Common use of Action, Suits Clause in Contracts

Action, Suits. Except as set forth in Exhibit H hereof, there are no actions, suits or proceedings pending, or to the knowledge of the Transferor threatened, in or before any court, arbitrator or other body, against or affecting (i) the Transferor or any of its properties or (ii) any Affiliate of the Transferor or its respective properties, which may, in the case of proceedings against or affecting any such Affiliate, individually or in the aggregate, have a Material Adverse Effect.

Appears in 9 contracts

Samples: Transfer and Administration Agreement (Fresenius Medical Care AG & Co. KGaA), Transfer and Administration Agreement (Fresenius Medical Care AG & Co. KGaA), Transfer and Administration Agreement (Fresenius Medical Care AG & Co. KGaA)

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Action, Suits. Except as set forth in Exhibit H hereofH, there are no actions, suits or proceedings pending, or to the knowledge of the Transferor threatened, against or affecting the Transferor or any Affiliate of the Transferor or their respective properties, in or before any court, arbitrator or other body, against or affecting (i) which may materially adversely affect the Transferor or any of its properties or (ii) any Affiliate financial condition of the Transferor and the Subsidiaries taken as a whole or materially adversely affect the ability of Transferor to perform its respective properties, which may, in the case of proceedings against or affecting any such Affiliate, individually or in the aggregate, have a Material Adverse Effectobligations under this Agreement.

Appears in 8 contracts

Samples: Transfer and Administration Agreement (Tech Data Corp), Transfer and Administration Agreement (Tech Data Corp), Transfer and Administration Agreement (Tech Data Corp)

Action, Suits. Except as set forth in Exhibit H hereof, there are no actions, suits or proceedings pending, or to the knowledge of the Transferor threatened, against or affecting the Transferor or any Affiliate of the Transferor or their respective properties, in or before any court, arbitrator or other body, against or affecting (i) the Transferor or any of its properties or (ii) any Affiliate of the Transferor or its respective properties, which may, in the case of proceedings against or affecting any such Affiliate, individually or in the aggregate, have a Material Adverse Effect.

Appears in 5 contracts

Samples: Transfer and Administration Agreement (Proffitts Inc), Transfer and Administration Agreement (Saks Inc), Transfer and Administration Agreement (Compucredit Corp)

Action, Suits. Except as set forth in Exhibit H hereof, there are no actions, suits or proceedings pending, or to the knowledge of the Transferor threatened, in or before any court, arbitrator or other body, against or affecting (i) the Transferor or any of its properties or (ii) any Affiliate of the Transferor or its respective properties, which may, in the case of proceedings against or affecting any such Affiliate, individually or in the aggregate, have a Material Adverse Effect.. ​

Appears in 4 contracts

Samples: Transfer and Administration Agreement (Fresenius Medical Care AG & Co. KGaA), Transfer and Administration Agreement (Fresenius Medical Care AG & Co. KGaA), Administration Agreement (Fresenius Medical Care AG & Co. KGaA)

Action, Suits. Except as set forth in Exhibit H G hereof, there are no actions, suits or proceedings pendingpending or, or to the knowledge of the Transferor threatened, against or affecting the Transferor, the Originator or their respective properties, in or before any court, arbitrator or other body, against or affecting (i) the Transferor or any of its properties or (ii) any Affiliate of the Transferor or its respective properties, which may, in the case of proceedings against or affecting any such Affiliatewhich, individually or in the aggregate, have could reasonably be expected to result in a Material Adverse Effect.

Appears in 2 contracts

Samples: Receivables Transfer Agreement (Nalco Holding CO), Receivables Transfer Agreement (Nalco Finance Holdings LLC)

Action, Suits. Except as set forth in Exhibit H hereof, there There are no actions, suits or proceedings pendingpending or, or to the knowledge of the Transferor threatened, against or affecting the Transferor or its properties, in or before any court, arbitrator or other body, against or affecting (i) the Transferor or any of its properties or (ii) any Affiliate of the Transferor or its respective propertiesOfficial Body, which may, in the case of proceedings against or affecting any such Affiliatecould reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect, except as set forth in Exhibit F concerning Affiliates of the Transferor.

Appears in 2 contracts

Samples: Receivables Transfer Agreement (Tyson Foods Inc), Receivables Transfer Agreement (Trimas Corp)

Action, Suits. Except as set forth in Exhibit H hereofG hereof (as may be amended by the Transferor from time to time), there are no actions, suits or proceedings pendingpending or, or to the knowledge of the Transferor threatened, against or affecting the Transferor or any Affiliate of the Transferor or their respective properties, in or before any court, arbitrator or other body, against or affecting (i) the Transferor or any of its properties or (ii) any Affiliate of the Transferor or its respective properties, which may, in the case of proceedings against or affecting any such Affiliate, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Receivables Transfer Agreement (Caremark Rx Inc)

Action, Suits. Except as set forth in Exhibit H hereofG hereof (as may be ------------- amended by the Transferor from time to time), there are no actions, suits or proceedings pendingpending or, or to the knowledge of the Transferor threatened, against or affecting the Transferor or any Affiliate of the Transferor or their respective properties, in or before any court, arbitrator or other body, against or affecting (i) the Transferor or any of its properties or (ii) any Affiliate of the Transferor or its respective properties, which may, in the case of proceedings against or affecting any such Affiliate, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Medpartners Inc

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Action, Suits. Except as set forth in Exhibit H G hereof, there are no actions, suits or proceedings pendingpending or, or to the knowledge of the Transferor threatened, against or affecting the Transferor or its properties, in or before any court, arbitrator or other body, against or affecting (i) the Transferor or any of its properties or (ii) any Affiliate of the Transferor or its respective properties, which may, in the case of proceedings against or affecting any such Affiliate, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Transfer and Administration Agreement (Metris Companies Inc)

Action, Suits. Except as set forth in Exhibit H G hereof, there are no actions, suits or proceedings pending, or to the knowledge of the Transferor threatened, against or affecting the Transferor or any Affiliate of the Transferor or their respective properties, in or before any court, arbitrator or other body, against or affecting (i) the Transferor or any of its properties or (ii) any Affiliate of the Transferor or its respective properties, which may, in the case of proceedings against or affecting any such Affiliatewhich, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Transfer and Administration Agreement (Lci International Inc /Va/)

Action, Suits. Except as set forth in Exhibit H G hereof, there are no ------------- --------- actions, suits or proceedings pendingpending or, or to the knowledge of the Transferor threatened, against or affecting the Transferor or its properties, in or before any court, arbitrator or other body, against or affecting (i) the Transferor or any of its properties or (ii) any Affiliate of the Transferor or its respective properties, which may, in the case of proceedings against or affecting any such Affiliate, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Transfer and Administration Agreement (Metris Companies Inc)

Action, Suits. Except as set forth in Exhibit H G hereof, there are no actions, suits or proceedings pendingpending or, or to the knowledge of the Transferor threatened, against or affecting the Transferor, any Originator or the Support Provider or their respective properties, in or before any court, arbitrator or other body, against or affecting (i) the Transferor or any of its properties or (ii) any Affiliate of the Transferor or its respective properties, which may, in the case of proceedings against or affecting any such Affiliatewhich, individually or in the aggregate, have could reasonably be expected to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Receivables Transfer Agreement (Nalco Global Holdings LLC)

Action, Suits. Except as set forth in Exhibit H I hereof, there are no actions, suits or proceedings pendingpending or, or to the knowledge of the Transferor threatened, against or affecting the Transferor or any Affiliate of the Transferor or their respective properties, in or before any court, arbitrator or other body, against or affecting (i) the Transferor or any of its properties or (ii) any Affiliate of the Transferor or its respective properties, which may, in the case of proceedings against or affecting any such Affiliate, individually or in the aggregate, have a Material Adverse EffectEffect or that involve this Agreement or the transactions contemplated hereby.

Appears in 1 contract

Samples: Receivables Transfer Agreement (Idine Rewards Network Inc)

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