineapple Co Inc)

Litigation, Arbitration or Government Investigation. Borrower shall promptly, upon obtaining knowledge thereof, report in writing to Administrative Agent, (i) the institution of, or threat of, any material proceeding against or affecting Borrower or the Property, including any eminent domain or other condemnation proceedings affecting the Property, or (ii) any material development in any proceeding already disclosed, which, in either case, has a material adverse effect Material Adverse Effect on Borrower or the Property, which notice shall contain such information as may be reasonably available to Borrower to enable Administrative Agent and its counsel to evaluate such matters.

Appears in 1 contract

Samples: Construction Loan Agreement (Imax Corp)

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