Common use of Notice of Litigation and Judgments Clause in Contracts

Notice of Litigation and Judgments. The Borrower will give notice to the Agent in writing within five (5) Business Days of becoming aware of any litigation or proceedings threatened in writing or any pending litigation and proceedings affecting the Borrower, any Guarantor or any of their respective Subsidiaries or to which the Borrower, any Guarantor or any of their respective Subsidiaries is or is to become a party that could either cause a Default or could reasonably be expected to have a Material Adverse Effect and stating the nature and status of such litigation or proceedings. The Borrower will give notice to the Agent, in writing, in form and detail reasonably satisfactory to the Agent and each of the Lenders, within ten (10) days of any judgment not covered by insurance, whether final or otherwise, against the Borrower, any Guarantor or any of their respective Subsidiaries in an amount in excess of $5,000,000.00.

Appears in 5 contracts

Samples: Term Loan Agreement (Mid-America Apartments, L.P.), Term Loan Agreement (Mid-America Apartments, L.P.), Term Loan Agreement (Mid America Apartment Communities Inc)

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Notice of Litigation and Judgments. The Borrower will give notice to the Agent in writing within five (5) Business Days 15 days of becoming aware of any litigation or proceedings threatened in writing or any pending litigation and proceedings affecting the Borrower, any Guarantor the Guarantors or any of their respective Subsidiaries or to which the Borrower, any Guarantor or any of their respective Subsidiaries such Persons is or is to become a party involving an uninsured claim against such Person that could either cause a Default or could reasonably be expected to have a Material Adverse Effect materially adverse effect on the Borrower or the Guarantors and stating the nature and status of such litigation or proceedings. The Borrower will give notice to the Agent, in writing, in form and detail reasonably satisfactory to the Agent and each of the LendersBanks, within ten (10) days of any judgment not covered by insurance, whether final or otherwise, against the Borrower, any Guarantor or the Guarantors, any of their respective Subsidiaries in an amount in excess of $5,000,000.00.

Appears in 2 contracts

Samples: Revolving Credit Agreement (New Plan Excel Realty Trust Inc), Revolving Credit Agreement (Excel Realty Trust Inc)

Notice of Litigation and Judgments. The Borrower Borrowers will give notice to the Agent in writing within five (5) Business Days of becoming aware of any litigation or proceedings threatened in writing or any pending litigation and proceedings affecting any Borrower or the Borrower, any Guarantor or any of their respective Subsidiaries or to which any Borrower or the Borrower, any Guarantor or any of their respective Subsidiaries is or is to become a party involving an uninsured claim against any Borrower or the Guarantor that could either cause a Default or could reasonably be expected to have a Material Adverse Effect and stating the nature and status of such litigation or proceedings. The Borrower Borrowers and the Guarantor will give notice to the Agent, in writing, in form and detail reasonably satisfactory to the Agent and each of the Lenders, within ten (10) days of any judgment not covered by insurance, whether final or otherwise, against any Borrower or the Borrower, any Guarantor or any of their respective Subsidiaries in an amount in excess of $5,000,000.00100,000.00.

Appears in 1 contract

Samples: Loan Agreement (Comstock Homebuilding Companies, Inc.)

Notice of Litigation and Judgments. The Borrower will give notice to the Agent in writing within five (5) Business Days of becoming aware of any litigation or proceedings threatened in writing or any pending litigation and proceedings affecting the Borrower, any Guarantor or any of their respective Subsidiaries or to which the Borrower, any Guarantor or any of their respective Subsidiaries is or is to become a party that could either cause a Default or could reasonably be expected to have a Material Adverse Effect and stating the nature and status of such litigation or proceedings. The Borrower will give notice to the Agent, in writing, in form and detail reasonably satisfactory to the Agent and each of the LendersLender’s, within ten (10) days of any judgment not covered by insurance, whether final or otherwise, against the Borrower, any Guarantor or any of their respective Subsidiaries in an amount in excess of $5,000,000.00.

Appears in 1 contract

Samples: Term Loan Agreement (Mid America Apartment Communities Inc)

Notice of Litigation and Judgments. The Borrower will give notice to the Agent in writing within five (5) Business Days of becoming aware of any litigation or proceedings threatened in writing or any pending litigation and proceedings affecting the Borrower, any Guarantor Borrower or any of their respective its Subsidiaries or the REIT, or to which the Borrower, any Guarantor Borrower or any of their respective its Subsidiaries or the REIT is or is to become a party that could reasonably be expected to either cause a Default or could reasonably be expected to have a Material Adverse Effect and stating the nature and status of such litigation or proceedings. The Borrower will give notice to the Agent, in writing, in form and detail reasonably satisfactory to the Agent and each of the Lenders, within ten (10) days of any judgment not covered by insurancejudgment, whether final or otherwise, against the Borrower, any Guarantor Borrower or any of their respective its Subsidiaries or the REIT in an amount in excess of $5,000,000.0020,000,000.00 that is not covered by insurance.

Appears in 1 contract

Samples: Credit Agreement (Mid-America Apartments, L.P.)

Notice of Litigation and Judgments. The Borrower will give notice to the Agent in writing within five (5) Business Days 15 days of becoming aware of any litigation or proceedings threatened in writing or any pending litigation and proceedings affecting any of the Borrower, any its Subsidiaries, the Property Owner or the Guarantor or any of their respective Subsidiaries or to which the Borrower, any Guarantor or any of their respective Subsidiaries such Persons is or is to become a party involving an uninsured claim against any of such Persons that could either cause a Default or could reasonably be expected to have a Material Adverse Effect materially adverse effect on any of such Persons and stating the nature and status of such litigation or proceedings. The Borrower will give notice to the Agent, in writing, in form and detail reasonably satisfactory to the Agent and each of the LendersBanks, within ten (10) days of any judgment not covered by insurance, whether final or otherwise, against the Borrower, any of its Subsidiaries, the Property Owner or the Guarantor or any of their respective Subsidiaries in an amount in excess of $5,000,000.00250,000.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Wellsford Real Properties Inc)

Notice of Litigation and Judgments. The Borrower will give notice to the Agent in writing within five (5) Business Days 15 days of becoming aware of any litigation or proceedings threatened in writing or any pending litigation and proceedings affecting any of the Borrower, any the Property Owner, the Member, the Manager or the Guarantor or any of their respective Subsidiaries or to which the Borrower, any Guarantor or any of their respective Subsidiaries such Persons is or is to become a party involving an uninsured claim against any of such Persons that could either cause a Default or could reasonably be expected to have a Material Adverse Effect materially adverse effect on any of such Persons and stating the nature and status of such litigation or proceedings. The Borrower will give notice to the Agent, in writing, in form and detail reasonably satisfactory to the Agent and each of the LendersBanks, within ten (10) days of any judgment not covered by insurance, whether final or otherwise, against any of the Borrower, any the Property Owner, the Manager, the Member or the Guarantor or any of their respective Subsidiaries in an amount in excess of $5,000,000.00250,000.

Appears in 1 contract

Samples: Loan Agreement (Wellsford Real Properties Inc)

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Notice of Litigation and Judgments. The Borrower will give notice to the Agent in writing within five (5) Business Days of becoming aware of any litigation or proceedings threatened in writing or any pending litigation and proceedings affecting the Borrower, any Guarantor Borrower or any of their respective its Subsidiaries or the REIT, or to which the Borrower, any Guarantor Borrower or any of their respective its Subsidiaries or the REIT is or is to become a party that could either cause a Default or could reasonably be expected to have a Material Adverse Effect and stating the nature and status of such litigation or proceedings. The Borrower will give notice to the Agent, in writing, in form and detail reasonably satisfactory to the Agent and each of the Lenders, within ten (10) days of any judgment not covered by insurance, whether final or otherwise, against the Borrower, any Guarantor Borrower or any of their respective its Subsidiaries or the REIT in an amount in excess of $5,000,000.00.

Appears in 1 contract

Samples: Credit Agreement (Mid-America Apartments, L.P.)

Notice of Litigation and Judgments. The Borrower will give notice to the Agent in writing within five (5) Business Days of becoming aware of any litigation or proceedings threatened in writing or any pending litigation and proceedings affecting the Borrower, any Guarantor Borrower or any of their respective its Subsidiaries or the REIT, or to which the Borrower, any Guarantor Borrower or any of their respective its Subsidiaries or the REIT is or is to become a party that could either cause a Default or could reasonably be expected to have a Material Adverse Effect and stating the nature and status of such litigation or proceedings. The Borrower will give notice to the Agent, in writing, in form and detail reasonably satisfactory to the Agent and each of the Lenders, within ten (10) days of any judgment not covered by insurance, whether final or otherwise, against the Borrower, any Guarantor Borrower or any of their respective its Subsidiaries or the REIT in an amount in excess of $5,000,000.0020,000,000.00.

Appears in 1 contract

Samples: Credit Agreement (Mid-America Apartments, L.P.)

Notice of Litigation and Judgments. The Borrower will give notice to the Agent in writing within five (5) Business Days 15 days of becoming aware of any litigation or proceedings threatened in writing or any pending litigation and proceedings affecting the Borrower, any Borrower or the Guarantor or any of their respective Subsidiaries or to which the Borrower, any Borrower or the Guarantor or any of their respective Subsidiaries is or is to become a party involving an uninsured claim against the Borrower or the Guarantor that could either cause a Default or could reasonably be expected to have a Material Adverse Effect materially adverse effect on the Borrower or the Guarantor and stating the nature and status of such litigation or proceedings. The Borrower will give notice to the Agent, in writing, in form and detail reasonably satisfactory to the Agent and each of the Lenders, within ten (10) days of any judgment not covered by insurance, whether final or otherwise, against the Borrower, any Borrower or the Guarantor or any of their respective Subsidiaries in an amount in excess of $5,000,000.00250,000.

Appears in 1 contract

Samples: Revolving Credit Agreement (Wellsford Real Properties Inc)

Notice of Litigation and Judgments. The Borrower will give notice to the Agent in writing within five (5) Business Days 15 days of becoming aware of any litigation or proceedings threatened in 49 writing or any pending litigation and proceedings affecting the Borrower, any Guarantor the Guarantors or any of their respective Subsidiaries or to which the Borrower, any Guarantor or any of their respective Subsidiaries such Persons is or is to become a party involving an uninsured claim against such Person that could either cause a Default or could reasonably be expected to have a Material Adverse Effect materially adverse effect on the Borrower or the Guarantors and stating the nature and status of such litigation or proceedings. The Borrower will give notice to the Agent, in writing, in form and detail reasonably satisfactory to the Agent and each of the LendersBanks, within ten (10) days of any judgment not covered by insurance, whether final or otherwise, against the Borrower, any Guarantor or the Guarantors, any of their respective Subsidiaries in an amount individually or in the aggregate in excess of $5,000,000.00.

Appears in 1 contract

Samples: Revolving Credit Agreement (Price Legacy Corp)

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