Common use of Notice Regarding Material Contracts Clause in Contracts

Notice Regarding Material Contracts. Promptly, and in any event within ten (10) Business Days (i) after any Material Contract of Parent Borrower or any of its Subsidiaries is terminated or amended in a manner that is materially adverse to Parent Borrower or such Subsidiary, as the case may be, (ii) the occurrence of a default under any Material Contract or (iii) any new Material Contract is entered into, a written statement describing such event, with copies of such material amendments or new contracts, delivered to Administrative Agent (to the extent such delivery is permitted by the terms of any such Material Contract, provided no such prohibition on delivery shall be effective if it were bargained for by Parent Borrower or its applicable Subsidiary with the intent of avoiding compliance with this Section 5.1(k)), and an explanation of any actions being taken with respect thereto;

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (RLJ Entertainment, Inc.), Credit and Guaranty Agreement (RLJ Entertainment, Inc.)

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Notice Regarding Material Contracts. Promptly, and in any event within ten (10) Business Days (i) after any Material Contract of Parent Borrower Holdings or any of its Subsidiaries is terminated (other than pursuant to its terms) or amended in a manner that is materially adverse to Parent Borrower Holdings and its Subsidiaries, taken as a whole, or such Subsidiary, as the case may be, (ii) the occurrence of a default under any Material Contract or (iii) any new Material Contract (other than any contract in the ordinary course of business) is entered into, a written statement describing such event, with copies of such material amendments or new contracts, delivered to Administrative Agent (to the extent such delivery is permitted by the terms of any such Material Contract; provided, provided no such prohibition on delivery shall be effective if it were bargained for by Parent Borrower Holdings or its applicable Subsidiary with the intent of avoiding compliance with this Section 5.1(k5.1(m)), and an explanation of any actions being taken with respect thereto;

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Tronox LTD), Credit and Guaranty Agreement (Tronox LTD)

Notice Regarding Material Contracts. Promptly, and in any event within ten (10) Business Days after (i) after any Material Contract of Parent Borrower Company or any of its Subsidiaries is terminated or amended in a manner that is materially adverse to Parent Borrower Company or such Subsidiary, as the case may be, or (ii) the occurrence of a default under any Material Contract or (iii) any new Material Contract is entered into, a written statement describing such event, with copies of such material amendments or new contracts, delivered delivered, to Administrative Agent (to the extent (1) such information is not disclosed or incorporated by reference in any filing with the Securities and Exchange Commission and (2) such delivery is permitted by the terms of any such Material Contract, provided provided, no such prohibition on delivery shall be effective if it were bargained for by Parent Borrower Company or its applicable Subsidiary with the intent of avoiding compliance with this Section 5.1(k)), and an explanation of any actions being taken with respect thereto;

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Xo Communications Inc)

Notice Regarding Material Contracts. Promptly, and in any event within ten (10) Business Days (or such later date as the Administrative Agent may agree) (i) after any Material Contract of Parent Borrower or any of its Subsidiaries Company is terminated (other than pursuant to its terms) or amended in a manner that is materially adverse to Parent Borrower Holdings and its Subsidiaries, taken as a whole; or such Subsidiary, as the case may be, (ii) the occurrence of a default under any Material Contract or (iii) any new Material Contract (other than any contract in the ordinary course of business) is entered into, a written statement describing such event, with copies of such material amendments or new contracts, delivered to the Administrative Agent (to the extent such delivery is permitted by the terms of any such Material Contract; provided, provided no such prohibition on delivery shall be effective if it were bargained for by Parent Borrower or its applicable Subsidiary such Company with the intent of avoiding compliance with this Section 5.1(k)), and an explanation of any actions being taken with respect thereto;

Appears in 1 contract

Samples: Revolving Syndicated Facility Agreement (Tronox LTD)

Notice Regarding Material Contracts. Promptly, and in any event within ten (10) Business Days after (i) after any Material Contract of Parent Borrower Company or any of its Subsidiaries is terminated or amended in a manner that is materially adverse to Parent Borrower Company or such Subsidiary, as the case may be, or (ii) the occurrence of a default under any Material Contract or (iii) any new Material Contract is entered into, a written statement describing such event, with copies of such material amendments or new contracts, delivered delivered, to Administrative Agent (to the extent (1) such information is not disclosed or incorporated by reference in any filing with the Securities and Exchange Commission and (2) such delivery is permitted by the terms of any such Material Contract, provided provided, no such prohibition on delivery shall be effective if it were bargained for by Parent Borrower Company or its applicable Subsidiary with the intent of avoiding compliance with this Section 5.1(k5.1(j)), and an explanation of any actions being taken with respect thereto;

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Nextlink Communications Inc /De/)

Notice Regarding Material Contracts. Promptly, and in any event within ten (10) Business Days (i) after any Material Contract of Parent Borrower Holdings or any of its Subsidiaries is terminated or amended in a manner that is materially adverse to Parent Borrower Holdings or such Subsidiary, as the case may bebe (including an explanation of any actions being taken with respect thereto), or (ii) the occurrence of a default under any Material Contract or (iii) any new Material Contract is entered into, a written statement describing such event, with copies of such material amendments or new contracts, delivered to Administrative Agent (to the extent such delivery is permitted by the terms of any such Material Contract; provided, provided no such prohibition on delivery shall be effective if it were bargained for by Parent Borrower Holdings or its applicable Subsidiary with the intent of avoiding compliance with this Section 5.1(k5.1(l)), and an explanation of any actions being taken with respect thereto;

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Del Frisco's Restaurant Group, LLC)

Notice Regarding Material Contracts. Promptly, and in any event within ten (10) Business Days (i) after any Material Contract of Parent Borrower Holdings or any of its Subsidiaries is terminated or amended in a manner that is materially adverse to Parent Borrower Holdings or such Subsidiary, as the case may be, or that any Credit Party determines in good faith to be material to Administrative Agent or the Lenders or (ii) the occurrence of a default under any Material Contract or (iii) any new Material Contract is entered into, a written statement describing such event, with copies of such material amendments or new contracts, delivered to Administrative Agent (to the extent such delivery is permitted by the terms of any such Material Contract, provided provided, no such prohibition on delivery shall be effective if it were bargained for by Parent Borrower Holdings or its applicable Subsidiary with the intent of avoiding compliance with this Section 5.1(k5.1(l)), and an explanation of any actions being taken with respect thereto;

Appears in 1 contract

Samples: Credit and Guaranty Agreement (U S Energy Systems Inc)

Notice Regarding Material Contracts. Promptly, and in any event within ten (10) Business Days (i) after any Material Contract of Parent Borrower the Company or any of its Subsidiaries is terminated or amended in a manner that is materially adverse to Parent Borrower the Company or such Subsidiary, as the case may be, or that any Credit Party determines in good faith to be material to the Administrative Agent or the Lenders and (ii) the occurrence of a default under any Material Contract or (iii) after any new Material Contract is entered into, a written statement describing such event, with copies of such material amendments or new contracts, delivered to the Administrative Agent (to the extent such delivery is permitted by the terms of any such Material Contract, provided provided, no such prohibition on delivery shall be effective if it were bargained for by Parent Borrower the Company or its applicable Subsidiary with the intent of avoiding compliance with this Section 5.1(k5.1(l)), and an explanation of any actions being taken with respect thereto;

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Castle a M & Co)

Notice Regarding Material Contracts. Promptly, and in any event within ten (10) Business Days (i) after any Material Contract of Parent Borrower or any of its Subsidiaries is terminated or amended in a manner that is materially adverse to Parent Borrower or such Subsidiary, as the case may be, (ii) the occurrence of a default under any Material Contract or (iii) any new Material Contract is entered into, a written statement describing such event, with copies of such material amendments or new -56- contracts, delivered to Administrative Agent (to the extent such delivery is permitted by the terms of any such Material Contract, provided no such prohibition on delivery shall be effective if it were bargained for by Parent Borrower or its applicable Subsidiary with the intent of avoiding compliance with this Section 5.1(k)), and an explanation of any actions being taken with respect thereto;

Appears in 1 contract

Samples: Credit and Guaranty Agreement (RLJ Entertainment, Inc.)

Notice Regarding Material Contracts. Promptly, and in any event within ten (10) Business Days (i) after any Material Contract of Parent Borrower Holdings or any of its Subsidiaries is terminated or cancelled, expires and is not renewed or is amended in a manner that is materially adverse to Parent Borrower Holdings or such Subsidiary, as the case may be, or (ii) the occurrence of a default under any Material Contract or (iii) any new Material Contract is entered into, a written statement describing such event, with copies of such material amendments or new contracts, delivered to Administrative Agent (to the extent such delivery is permitted by the terms of any such Material Contract; provided, provided no such prohibition on delivery shall be effective if it were bargained for by Parent Borrower Holdings or its applicable Subsidiary with the intent of avoiding compliance with this Section 5.1(k5.1(l)), and an explanation of any actions being taken with respect thereto;

Appears in 1 contract

Samples: Lease Agreement (OneWater Marine Inc.)

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Notice Regarding Material Contracts. Promptly, and in any event within ten (10) Business Days (i) after any Material Contract of Parent Borrower or any of its Subsidiaries is terminated or amended in a manner that is materially adverse to Parent Borrower or such Subsidiary, as the case may be, (ii) the occurrence of a default under any Material Contract or (iii) any new Material Contract is entered into, a written statement describing such event, with copies of such material amendments or new contracts, delivered to Administrative Agent (to the extent such delivery is permitted by the terms of any such Material Contract, provided no such prohibition on delivery shall be effective if it were bargained for by Parent Borrower or its applicable Subsidiary with the intent of avoiding compliance with this Section 5.1(k)), and an explanation of any actions being taken with respect thereto;.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (RLJ Entertainment, Inc.)

Notice Regarding Material Contracts. Promptly, and in any event within ten (10) Business Days (i) after any Material Contract of Parent Borrower or any of its Subsidiaries is terminated or amended in a manner that is materially adverse could result in a Material Adverse Effect to Parent Borrower or such Subsidiary, as the case may be, or (ii) the occurrence of a default under any Material Contract or (iii) any new Material Contract is entered into, a written statement describing such event, with copies of such material amendments or new contracts, delivered to Administrative Agent (to the extent such delivery is permitted by the terms of any such Material Contract, provided provided, no such prohibition on delivery shall be effective if it were bargained for by Parent Borrower or its applicable Subsidiary with the intent of avoiding compliance with this Section 5.1(k5.1(l)), and an explanation of any actions being taken with respect thereto;

Appears in 1 contract

Samples: Credit and Guaranty Agreement (X Rite Inc)

Notice Regarding Material Contracts. Promptly, and in any event within ten (10) Business Days (i) after any Material Contract of Parent Borrower Holdings or any of its Subsidiaries is terminated or amended in a manner that is materially adverse to Parent Borrower Holdings or such Subsidiary, as the case may be, or (ii) the occurrence of a default under any Material Contract or (iii) any new Material Contract is entered into, a written statement describing such event, with copies of such material amendments or new contracts, delivered to Administrative Agent (to the extent such delivery is permitted by the terms of any such Material Contract; PROVIDED, provided no such prohibition on delivery shall be effective if it were bargained for by Parent Borrower Holdings or its applicable Subsidiary with the intent of avoiding compliance with this Section 5.1(k5.1(l)), and an explanation of any actions being taken with respect thereto;

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Vca Antech Inc)

Notice Regarding Material Contracts. Promptly, and in any event within ten (10) Business Days (i) after any Material Contract of Parent Borrower Holdings or any of its Subsidiaries is terminated prior to its scheduled term or amended in a manner that is materially adverse could reasonably be expected to Parent Borrower have a Material Adverse Effect, or such Subsidiary, as the case may be, (ii) the occurrence of a default under any Material Contract or (iii) any new Material Contract is entered into, a written statement describing such event, with copies of such material amendments or new contracts, delivered to Administrative Agent (to the extent such delivery is permitted by the terms of any such Material Contract, provided PROVIDED, no such prohibition on delivery shall be effective if it were bargained for by Parent Borrower Holdings or its applicable Subsidiary with the intent of avoiding compliance with this Section 5.1(k5.1(l)), and and, in the case of clause (i), an explanation of any actions being taken with respect thereto;

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Focal Communications Corp)

Notice Regarding Material Contracts. Promptly, and in any event within ten (10) Business Days (i) after any Material Contract of Parent Borrower Holdings or any of its Subsidiaries is terminated or amended in a manner that is materially adverse to Parent Borrower Holdings or such Subsidiary, as the case may be, or that is adverse to Administrative Agent or the Lenders or (ii) the occurrence of a default under any Material Contract or (iii) any new Material Contract is entered into, a written statement describing such event, with copies of such material amendments or new contracts, delivered to Administrative Agent (to the extent such delivery is permitted by the terms of any such Material Contract, provided provided, no such prohibition on delivery shall be effective if it were bargained for by Parent Borrower Holdings or its applicable Subsidiary with the intent of avoiding compliance with this Section 5.1(k5.1(l)), and an explanation of any actions being taken with respect thereto;

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Proliance International, Inc.)

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