Extract to table

03(b) of the Credit Agreement, Stonefield is required to notify the Administrative Agent within 10 business days of any litigation or proceeding involving potential liability exceeding $25 million

If the liquidated damages clause is struck as a penalty, Vantor may pursue actual lost profits as an alternative measure of damages, but it must prove those profits with reasonable certainty — a standard that requires more than speculation or generalized margin estimates

Vantor must elect one theory or the other; it cannot recover both

The magnitude of this potential outcome — even at a moderate probability — represents a significant tail risk that must be factored into any settlement analysis