Absence of Litigation, etc. There is no litigation (including derivative actions), arbitration or governmental proceedings pending or, to the best knowledge of the Administrative Agent, threatened against it which would be reasonably likely to adversely affect the Administrative Agent’s ability to perform its obligations under the Operative Documents to which it is or will be a party.
Absence of Litigation, etc. There shall not be threatened, instituted or pending any suit, action, investigation, inquiry or other proceeding by or before any Governmental Authority seeking an order, judgment or decree which, in the reasonable judgment of the Stockholders, would if issued restrain, prohibit or render unlawful the consummation of the transactions contemplated hereby, or any of them, or require rescission of this Agreement, or any of such transactions; no such action shall seek damages in a material amount by reason of the transactions contemplated hereby, or any of them; nor shall there be in effect any injunction, writ, preliminary restraining order or any order of any nature issued by a court of competent jurisdiction directing that the transactions provided for herein, or any of them, not be consummated as so provided. Also, no substantive legal objection to the transactions contemplated by this Agreement shall have been received from or threatened by any Governmental Authority.
Absence of Litigation, etc. There is no litigation (including derivative actions), arbitration or governmental proceedings pending or, to the best knowledge of Administrative Agent, threatened against it which would be reasonably likely to adversely affect Administrative Agent's ability to perform its obligations under the Operative Documents to which it is or will be a party.
Absence of Litigation, etc. There shall not be pending or threatened any action, suit, proceeding or investigation by the BVI, Hong Kong, PRC or other foreign government, or U.S. or any state, municipal or local government, or any department, commission or agency of any of the foregoing, or any other party for any injunction, writ, preliminary restraining order or for any order of any court or governmental agency, domestic or foreign, of competent jurisdiction directly affecting or restraining, or in which it is sought to obtain damages or other relief that reasonably could be expected to have a material adverse effect on the business, operations or condition (financial or otherwise) of Buyer or Valence and the Valence Subsidiaries, taken as a whole, in connection with, any of the transactions contemplated by this Agreement, and there shall not have been issued and remain in effect any such injunction, writ, preliminary restraining order or such other order. No decree or order shall have been entered by a court having jurisdiction in the premises for relief in respect of the Selling Shareholders, Valence and/or any of the Valence Subsidiaries or adjudging the Selling Shareholders, Valence and/or any of the Valence Subsidiaries, a bankrupt or insolvent, or approving as properly filed a petition seeking reorganization, adjustment or composition of or in respect of the Selling Shareholders, Valence and/or any of the Valence Subsidiaries, under the U.S. federal bankruptcy law or any other applicable law, or appointing a custodian, receiver, liquidator, assignee, trustee, sequestrator (or other similar official) of or for the Selling Shareholders, Valence and/or any of the Valence Subsidiaries or any part of their property, or ordering the winding up or liquidation of their affairs. There shall not have been commenced by the Selling Shareholders, Valence and/or any of the Valence Subsidiaries a voluntary case, or the institution by any of them of proceedings to be adjudicated a bankrupt or insolvent, or the consent by any of them to the institution of bankruptcy or insolvency proceedings against it, or the filing by any of them of a petition or answer or consent seeking reorganization, arrangement or relief under the U.S. federal bankruptcy law or any other applicable law, or the consent or acquiescence by any of them to the filing of any such petition or to the appointment of or taking possession by a custodian, receiver, liquidator, assignee, trustee, sequestrator (or other similar offi...
Absence of Litigation, etc. Other than as set out in Section 4.28 of the Company Disclosure Letter, there is not now in progress, pending or, to the knowledge of the Company, threatened or contemplated against or affecting the Company, or any of its subsidiaries, or any of its assets or properties, including the Assets, or any officer or director thereof in their capacity as an officer or director thereof, any litigation, action, suit, investigation, claim, complaint or other proceeding, including appeals and applications for review, by or before any Governmental Authority. There is not presently outstanding against the Company any material judgment, injunction, decree, rule or order of any court, governmental department, including Governmental Authority, commission, agency or arbitrator.
Absence of Litigation, etc. There is no litigation (including derivative actions), arbitration or governmental proceedings pending or, to the best knowledge of the Collateral Agent, threatened against it which would be reasonably likely to have material adverse effect on the Collateral Agent’s ability to perform its obligations under the Operative Documents to which it is or will be a party.
Absence of Litigation, etc. Other than as set out in Section 5.26 of the Purchaser Disclosure Letter, there is not now in progress, pending or, to the Purchaser’s knowledge, threatened or contemplated against or affecting the Purchaser, or any of its subsidiaries, or any of its assets or properties, including the Assets, or any officer or director thereof in their capacity as an officer or director thereof, any litigation, action, suit, investigation, claim, complaint or other proceeding, including appeals and applications for review, by or before any Governmental Authority. There is not presently outstanding against the Purchaser any material judgment, injunction, decree, rule or order of any court, governmental department, including Governmental Authority, commission, agency or arbitrator.
Absence of Litigation, etc. No litigation, arbitration or -------------------------- governmental investigation or proceeding shall be pending or, to the knowledge of the Borrower, threatened against the Borrower, either Guarantor or any Subsidiary or shall affect the business, operations or prospects of any thereof which was not disclosed by the Borrower to the Bank pursuant to Section 6.6 (or ----------- prior to the date of the Loans most recently made hereunder, if any, pursuant to Section 7.1.6), and no development not so disclosed shall have occurred in any -------------- litigation, arbitration or governmental investigation or proceeding so disclosed, which, in either event, as of the date on which such Loan is to be made, would reasonably be expected to have a Materially Adverse Effect.
Absence of Litigation, etc. No action, suit, investigation, proceeding or counterclaim of or before any Governmental Authority or other Person is pending or threatened against the Company or the Investor challenging this Agreement or the transactions contemplated hereby or seeking any material damages in connection herewith or any judgment, order or injunction that would restrain, prohibit or impose materially adverse conditions on the stock purchase transactions contemplated hereby.
Absence of Litigation, etc. There is not now in progress, pending or to Canopy Rivers’ knowledge, threatened or contemplated against or affecting Canopy Rivers, or any of its Assets and Properties, or any officer or director thereof in their capacity as an officer or director thereof, any litigation, action, suit, investigation, claim, complaint or other proceeding, including appeals and applications for review, by or before any Governmental Authority, which if determined adversely to Canopy Rivers, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.
