Common use of Notice of Proceedings Clause in Contracts

Notice of Proceedings. The Borrower, promptly upon becoming aware, shall give written notice to the Bank of any litigation, arbitration or governmental investigation or proceeding not previously disclosed by the Borrower to the Bank which has been instituted or, to the knowledge of the Borrower, is threatened against the Borrower or any of its Subsidiaries or to which any of their respective properties is subject which might reasonably be expected to have a Material Adverse Effect.

Appears in 11 contracts

Samples: Loan and Security Agreement (Primoris Services CORP), Loan and Security Agreement (Argyle Security, Inc.), Loan and Security Agreement (Global Energy, Inc.)

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Notice of Proceedings. The Borrower, promptly upon becoming aware, shall give written notice to the Bank of any litigation, arbitration or governmental investigation or proceeding not previously disclosed by the Borrower to the Bank which has been instituted or, to the knowledge of the Borrower, is threatened against the Borrower or any of its Subsidiaries or to which any of their respective its properties is subject which might reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Loan and Security Agreement (US BioEnergy CORP), Loan and Security Agreement (CHS Inc), Loan and Security Agreement (US BioEnergy CORP)

Notice of Proceedings. The Borrower, promptly upon becoming aware, shall give written notice to the Bank Lender of any litigation, arbitration or governmental investigation or proceeding not previously disclosed by the Borrower to the Bank Lender which has been instituted or, to the knowledge of the Borrower, is threatened against the Borrower or any of its Subsidiaries or to which any of their respective its properties is subject which might reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Revolving Credit and Security Agreement (REX AMERICAN RESOURCES Corp), Revolving Credit and Security Agreement (Millennium Ethanol, LLC), And Security Agreement (Millennium Ethanol, LLC)

Notice of Proceedings. The Each Borrower, promptly upon becoming aware, shall give written notice to the Bank of any litigation, arbitration or governmental investigation or proceeding not previously disclosed by the such Borrower to the Bank which has been instituted or, to the knowledge of the such Borrower, is threatened against the such Borrower or any of its Subsidiaries or to which any of their respective properties is subject which might reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan and Security Agreement (Intricon Corp), Loan and Security Agreement (Intricon Corp), Loan and Security Agreement (Intricon Corp)

Notice of Proceedings. The Borrower, promptly Promptly upon becoming awareaware thereof, the Borrower shall give written notice to the Bank Lender of any litigation, arbitration arbitration, or governmental investigation or proceeding not previously disclosed by the Borrower to the Bank which Lender that has been instituted or, to the knowledge of the Borrower, is threatened against the Borrower or any of its Subsidiaries or to which any of their respective its properties is subject subject, in each case which might could reasonably be expected to have a Material Adverse Effectmaterial adverse effect on the Borrower.

Appears in 3 contracts

Samples: Loan Agreement (Jacksonville Bancorp Inc /Fl/), Loan Agreement (Jacksonville Bancorp Inc /Fl/), Loan Agreement (Jacksonville Bancorp Inc /Fl/)

Notice of Proceedings. The Borrower, promptly upon becoming aware, shall give written notice to the Bank Lender of any litigation, arbitration or governmental investigation or proceeding not previously disclosed by the Borrower to the Bank Lender which has been instituted or, to the knowledge of the Borrower, is threatened in writing against the Borrower or any of its Subsidiaries or to which any of their its respective properties is subject subject, in each case, which might the Borrower determines in its reasonable discretion would reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Amtech Systems Inc), Loan and Security Agreement (Amtech Systems Inc)

Notice of Proceedings. The Each Borrower, promptly upon becoming aware, ---------------------- shall give written notice to the Bank Lender of any litigation, arbitration or governmental investigation or proceeding not previously disclosed by the Borrower Borrowers to the Bank Lender which has been instituted or, to the knowledge of the such Borrower, is threatened against the such Borrower or any of its Subsidiaries or to which any of their respective properties is subject which might would reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Amrep Corp.), Loan and Security Agreement (Amrep Corp.)

Notice of Proceedings. The Each Borrower, promptly upon becoming aware, shall give written notice to the Bank Lender of any litigation, arbitration or governmental investigation or proceeding not previously disclosed by the such Borrower to the Bank Lender which has been instituted or, to the knowledge of the such Borrower, is threatened against the such Borrower or any of its Subsidiaries or to which any of their respective its properties is subject which might reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (BG Staffing, Inc.), Loan and Security Agreement (LTN Staffing, LLC)

Notice of Proceedings. The Borrower, promptly upon becoming aware, shall give written notice to the Bank of any litigation, arbitration or governmental investigation or proceeding not previously disclosed by the Borrower to the Bank which has been instituted or, to the knowledge of the Borrower, is threatened against the Borrower or any of its Subsidiaries or to which any of their respective its properties is subject which might reasonably be expected to have a Material Adverse Effect.;

Appears in 2 contracts

Samples: Loan and Security Agreement (PLM Equipment Growth Fund V), Loan and Security Agreement (PLM Equipment Growth Fund V)

Notice of Proceedings. The Borrower, promptly upon becoming aware, shall give written notice to the Bank Lender of any litigation, arbitration or governmental investigation or proceeding not previously disclosed by the Borrower to the Bank Lender which has been instituted or, to the knowledge of the Borrower, is threatened against the Borrower or any of its Subsidiaries or to which any of their respective its properties is subject which might could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan Agreement (Lime Energy Co.)

Notice of Proceedings. The BorrowerBorrowers, promptly upon becoming aware, shall give written notice to the Bank of any litigation, arbitration or governmental investigation or proceeding not previously disclosed by the Borrower Borrowers to the Bank which has been instituted or, to the knowledge of the BorrowerBorrowers, is threatened against the Borrower Borrowers or any of its Subsidiaries Guarantor or to which any of their respective properties is subject which might reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Smithway Motor Xpress Corp)

Notice of Proceedings. The Borrower, promptly upon becoming aware, shall give written notice to the Bank of any litigation, arbitration or governmental investigation or proceeding not previously disclosed by the Borrower to the Bank which has been instituted or, to the knowledge of the Borrower, is threatened against the Borrower or any of its Subsidiaries or to which any of their respective properties is subject which might reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Integrity Media Inc)

Notice of Proceedings. The BorrowerBorrowers, promptly upon becoming aware, shall give written notice to the Bank Lender of any litigation, arbitration or governmental investigation or proceeding not previously disclosed by the Borrower Borrowers to the Bank Lender which has been instituted or, to the knowledge of the BorrowerBorrowers, is threatened against the any Borrower or any of its Subsidiaries or to which any of their respective its properties is subject which might reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement

Notice of Proceedings. The Borrower, promptly upon becoming aware, shall give written notice to the Bank Lender of any litigation, arbitration or governmental investigation or proceeding not previously disclosed by the Borrower to the Bank Lender which has been instituted or, to the knowledge of the Borrower, is threatened against the Borrower or any of its Subsidiaries or to which any of their respective properties is subject which might reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Ari Network Services Inc /Wi)

Notice of Proceedings. The BorrowerBorrowers, promptly upon becoming aware, shall give written notice to the Bank Lender of any litigation, arbitration or governmental investigation or proceeding not previously disclosed by the Borrower Borrowers to the Bank Lender which has been instituted or, to the knowledge of the BorrowerBorrowers, is threatened in writing against the any Borrower or any of its Borrowers’ Subsidiaries or to which any of their respective Borrowers’ properties is subject which might reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Hill International, Inc.)

Notice of Proceedings. The Borrower, promptly upon becoming aware, shall give written notice to the Bank Lender of any litigation, arbitration or governmental investigation or proceeding not previously disclosed by the Borrower to the Bank Lender which has been instituted or, to the knowledge of the Borrower, is threatened against the Borrower or any of its Subsidiaries or to which any of their respective properties is subject which might reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Revolving Credit Agreement (American Land Lease Inc)

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Notice of Proceedings. The Borrower, promptly upon becoming aware, shall give written notice to the Bank of any litigation, arbitration or governmental investigation or proceeding not previously disclosed by the Borrower to the Bank which has been instituted or, to the knowledge of the Borrower, is threatened against the Borrower or any of its Subsidiaries or to which any of their its respective properties is subject which might reasonably be expected to have a Material Adverse EffectEffect or cause an Event of Default or an Unmatured Event of Default.

Appears in 1 contract

Samples: Loan Agreement (Koss Corp)

Notice of Proceedings. The BorrowerBorrowers, promptly upon becoming aware, shall give written notice to the Bank Lender of any litigation, arbitration or governmental investigation or proceeding not previously disclosed by the Borrower Borrowers to the Bank Lender which has been instituted or, to the knowledge of the BorrowerBorrowers, is threatened against the any Borrower or any of its Subsidiaries or to which any of their respective properties is subject which might reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Amerinac Holding Corp.)

Notice of Proceedings. The Borrower, promptly upon becoming aware, shall give written notice to the Bank Lender of any litigation, arbitration or governmental investigation or proceeding not previously disclosed by the Borrower to the Bank Lender which has been instituted or, to the knowledge of the Borrower, is threatened in writing against the Borrower or any of its Subsidiaries or to which any of their respective its properties is subject which might reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Hill International, Inc.)

Notice of Proceedings. The Borrower, promptly upon becoming aware, shall give written notice to the Bank of any litigation, arbitration or governmental investigation or proceeding not previously disclosed by the Borrower to the Bank which has been instituted or, to the knowledge of the Borrower, is threatened against the Borrower or any of its Subsidiaries Obligor or to which any of their respective properties is subject which might could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Synergetics Usa Inc)

Notice of Proceedings. The Borrower, promptly upon becoming aware, shall give written notice to the Bank of any litigation, arbitration or governmental investigation or proceeding not previously disclosed by the Borrower to the Bank which has been instituted or, to the knowledge of the Borrower, is threatened in writing against the Borrower or any of its Subsidiaries or to which any of their respective properties is subject which might reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Parlux Fragrances Inc)

Notice of Proceedings. The BorrowerEach of the Borrowers, promptly upon becoming aware, shall give written notice to the Bank of any litigation, arbitration or governmental investigation or proceeding not previously disclosed by the Borrower Borrowers to the Bank which has been instituted or, to the knowledge of the BorrowerBorrowers, is threatened against the Borrower Borrowers or any of its their Subsidiaries or to which any of their respective properties is subject which might reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Lifeway Foods Inc)

Notice of Proceedings. The Borrower, promptly upon becoming aware, shall give written notice to the Bank of any litigation, arbitration or governmental investigation or proceeding not previously disclosed by the Borrower to the Bank which has been instituted or, to the knowledge of the Borrower, is threatened against the Borrower or any of its Subsidiaries or to which any of its / their respective properties is subject which might reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Bridge Loan Agreement (Hunt J B Transport Services Inc)

Notice of Proceedings. The BorrowerBorrowers, promptly upon becoming aware, shall give written notice to the Bank of any litigation, arbitration or governmental investigation or proceeding not previously disclosed by the Borrower Borrowers to the Bank which has been instituted or, to the knowledge of the BorrowerBorrowers, is threatened against the either Borrower or any of its Subsidiaries or to which any of their respective its properties is subject which might reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Inland American Real Estate Trust, Inc.)

Notice of Proceedings. The Borrower, promptly upon becoming aware, shall give written notice to the Bank Lenders of any litigation, arbitration or governmental investigation or proceeding not previously disclosed by the Borrower to the Bank Lenders which has been instituted or, to the knowledge of the Borrower, is threatened against the Borrower or any of its Subsidiaries or to which any of their respective its properties is subject which might reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (FC Global Realty Inc)

Notice of Proceedings. The Borrower, promptly upon becoming aware, shall give written notice to each Lender and the Bank Secured Party Representative of any litigation, arbitration or governmental investigation or proceeding not previously disclosed by the Borrower to the Bank Lenders which has been instituted or, to the knowledge of the Borrower, is threatened against the Borrower or any of its Subsidiaries or any Guarantor or to which any of their its respective properties is subject which might reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Senior Loan, Security and Pledge Agreement (DJSP Enterprises, Inc.)

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