Common use of Notice of Litigation, Etc Clause in Contracts

Notice of Litigation, Etc. Promptly upon receiving notice thereof, Borrower will give, or cause to be given, prompt written notice to Agent of (a) any action or proceeding instituted by or against any Borrower or any Guarantor in any federal or state court or before any commission or other regulatory body, Federal, state or local, foreign or domestic; or (b) any such proceedings that are threatened against any Borrower, or any Guarantor which, if adversely determined, could have a material and adverse effect upon any Borrower's or any Guarantor's businesses, operations, properties, assets, managements, natures of ownership or conditions (financial or otherwise) or which would constitute an event of default or a default under any other contract, instrument or agreement to which any of them is a party or by or to which any of them or any of their properties or assets may be bound or subject; or (c) any actions, proceedings or notices materially adversely affecting any Property (or any portion thereof) or Agent's interest therein or any zoning, building or other municipal officers, offices or departments having jurisdiction with respect to any Property or the leasing of it.

Appears in 1 contract

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

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Notice of Litigation, Etc. Promptly upon receiving notice thereof, Borrower will give, or cause to be given, prompt written notice to Agent of (a) any action or proceeding instituted by or against any Borrower it or any Guarantor in any federal or state court or before any commission or other regulatory body, Federal, state or local, foreign or domestic; or (b) any such proceedings that are threatened in writing against any Borrower, it or any Guarantor which, if adversely determined, could reasonably be expected to have a material and adverse effect upon any Borrower's or any Guarantor's of their businesses, operations, properties, assets, managements, natures of ownership or conditions (financial or otherwise) or which would constitute an event of default or a default beyond applicable cure periods under any other contract, instrument or agreement to which any of them is a party or by or to which any of them or any of their properties or assets may be bound or subject; or (c) any actions, proceedings or notices materially adversely affecting any the Property (or any portion thereof) or Agent's interest therein or any zoning, building or other municipal officers, offices or departments having jurisdiction with respect to any the Property or the leasing of it.

Appears in 1 contract

Samples: Loan Agreement (Gametech International Inc)

Notice of Litigation, Etc. Promptly upon receiving notice thereof, Borrower Borrowers will give, or cause to be given, prompt written notice to Agent of (a) any action or proceeding instituted by or against any Borrower or any Guarantor in any federal or state court or before any commission or other regulatory body, Federal, state or local, foreign or domestic; or (b) any such proceedings that are threatened against any Borrower, or any Guarantor which, if adversely determined, could have a material and adverse effect upon any Borrower's or any Guarantor's businesses, operations, properties, assets, managements, natures of ownership or conditions (financial or otherwise) or which would constitute an event of default or a default under any other contract, instrument or agreement to which any of them is a party or by or to which any of them or any of their properties or assets may be bound or subject; or (c) any actions, proceedings or notices materially adversely affecting any Property (or any portion thereof) or Agent's interest therein or any zoning, building or other municipal officers, offices or departments having jurisdiction with respect to any Property or the leasing of it.

Appears in 1 contract

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

Notice of Litigation, Etc. Promptly upon receiving notice thereof, Borrower Borrowers will give, or cause to be given, prompt written notice to Agent of (a) any action or proceeding instituted by or against any Borrower or any Guarantor in any federal or state court or before any commission or other regulatory body, Federal, state or local, foreign or domestic; or (b) any such proceedings that are threatened against any Borrower, or any Guarantor which, if adversely determined, could have a material and adverse effect upon any Borrower's ’s or any Guarantor's ’s businesses, operations, properties, assets, managements, natures of ownership or conditions (financial or otherwise) or which would constitute an event of default or a default under any other contract, instrument or agreement to which any of them is a party or by or to which any of them or any of their properties or assets may be bound or subject; or (c) any actions, proceedings or notices materially adversely affecting any Property (or any portion thereof) or Agent's ’s interest therein or any zoning, building or other municipal officers, offices or departments having jurisdiction with respect to any Property or the leasing of it.

Appears in 1 contract

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

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Notice of Litigation, Etc. Promptly upon receiving notice thereof, Borrower will give, or cause to be given, prompt written notice to Agent of (a) any action or proceeding instituted by or against any Borrower it or any Guarantor in any federal or state court or before any commission or other regulatory body, Federal, state or local, foreign or domestic; or (b) any such proceedings that are threatened against any Borrowerit, or any Guarantor which, if adversely determined, could have a material and adverse effect upon any Borrower's or any Guarantor's of their businesses, operations, properties, assets, managements, natures of ownership or conditions (financial or otherwise) or which would constitute an event of default or a default under any other contract, instrument or agreement to which any of them is a party or by or to which any of them or any of their properties or assets may be bound or subject; or (c) any actions, proceedings or notices materially adversely affecting any the Property (or any portion thereof) or Agent's interest therein or any notices sent by any zoning, building or other municipal officers, offices or departments having jurisdiction with respect to any the Property or the leasing of itit that relate to any issues that could have a materially adverse effect on the Property.

Appears in 1 contract

Samples: Loan Agreement (KBS Strategic Opportunity REIT II, Inc.)

Notice of Litigation, Etc. Promptly upon receiving notice thereof, Borrower will give, or cause to be given, prompt written notice to Agent of (a) any action or proceeding instituted by or against any Borrower or any Guarantor in any federal or state court or before any commission or other regulatory body, Federal, state or local, foreign or domestic; or (b) any such proceedings that are threatened against any Borrower, or any Guarantor which, if adversely determined, could have a material and adverse effect upon any Borrower's or any Guarantor's businesses, operations, properties, assets, managements, natures of ownership or conditions (financial or otherwise) or which would constitute an event of default or a default under any other contract, instrument or agreement to which any of them is a party or by or to which any of them or any of their properties or assets may be bound or subject; or (c) any actions, proceedings or notices materially adversely affecting any Property (or any portion thereof) or Agent's interest therein or any zoning, building or other municipal officers, offices or departments having jurisdiction with respect to any Property or the leasing of it.

Appears in 1 contract

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

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