Common use of Notice of Litigation Clause in Contracts

Notice of Litigation. Promptly after the commencement thereof, notice of all actions, suits, and proceedings before any court or governmental department, commission, board, bureau, agency, or instrumentality, domestic or foreign, affecting the Borrower or any Subsidiary which, if determined adversely to the Borrower or such Subsidiary, could have a material adverse effect on the financial condition, properties, or operations of the Borrower or such Subsidiary;

Appears in 9 contracts

Samples: Term Loan Agreement (Community Bankshares Inc /Ga/), Loan Agreement (Bankatlantic Bancorp Inc), Stock Pledge and Security Agreement (Community Bankshares Inc /Ga/)

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Notice of Litigation. Promptly after the commencement thereof, notice of all actions, suits, and proceedings before any court Governmental Authority or governmental department, commission, board, bureau, agency, or instrumentality, domestic or foreign, arbitrator affecting the Borrower or any Subsidiary which, if determined adversely to the Borrower or such Subsidiary, could have a material adverse effect on the business, condition (financial conditionor otherwise), propertiesoperations, prospects, or operations properties of the Borrower or such Subsidiary;

Appears in 8 contracts

Samples: Credit Agreement (Home Solutions of America Inc), Loan Agreement (Home Solutions of America Inc), Loan Agreement (Rf Monolithics Inc /De/)

Notice of Litigation. Promptly after the commencement thereof, notice of all actions, suits, and proceedings before any court or governmental department, commission, board, bureau, agency, or instrumentality, domestic or foreign, affecting the Borrower or any Subsidiary Borrower, which, if determined adversely to the Borrower or such SubsidiaryBorrower, could have a material adverse effect on the financial condition, properties, or operations of the Borrower or such SubsidiaryBorrower;

Appears in 6 contracts

Samples: Guaranty Agreement (Adera Mines LTD), Agented Credit Agreement (Orchids Paper Products CO /DE), Revolving Credit and Term Loan Agreement (Xeta Technologies Inc)

Notice of Litigation. Promptly after the commencement thereof, notice of all actions, suits, and proceedings before any court or governmental department, commission, board, bureau, agency, or instrumentality, domestic or foreign, affecting the Borrower or any Subsidiary Subsidiary, which, if determined adversely to the Borrower or such Subsidiary, could have a material adverse effect on the financial condition, properties, or operations of the Borrower or such Subsidiary;

Appears in 6 contracts

Samples: Revolving Loan Agreement (Photomedex Inc), Revolving Credit Agreement (Lasersight Inc /De), Revolving Loans and Foreign Exchange Facilities Agreement (Mestek Inc)

Notice of Litigation. Promptly after the commencement thereof, notice of all actions, suits, and proceedings before any court or governmental department, commission, board, bureau, agency, or instrumentality, domestic or foreign, affecting the Borrower or any Subsidiary which, if determined adversely which could reasonably be expected to result in a judgment against the Borrower or such Subsidiary, Subsidiary in excess of $10,000,000 (to the extent not covered by insurance) or could reasonably be expected to have a material adverse effect on the financial condition, properties, or operations of the Borrower or such Subsidiary;Material Adverse Effect.

Appears in 5 contracts

Samples: Credit Agreement (Beazer Homes Usa Inc), Credit Agreement (Beazer Homes Usa Inc), Credit Agreement (Beazer Homes Usa Inc)

Notice of Litigation. Promptly after the commencement thereof, notice of all actions, suits, and proceedings before any court or governmental department, commission, board, bureau, agency, or instrumentality, domestic or foreign, affecting the Borrower or any Subsidiary which, if determined adversely to the Borrower or such Subsidiary, could have a material adverse effect on the financial condition, properties, or operations of the Borrower or such Subsidiary;Borrower.

Appears in 5 contracts

Samples: Loan and Security Agreement (Viewcast Com Inc), Exchange Agreement (Viewcast Com Inc), Loan and Security Agreement (Viewcast Com Inc)

Notice of Litigation. Promptly after the commencement thereof, notice of all actions, suits, and proceedings before any court or governmental department, commission, board, bureau, agency, or instrumentality, domestic or foreign, affecting the Borrower or any Subsidiary which, if determined adversely to the Borrower or such Subsidiary, could have a material adverse effect on the financial condition, properties, or operations condition of the Borrower or and such SubsidiarySubsidiaries on a Consolidated basis;

Appears in 4 contracts

Samples: Credit and Term Loan Agreement, Revolving Credit and Term Loan Agreement (Burlington Coat Factory Warehouse Corp), Revolving Credit and Term Loan Agreement (Burlington Coat Factory Warehouse Corp)

Notice of Litigation. Promptly after the commencement thereof, notice of all actions, suits, and proceedings before any court or governmental department, commission, board, bureau, agency, or instrumentality, domestic or foreign, affecting the Borrower or any Subsidiary which, if determined adversely to the Borrower or such Subsidiary, could reasonably be expected to have a material adverse effect on the financial condition, properties, or operations of the Borrower or such Subsidiary;

Appears in 3 contracts

Samples: Agented Revolving Credit Agreement (Americas Carmart Inc), Revolving Credit Agreement (Americas Carmart Inc), Agented Revolving Credit Agreement (Crown Group Inc /Tx/)

Notice of Litigation. Promptly after the commencement thereof, notice of all actions, suits, and proceedings before any court or governmental department, commission, board, bureau, agency, or instrumentality, domestic or foreign, affecting the Borrower borrower or any Subsidiary which, if determined adversely to the Borrower or such Subsidiary, could have a material adverse effect on the financial condition, properties, or operations of the Borrower or such Subsidiary;

Appears in 2 contracts

Samples: Credit Loan Agreement (Zevex International Inc), Credit Loan Agreement (Zevex International Inc)

Notice of Litigation. Promptly after the commencement thereof, notice of all actions, suits, and proceedings before any court or governmental department, commission, board, bureau, agency, or instrumentality, domestic or foreign, affecting the Borrower or any Subsidiary Subsidiary, which, if determined adversely to the Borrower or such Subsidiary, could would have a material adverse effect on the financial condition, properties, or operations of the Borrower or such Subsidiaryand its Subsidiaries taken as a whole;

Appears in 2 contracts

Samples: Credit and Security Agreement (Sun Hydraulics Corp), Credit and Security Agreement (Sun Hydraulics Corp)

Notice of Litigation. Promptly after the commencement thereof, notice of all actions, suits, and proceedings before any court or governmental department, commission, board, bureau, agency, or instrumentality, domestic or foreign, affecting the Borrower or any Subsidiary which, if determined adversely to the Borrower or such Subsidiary, could have a material adverse effect on the financial condition, properties, condition or operations properties of the Borrower or such Subsidiary;.

Appears in 1 contract

Samples: Loan Agreement (Reliability Inc)

Notice of Litigation. Promptly after the commencement thereof, notice of or all actions, suits, suits and proceedings before any court courts or governmental Governmental Authority department, commission, board, board or bureau, agency, or instrumentality, domestic or foreign, affecting the Borrower or any Subsidiary which, if determined adversely to the Borrower or such Subsidiary, could have a material adverse effect on the financial condition, properties, prospects or operations of the Borrower or such Subsidiary;; and

Appears in 1 contract

Samples: Credit Facility Agreement (Majesco)

Notice of Litigation. Promptly after the commencement thereof, notice of all actions, suits, and proceedings before any court or governmental department, commission, board, bureau, agency, or instrumentality, domestic or foreign, affecting the Borrower or any Subsidiary Subsidiary, which, if determined adversely in any one case or in the aggregate, are material to the Borrower or such Subsidiary, could have and its Subsidiaries taken as a material adverse effect on the financial condition, propertieswhole, or operations adversely affect the ability of the Borrower or such Subsidiaryto perform its obligations under the Loan Documents;

Appears in 1 contract

Samples: Pledge Agreement (Einstein Noah Bagel Corp)

Notice of Litigation. Promptly after the commencement thereof, notice of all actions, suits, and proceedings before any court or governmental department, commission, board, bureau, agency, or instrumentality, domestic or foreign, affecting the Borrower or any Subsidiary whichthat, if determined adversely to the Borrower or such Subsidiary, could have a material adverse effect on the financial condition, properties, or operations of the Borrower or such Subsidiary;

Appears in 1 contract

Samples: Promissory Note Agreement (Integrated Environmental Technologies, Ltd.)

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Notice of Litigation. Promptly after the commencement thereof, notice of all actions, suits, and proceedings proceedings, investigations or inquiries before any court or governmental department, commission, board, bureau, agency, or instrumentality, domestic or foreign, affecting the Borrower or any Subsidiary the Subsidiaries , which, if determined adversely to the Borrower or such Subsidiarythe Subsidiaries, could have a material adverse effect on the financial condition, properties, or operations of the Borrower or such Subsidiarythe Subsidiaries;

Appears in 1 contract

Samples: Loan and Merger Option Agreement (Sten Corp)

Notice of Litigation. Promptly after the commencement thereof, notice of all actions, suits, and proceedings before any court or governmental department, commission, board, bureau, agency, or instrumentality, domestic or foreign, affecting the Borrower or any Subsidiary which, if determined adversely to the Borrower or such Subsidiary, could have a material adverse effect on the financial condition, properties, or operations of the Borrower or such Subsidiary;

Appears in 1 contract

Samples: Term Loan Agreement (Citizens Bancshares Corp /Ga/)

Notice of Litigation. Promptly after the commencement thereof, notice of all actions, suits, and proceedings before any court or governmental department, commission, board, bureau, agency, or instrumentality, domestic or foreign, affecting the Borrower or any Subsidiary which, if determined adversely to the Borrower or such Subsidiary, could would reasonably be expected to have a material adverse effect on the financial condition, properties, or operations of the Borrower or such SubsidiaryMaterial Adverse Effect;

Appears in 1 contract

Samples: Credit Agreement (Iri International Corp)

Notice of Litigation. Promptly after upon the commencement thereof, notice of all actions, suits, and proceedings before any court or governmental department, commission, board, bureau, agency, or instrumentality, domestic or foreign, affecting the Borrower or any Subsidiary Borrower, which, if determined adversely to the Borrower or such Subsidiaryadversely, could have a material adverse effect on the financial condition, properties, or operations of the Borrower or such SubsidiaryBorrower;

Appears in 1 contract

Samples: Credit Agreement (Golden Grain Energy)

Notice of Litigation. Promptly after the commencement thereof, notice of all actions, suits, and proceedings before any court or governmental department, commission, board, bureau, agency, or instrumentality, domestic or foreign, affecting the each Borrower or any Subsidiary or Guarantor which, if determined adversely to the each Borrower or such SubsidiarySubsidiary or Guarantor, could have a material adverse effect on the financial condition, properties, or operations of the Borrower or such Subsidiary;Material Adverse Effect; (i)

Appears in 1 contract

Samples: Credit Agreement      credit Agreement (Impath Inc)

Notice of Litigation. Promptly after the commencement thereof, notice of all actions, suits, and proceedings before any court or governmental department, commission, board, bureau, agency, or instrumentality, domestic or foreign, affecting the Borrower or any Subsidiary RFSP, which, if determined adversely to the Borrower or such Subsidiaryadversely, could have a material adverse effect on the their respective financial conditionconditions, properties, or operations of the Borrower or such Subsidiaryoperations;

Appears in 1 contract

Samples: Credit and Term Loan Agreement (RFS Hotel Investors Inc)

Notice of Litigation. Promptly after the commencement thereof, notice --------------------- of all actions, suits, and proceedings before any court or governmental department, commission, board, bureau, agency, or instrumentality, domestic or foreign, affecting the Borrower Company or any Subsidiary Subsidiary, which, if determined adversely to the Borrower Company or such Subsidiary, could have a material adverse effect on the financial condition, properties, or operations of the Borrower Company or such Subsidiary;

Appears in 1 contract

Samples: Debenture Purchase Agreement (E Financial Depot Com)

Notice of Litigation. Promptly after the commencement thereof, notice of all actions, suits, and proceedings before any court or governmental department, commission, board, bureau, agency, or instrumentality, domestic or foreign, affecting the Borrower or any Subsidiary which, if determined adversely to the Borrower or such SubsidiaryBorrower, could have a material adverse effect on the financial condition, properties, or operations of the Borrower or such SubsidiaryBorrower;

Appears in 1 contract

Samples: Loan Agreement (Chevy Chase Preferred Capital Corp)

Notice of Litigation. Promptly after the commencement thereof, notice of all actions, suits, and proceedings before any court or governmental department, commission, board, bureau, agency, or instrumentality, domestic or foreign, affecting the Borrower Company or any Subsidiary Subsidiary, which, if determined adversely to the Borrower Company or such Subsidiary, could have a material adverse effect on the financial condition, properties, or operations of the Borrower Company or such Subsidiary;

Appears in 1 contract

Samples: Debenture Purchase Agreement (National Boston Medical Inc)

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