Pending or Threatened Litigation. All material threatened or pending litigation against the Contractor or its Affiliates has been disclosed in writing to FAC prior to the Execution Date. For purposes of this Section, litigation is material if a final finding of liability against the Contractor or its Affiliate(s), would create a substantial likelihood that the Contractor’s ability to perform its obligations under this Contract would be significantly impaired. Any new material litigation filed against the Contractor or its Affiliates after the Execution Date will be disclosed in writing to FAC within ten (10) Business Days of receipt by the Contractor of notice new pending litigation. For purposes of this Section the term “litigation” shall mean any formal judicial or administrative proceeding.
Pending or Threatened Litigation. There shall not be pending nor shall there be threatened any legal proceeding commenced by any governmental body, or any other person or entity, in which there is sought any order, injunction, ruling or decree by a court or administrative agency of competent jurisdiction, that would prohibit the consummation of the transactions contemplated by this Agreement, or that would impair materially the ability of Purchaser to realize the benefits of such transaction.
Pending or Threatened Litigation. Between the effective date of this Agreement and the Closing, Seller and Purchaser shall inform each other, promptly upon obtaining knowledge thereof, of any pending or threatened litigation which reasonably could be anticipated to (i) render inaccurate in any material respect any representation or warranty made by Seller or Purchaser (as the case may be); or (ii) prohibit or restrain or materially and adversely affect the consummation of the transactions contemplated hereby or the performance by Seller or Purchaser of their respective obligations hereunder.
Pending or Threatened Litigation. Except as set forth in Schedule 4.8 to the Loan Agreement, there are no actions, suits, proceedings or other litigation (including proceedings by or before any arbitrator or governmental authority) pending, or to the knowledge of Guarantor, threatened against Guarantor, that (a) challenge the validity or propriety of this Agreement or of the secured financing transactions contemplated under the Loan Agreement, (b) could, if adversely determined, have a Material Adverse Effect on the real and personal property or financial or other condition of Guarantor, or (c) could materially affect the ability of Guarantor to perform Guarantor's obligations under this Agreement.
Pending or Threatened Litigation. There are no actions, suits, proceedings or other litigation (including proceedings by or before any arbitrator or governmental authority) pending, or to the knowledge of Guarantor, threatened against Guarantor, which (a) challenge the validity or propriety of this Guaranty or of the secured financing transactions contemplated under the Loan Agreement and the other Loan Documents, (b) could, if adversely determined, have a material adverse effect on the properties, businesses, results of operations or financial or other condition of Guarantor, or (c) could materially affect the ability of Guarantor to perform its obligations under this Guaranty.
Pending or Threatened Litigation. There is no litigation or administrative or governmental proceeding pending or threatened against or relating to SUNO, its subsidiaries, the SUNO Business, or any of the SUNO Assets nor does SUNO have any knowledge after due investigation of any deliberate act or omission of SUNO or its subsidiaries that would form any basis for any such action or proceeding;
Pending or Threatened Litigation. To the best of the Seller's knowledge, there is no litigation or other actions, suits, proceedings or investigations pending, at law or in equity, or before any governmental department, commission, board, agency or instrumentality, or, to the best of the Seller's knowledge, threatened against. To the best of the Seller's knowledge, no event has occurred or circumstance exists that may give rise or serve as the basis for commencement of any such action, suit, investigation or other proceeding.
Pending or Threatened Litigation. There is no material litigation or administrative or governmental proceeding pending or threatened against or relating to Marine Park, its subsidiaries, the Marine Park Business, or any of the Marine Park Assets nor does Marine Park have any knowledge of any deliberate act or omission of Marine Park or its subsidiaries that would form any material basis for any such action or proceeding;
Pending or Threatened Litigation. There is no material litigation or administrative or governmental proceeding pending or threatened against or relating to NewCardio, the NewCardio Business, or any of the NewCardio Assets, nor do the NewCardio Shareholders have any knowledge of any deliberate act or omission of NewCardio that would form any material basis for any such action or proceeding;
Pending or Threatened Litigation. To Seller's Knowledge, there are no lawsuits or legal proceedings threatened, instituted, or served upon Seller regarding ownership, construction, use or possession of the Property or any portion thereof.
