Common use of Proceedings or Changes Clause in Contracts

Proceedings or Changes. Promptly, and in any event within five (5) Business Days after such Loan Party becomes aware of (A) any proceeding including, without limitation, any proceeding the subject of which is based in whole or in part on a commercial tort claim being instituted or threatened to be instituted by or against a Loan Party or any of its Subsidiaries in any federal, state, local or foreign court or before any commission or other regulatory body (federal, state, local or foreign) involving a sum in excess of $1,000,000 and together with the sum involved in all other similar proceedings, in excess of $5,000,000 in the aggregate, (B) any order, judgment or decree involving a sum in excess of $1,000,000 and together with all other orders, judgments or decrees, in excess of $5,000,000 in the aggregate, being entered against a Loan Party or any of its Subsidiaries or any of their respective property or assets, (C) any notice or correspondence issued to any Loan Party or Subsidiary thereof by a Governmental Authority warning, threatening or advising of the commencement of any investigation involving such Loan Party or Subsidiary or any of its property or assets, (D) any change, development or event which has had or could reasonably be expected to have a Material Adverse Effect, (E) the cessation of the business relationships of such Loan Party with any customers of such Loan Party whose purchases have accounted for more than 25% in the aggregate of the sales of such Loan Party in any year since the fiscal year ended December 31, 2019, or the receipt by such Loan Party of any notice (which shall be written or subject to the knowledge of senior management) of an intention to terminate any such relationship, (F) [reserved], (G) a change in the location of any Collateral from the locations specified in Schedule 6.1(b) or (H) a proposed or actual change of the name, identity, organizational structure or jurisdiction of organization of any Loan Party or Subsidiary thereof, a written statement describing such proceeding, order, judgment, decree, change, development or event and any action being taken by such Loan Party or any of its Subsidiaries with respect thereto.

Proceedings or Changes. Promptly, and in any event within five (5) Business Days after such Loan Party the Borrower becomes aware of (A) any proceeding including, without limitation, any proceeding the subject of which is based in whole or in part on a commercial tort claim being instituted or threatened to be instituted by or against a Loan Party or any of its Subsidiaries in any federal, state, local or foreign court or before any commission or other regulatory body (federal, state, local or foreign) involving a sum in excess of $1,000,000 and sum, together with the sum involved in all other similar proceedings, in excess of $5,000,000 1,000,000 in the aggregate, (B) any order, judgment or decree involving a sum in excess of $1,000,000 and sum, together with the sum of all other orders, judgments or decrees, in excess of $5,000,000 1,000,000 in the aggregate, aggregate being entered against a Loan Party the Borrower or any of its Subsidiaries or any of their respective property or assets, (C) any notice or correspondence issued to any Loan Party or Subsidiary thereof by a Governmental Authority warning, threatening or advising of the commencement of any investigation involving such Loan Party or Subsidiary or any of its property or assets, (D) any actual or prospective change, development or event which has had or could reasonably be expected to have a Material Adverse Effect, (E) the cessation of the business relationships of such Loan Party the Borrower with any customers of such Loan Party the Borrower whose purchases bxxxxxxx for services rendered have accounted for more than 25% fifteen percent (15%) in the aggregate of the sales gross receipts of such Loan Party the Borrower in any year since the fiscal year ended December 31, 20192005, or the receipt by such Loan Party the Borrower of any notice (which shall be written or subject to the knowledge of senior management) of an intention to terminate any such relationship, (F) [reserved]the cessation of the business relationships of the Borrower with any vendors or suppliers of the Borrower that have accounted for more than fifteen percent (15%) in the aggregate (either in number or volume of business) for the goods and services to the Borrower in any year since the fiscal year ended December 31, 2005, or the receipt by the Borrower of any notice of an intention to terminate any such relationship, (G) a change in the location of any Collateral from the locations specified in Schedule 6.1(b) ), or (H) a proposed or actual change of the name, identity, organizational corporate or limited liability company, as the case may be, structure or jurisdiction of organization of any Loan Party or Subsidiary thereof, a written statement describing such proceeding, order, judgment, decree, change, development or event and any action being taken by such Loan Party or any of its Subsidiaries with respect thereto.

Proceedings or Changes. Promptly, and in any event within five (5) Business Days after such Loan Party the Borrower becomes aware of (A) any proceeding including, without limitation, any proceeding the subject of which is based in whole or in part on a commercial tort claim being instituted or threatened to be instituted by or against a Loan Party or any of its Subsidiaries in any federal, state, local or foreign court or before any commission or other regulatory body (federal, state, local or foreign) involving a sum in excess of $1,000,000 and sum, together with the sum involved in all other similar proceedings, in excess of $5,000,000 100,000 in the aggregate, (B) any order, judgment or decree involving a sum in excess of $1,000,000 and sum, together with the sum of all other orders, judgments or decrees, in excess of $5,000,000 100,000 in the aggregate, aggregate being entered against a Loan Party or any of its Subsidiaries or any of their respective property or assets, (C) any notice or correspondence issued to any either Loan Party or Subsidiary thereof by a Governmental Authority warning, threatening or advising of the commencement of any investigation involving such Loan Party or Subsidiary or any of its property or assets, (D) any actual or prospective change, development or event which has had or could reasonably be expected to have a Material Adverse Effect, (E) the cessation of the business relationships relationship of such Loan Party the Borrower with any customers customer of such Loan Party the Borrower whose purchases have accounted for more than 2510% in the aggregate of the sales of such Loan Party the Borrower in any year since the fiscal year ended December 31, 20192004, or the receipt by such Loan Party the Borrower of any notice (which shall be written or subject to the knowledge of senior management) of an intention to terminate any such relationship, (F) [reserved]the cessation of the business relationship of the Borrower with any vendor or supplier of the Borrower that have accounted for more than 10% in the aggregate (in volume of business) for the goods and services sold to the Borrower in any year since the fiscal year ended December 31, 2004, or the receipt by the Borrower of any notice of an intention to terminate any such relationship, (G) a change in the location of any Collateral from the locations specified in Schedule 6.1(b) or ), (H) a proposed or actual change of the name, identity, organizational corporate structure or jurisdiction of organization of any either Loan Party or Subsidiary thereof, or (I) any Collateral is subject to voluntary recall or a recall by or in cooperation with the United States Consumer Products Safety Commission or any other Governmental Authority for any reason, a written statement describing such proceeding, order, judgment, decree, change, recall, development or event and any action being taken by such Loan Party or any of its Subsidiaries with respect thereto.

Proceedings or Changes. Promptly, and in any event within five (5) Business Days after such Loan Party the Borrower becomes aware of (A) any proceeding (other than those disclosed in this Agreement and the Schedules to this Agreement) including, without limitation, any proceeding the subject of which is based in whole or in part on a commercial tort claim being instituted or threatened to be instituted by or against a Loan Party the Borrower or any of its Subsidiaries in any federal, state, local or foreign court or before any commission or other regulatory body (federal, state, local or foreign) involving a sum in excess of $1,000,000 and sum, together with the sum involved in all other similar proceedings, in excess of $5,000,000 10,000 in the aggregate, (B) any order, judgment or decree involving a sum in excess of $1,000,000 and sum, together with the sum of all other orders, judgments or decrees, in excess of $5,000,000 10,000 in the aggregate, aggregate being entered against a Loan Party the Borrower or any of its Subsidiaries or any of their respective its property or assets, (C) any material notice or correspondence issued to any Loan Party the Borrower or Subsidiary thereof by a Governmental Authority warning, threatening or advising of the commencement of any investigation involving such Loan Party the Borrower or Subsidiary or any of its property or assets, (D) any change, development or event which has had or could reasonably be expected to have a Material Adverse Effect, (E) the cessation of the business relationships of such Loan Party relationship with any customers customer of such Loan Party the Borrower whose purchases have accounted for more than 2510% in the aggregate of the sales of such Loan Party the Borrower in any year since the fiscal year ended ending December 31, 2019, or the receipt by such Loan Party of any notice (which shall be written or subject to the knowledge of senior management) of an intention to terminate any such relationship2003, (F) [reserved], (G) a change in the location of any Collateral from the locations specified in Schedule 6.1(b) except for changes as otherwise permitted herein or (HG) a proposed or actual change of the name, identity, organizational corporate structure or jurisdiction of organization or formation of the Borrower or any Loan Party or Subsidiary thereofof its Subsidiaries, a written statement describing such proceeding, order, judgment, decree, change, development or event and any action being taken by such Loan Party or any of its Subsidiaries the Borrower with respect thereto.