Common use of Litigation or Other Proceedings Clause in Contracts

Litigation or Other Proceedings. promptly upon any Officer of Company obtaining knowledge of (1) the institution of, or non-frivolous threat of, any Proceeding against or affecting Company or any of its Subsidiaries or any property of Company or any of its Subsidiaries not previously disclosed in writing by Company to Lenders or (2) any material development in any Proceeding that, in any case:

Appears in 10 contracts

Samples: Credit Agreement, Credit Agreement, Intercreditor Agreement (SafeNet Holding Corp)

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Litigation or Other Proceedings. (a) promptly upon any Officer officer of Company obtaining knowledge of (1X) the institution of, or non-frivolous threat of, any Proceeding action, suit, proceeding (whether administrative, judicial or otherwise), governmental investigation or arbitration against or affecting Company or any of its Subsidiaries or any property of Company or any of its Subsidiaries (collectively, "PROCEEDINGS") not previously disclosed in writing by Company to Lenders or (2Y) any material development in any Proceeding that, in any case:

Appears in 10 contracts

Samples: Credit Agreement (Atlas Air Inc), Credit Agreement (Atlas Air Inc), Credit Agreement (Petco Animal Supplies Inc)

Litigation or Other Proceedings. (a) promptly upon any Officer officer of Company obtaining knowledge of (1) the institution of, or non-frivolous threat of, any Proceeding against or affecting Company or any of its Subsidiaries or any property of Company or any of its Subsidiaries not previously disclosed in writing by Company to Lenders or (2) any material development in any Proceeding that, in any case:the case of both clauses (1) and (2):

Appears in 9 contracts

Samples: Credit Agreement (Covanta Energy Corp), Credit Agreement (Covanta Energy Corp), Credit Agreement (Danielson Holding Corp)

Litigation or Other Proceedings. (a) promptly upon any Officer officer of Company obtaining knowledge of (1X) the institution of, or non-frivolous threat of, any Proceeding action, suit, proceeding (whether administrative, judicial or otherwise), governmental investigation or arbitration against or affecting Company or any of its Subsidiaries or any property of Company or any of its Subsidiaries (collectively, "Proceedings") not previously disclosed in writing by Company to Lenders or (2Y) any material development in any Proceeding that, in any case:

Appears in 5 contracts

Samples: Credit Agreement (Falcon Products Inc /De/), Credit Agreement (Manufacturers Services LTD), Axel Credit Agreement (JCS Realty Corp)

Litigation or Other Proceedings. promptly upon any Officer of Company obtaining knowledge of (1i) the institution of, or non-frivolous threat of, of any Proceeding against or affecting Company any Loan Party or any of its Subsidiaries or any property of Company any Loan Party or any of its Subsidiaries not previously disclosed in writing by Company to Lenders or (2ii) any material development in any Proceeding that, in any case:

Appears in 3 contracts

Samples: Credit Agreement (U.S. Silica Holdings, Inc.), Credit Agreement (U.S. Silica Holdings, Inc.), Credit Agreement (U.S. Silica Holdings, Inc.)

Litigation or Other Proceedings. promptly upon any Officer of Company obtaining knowledge of (1) the institution of, or non-frivolous threat of, of any Proceeding against or affecting Company or any of its Subsidiaries or any property of Company or any of its Subsidiaries not previously disclosed in writing by Company to Lenders Lenders, (2) the Release of Hazardous Materials in violation of Environmental Laws or (23) any material development in any Proceeding that, in any case:

Appears in 3 contracts

Samples: Credit Agreement (NACG Holdings Inc.), Credit Agreement (Griffiths Pile Driving Inc), Credit Agreement (Nacg Finance LLC)

Litigation or Other Proceedings. promptly upon any Officer of Company obtaining knowledge of (1a) the institution of, or non-frivolous threat of, any Proceeding against or affecting Company or any of its Subsidiaries or any property of Company or any of its Subsidiaries not previously disclosed in writing by Company to Lenders Lenders, or (2b) any material development in any Proceeding that, in any case:

Appears in 3 contracts

Samples: Credit Agreement (Skilled Healthcare Group, Inc.), Credit Agreement (Skilled Healthcare Group, Inc.), Credit Agreement (Skilled Healthcare Group, Inc.)

Litigation or Other Proceedings. promptly upon any Responsible Officer of the Company obtaining knowledge of (1i) the institution of, or non-frivolous written threat of, any Proceeding against or affecting the Company or any of its Restricted Subsidiaries or any property of the Company or any of its Restricted Subsidiaries not previously disclosed in writing by the Company to the Lenders or (2ii) any material development in any Proceeding that, in any case:

Appears in 3 contracts

Samples: Credit Agreement (FTD Companies, Inc.), Credit Agreement (FTD Companies, Inc.), Credit Agreement (United Online Inc)

Litigation or Other Proceedings. (a) promptly upon any Officer officer of Company obtaining knowledge of (1) the institution of, or non-frivolous threat of, any Proceeding against or affecting Company or any of its Subsidiaries or any property of Company or any of its Subsidiaries not previously disclosed in writing by Company to Lenders or (2) any material development in any Proceeding that, in any case:

Appears in 3 contracts

Samples: Credit Agreement (Oxford Health Plans Inc), Credit Agreement (Manufacturers Services LTD), Credit Agreement (Oxford Health Plans Inc)

Litigation or Other Proceedings. promptly upon any Officer of Company obtaining knowledge of (1) the institution of, or non-frivolous written threat of, any Proceeding against or affecting Company Holdings or any of its Subsidiaries or any property of Company Holdings or any of its Subsidiaries not previously disclosed in writing by Company Holdings to Lenders or (2) any material development in any Proceeding that, in any case:

Appears in 3 contracts

Samples: Credit Agreement (IntraLinks Holdings, Inc.), Assignment and Assumption (IntraLinks Holdings, Inc.), Credit Agreement (IntraLinks Holdings, Inc.)

Litigation or Other Proceedings. (a) promptly upon any Officer of Company obtaining knowledge of (1) the institution of, or non-frivolous threat of, any Proceeding against or affecting Company or any of its Subsidiaries or any property of Company or any of its Subsidiaries not previously disclosed in writing by Company to Lenders or (2) any material development in any Proceeding that, in any case:

Appears in 3 contracts

Samples: Credit Agreement (Korn Ferry International), Credit Agreement (Korn Ferry International), Credit Agreement (Read Rite Corp /De/)

Litigation or Other Proceedings. (a) promptly upon any Officer of Company obtaining knowledge of (1) the institution of, or non-frivolous threat of, any Proceeding against or affecting Holdings, Company or any of its Subsidiaries or any property of Holdings, Company or any of its Subsidiaries not previously disclosed in writing by Company to Lenders or (2) any material development in any Proceeding that, in any case:

Appears in 2 contracts

Samples: Credit Agreement (Bare Escentuals Inc), Term Loan Agreement (Bare Escentuals Inc)

Litigation or Other Proceedings. (a) promptly upon any Officer officer of Company obtaining knowledge of (1) the institution of, or non-frivolous threat of, any Proceeding action, suit, proceeding (whether administrative, judicial or otherwise), governmental investigation or arbitration against or affecting Company or any of its Subsidiaries or any property of Company or any of its Subsidiaries (collectively, "Proceedings") not previously disclosed in writing by Company to Lenders or (2) Chase Co-Administrative Agent any material development in any Proceeding that, in any case:

Appears in 2 contracts

Samples: Credit Agreement (Gulf State Credit LLP), Security Agreement (Outsourcing Solutions Inc)

Litigation or Other Proceedings. promptly upon any Officer officer of Company obtaining knowledge of (1a) the institution of, or non-frivolous threat of, any Proceeding action, suit, proceeding (whether administrative, judicial or otherwise), governmental investigation or arbitration against or affecting Company or any of its Subsidiaries or any property of Company or any of its Subsidiaries (collectively, "PROCEEDINGS") not previously disclosed in writing by Company to Lenders or (2b) any material development in any Proceeding that, in any case:

Appears in 2 contracts

Samples: Credit Agreement (Dictaphone Corp /De), Credit Agreement (Andros Holdings Inc)

Litigation or Other Proceedings. (a) promptly upon any Officer ------------------------------- officer of Company obtaining knowledge of (1) the institution of, or non-non- frivolous threat of, any Proceeding action, suit, proceeding (whether administrative, judicial or otherwise), governmental investigation or arbitration against or affecting Company or any of its Subsidiaries or any property of Company or any of its Subsidiaries (collectively, "Proceedings") not previously disclosed in writing by Company to Lenders or (2) Administrative Agent any material development in any Proceeding that, in any case:

Appears in 2 contracts

Samples: Credit Agreement (Aurora Foods Inc /De/), Credit Agreement (Aurora Foods Inc)

Litigation or Other Proceedings. promptly upon any Responsible Officer of Company obtaining knowledge of (1) the institution of, or non-frivolous written threat of, any Proceeding against or affecting Company or any of its Subsidiaries or any property of Company or any of its Subsidiaries not previously disclosed in writing by Company to Lenders or (2) any material development in any Proceeding that, in any case:

Appears in 2 contracts

Samples: Credit Agreement (United Online Inc), Security Agreement (United Online Inc)

Litigation or Other Proceedings. promptly upon any Officer of Company obtaining knowledge of (1a) the institution of, or non-frivolous threat of, any Proceeding against or affecting Company or any of its Subsidiaries or any property of Company or any of its Subsidiaries not previously disclosed in writing by Company to Lenders or (2b) any material development in any Proceeding that, in any case:

Appears in 1 contract

Samples: Credit Agreement (Stancorp Financial Group Inc)

Litigation or Other Proceedings. promptly upon any Officer officer of Company obtaining knowledge of (1) the institution of, or non-frivolous threat of, or any Proceeding material development in, any action, suit, proceeding (whether administrative, judicial or otherwise), governmental investigation or arbitration against or affecting Company or any of its Subsidiaries or any property of Company or any of its Subsidiaries not previously disclosed in writing by Company to Lenders or (2) any material development in any Proceeding Lender that, in any case:

Appears in 1 contract

Samples: Junior Subordinated Loan Agreement (Falcon Financial Investment Trust)

Litigation or Other Proceedings. promptly upon any Officer of Company obtaining knowledge of (1) the institution of, or non-frivolous written threat of, any Proceeding against or affecting Company Holdings or any of its Subsidiaries or any property of Company Holdings or any of its Subsidiaries not previously disclosed in writing by Company Holdings to Lenders or (2) any material development in any Proceeding that, in any case:: 509265-1822-13506-Active.15159325.22

Appears in 1 contract

Samples: Credit Agreement (IntraLinks Holdings, Inc.)

Litigation or Other Proceedings. promptly upon any Officer officer of ------------------------------- Company obtaining knowledge of (1X) the institution of, or non-frivolous threat of, any Proceeding action, suit, proceeding (whether administrative, judicial or otherwise), governmental investigation or arbitration against or affecting Company or any of its Subsidiaries or any property of Company or any of its Subsidiaries (collectively, "PROCEEDINGS") not previously disclosed in writing by Company to Lenders or (2Y) any material development in any Proceeding that, in any case:

Appears in 1 contract

Samples: Credit Agreement (Sandhills Inc)

Litigation or Other Proceedings. (a) promptly upon any Officer of Company obtaining knowledge of (1) the institution of, or non-frivolous threat of, any Proceeding against or affecting Holdings, Company or any of its their Subsidiaries or any property of Holdings, Company or any of its their Subsidiaries not previously disclosed in writing by Company to Lenders or (2) any material development in any Proceeding that, in any case:

Appears in 1 contract

Samples: Credit Agreement (Bare Escentuals Inc)

Litigation or Other Proceedings. promptly Promptly upon any Officer officer of Company obtaining knowledge of (1a) the institution of, or non-frivolous threat of, any Proceeding action, suit, proceeding (whether administrative, judicial or otherwise), governmental investigation or arbitration against or affecting Company or any of its Subsidiaries or any property of Company or any of its Subsidiaries (collectively, "Proceedings") not previously disclosed in writing by Company to Lenders Bank or (2b) any material development in any Proceeding that, in any case:

Appears in 1 contract

Samples: Credit Agreement (Bell Industries Inc /New/)

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Litigation or Other Proceedings. promptly upon any Officer officer of Company obtaining knowledge of (1) the institution of, or non-frivolous threat of, any Proceeding proceeding against or affecting Company or any of its Subsidiaries or any property Property of the Company or any of its Subsidiaries not previously disclosed in writing by the Company to Lenders the Holders of the Notes or (2) any material development in any Proceeding proceeding that, in any case:

Appears in 1 contract

Samples: Note Purchase Agreement (Deltic Timber Corp)

Litigation or Other Proceedings. promptly upon any Officer of Holdings or Company obtaining knowledge of (1) the institution of, or non-frivolous written threat of, any Proceeding against or affecting Company Holdings or any of its Subsidiaries or any property of Company Holdings or any of its Subsidiaries not previously disclosed in writing by Company Holdings to Lenders or (2) any material development in any Proceeding that, in any case:

Appears in 1 contract

Samples: Credit Agreement (IntraLinks Holdings, Inc.)

Litigation or Other Proceedings. (a) promptly upon any Officer ------------------------------- of Company obtaining knowledge of (1X) the institution of, or non-frivolous threat of, any Proceeding against or affecting Holdings, Company or any of its Subsidiaries or any property of Holdings, Company or any of its Subsidiaries not previously disclosed in writing by Company to Lenders or (2Y) any material development in any Proceeding that, in any case:

Appears in 1 contract

Samples: Credit Agreement (Katy Industries Inc)

Litigation or Other Proceedings. promptly upon any Officer officer of Company obtaining knowledge of (1) the institution of, or non-frivolous threat of, any Proceeding against or affecting Company Holdings or any of its Subsidiaries or any property of Company Holdings or any of its Subsidiaries not previously disclosed in writing by Company to Lenders or (2) any material development in any Proceeding that, in any case:

Appears in 1 contract

Samples: Credit Agreement (PRA International)

Litigation or Other Proceedings. promptly upon any Responsible Officer of Company obtaining knowledge of (1) the institution of, or non-frivolous written threat of, any Proceeding against or affecting Company or any of its Restricted Subsidiaries or any property of Company or any of its Restricted Subsidiaries not previously disclosed in writing by Company to Lenders or (2) any material development in any Proceeding that, in any case:

Appears in 1 contract

Samples: Credit Agreement (United Online Inc)

Litigation or Other Proceedings. promptly upon any Officer of Company obtaining knowledge of (1i) the institution of, or non-frivolous threat of, of any Proceeding against or affecting Company any Loan Party or any of its Restricted Subsidiaries or any property of Company any Loan Party or any of its Restricted Subsidiaries not previously disclosed in writing by Company to Lenders or (2ii) any material development in any Proceeding that, in any case:

Appears in 1 contract

Samples: Credit Agreement (U.S. Silica Holdings, Inc.)

Litigation or Other Proceedings. promptly (i) Promptly upon any Officer executive officer of the Company obtaining knowledge of (1) the institution of, or non-frivolous threat of, any Proceeding against or affecting the Company or any of its Subsidiaries or any property Property of the Company or any of its Subsidiaries not previously disclosed in writing by the Company to the Lenders and the Agent or (2) any material development in any Proceeding that, in any case:

Appears in 1 contract

Samples: Credit Agreement (Online Resources Corp)

Litigation or Other Proceedings. (a) promptly upon any Officer of Company obtaining knowledge of (1) the institution of, or non-frivolous threat of, any Proceeding against or affecting Company or any of its Subsidiaries or any property of Company or any of its Subsidiaries not previously disclosed in writing by Company to Lenders Lenders, or (2) any material development in any Proceeding that, in any case:

Appears in 1 contract

Samples: Credit Agreement (Itron Inc /Wa/)

Litigation or Other Proceedings. (a) promptly upon any Responsible Officer of Company obtaining knowledge of (1x) the institution of, or non-frivolous threat of, any Proceeding against or affecting Company or any of its Subsidiaries or any property of Company or any of its Subsidiaries not previously disclosed in writing by Company to Lenders or (2y) any material development in any Proceeding that, in any case:

Appears in 1 contract

Samples: Security Agreement (Urs Corp /New/)

Litigation or Other Proceedings. (a) promptly upon any Officer of Company or any other Borrower obtaining knowledge of (1) the institution of, or non-frivolous threat of, any Proceeding against or affecting Company Holdings or any of its Subsidiaries or any property of Company Holdings or any of its Subsidiaries not previously disclosed in writing by Company or any other Borrower to Lenders or (2) any material development in any Proceeding that, in any case:

Appears in 1 contract

Samples: Credit Agreement (Sybron Dental Specialties Inc)

Litigation or Other Proceedings. promptly upon any Officer officer of Company obtaining knowledge of (1a) the institution of, or non-frivolous threat of, any Proceeding action, suit, proceeding (whether administrative, judicial or otherwise), governmental investigation or arbitration against or affecting Company any Loan Party or any of its Subsidiaries or any property of Company any Loan Party or any of its Subsidiaries (collectively, "PROCEEDINGS") not previously disclosed in writing by Company to Lenders or (2b) any material development in any Proceeding that, in any case:

Appears in 1 contract

Samples: Credit Agreement (E Spire Communications Inc)

Litigation or Other Proceedings. (a) promptly upon any Officer of Company or any other Borrower obtaining knowledge of (1) the institution of, or non-frivolous threat of, any Proceeding against or affecting Company or any of its Subsidiaries or any property of Company or any of its Subsidiaries not previously disclosed in writing by Company or any other Borrower to Lenders or (2) any material development in any Proceeding that, in any case:

Appears in 1 contract

Samples: Credit Agreement (Sybron Dental Specialties Inc)

Litigation or Other Proceedings. promptly upon any Officer of Company obtaining knowledge of (1a) the institution of, or non-frivolous material threat in writing of, any Proceeding against or affecting Company or any of its Subsidiaries or any property of Company or any of its Subsidiaries not previously disclosed in writing by Company to Lenders or (2b) any material development in any Proceeding that, in any case:

Appears in 1 contract

Samples: Credit Agreement (Hypercom Corp)

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