Common use of Actions, Suits Clause in Contracts

Actions, Suits. Except as set forth in Schedule IV, there are no actions, suits or proceedings pending or, to the best of the Servicer’s knowledge, threatened against or affecting the Servicer or any of its Affiliates or their respective properties, in or before any court, arbitrator or other body, which could reasonably be expected to have a Material Adverse Effect upon the ability of the Servicer (or such Affiliate) to perform its obligations under this Agreement or any other Transaction Document to which it is a party.

Appears in 10 contracts

Samples: Receivables Purchase Agreement (Fleetcor Technologies Inc), Receivables Purchase Agreement (Fleetcor Technologies Inc), Receivables Purchase Agreement (Fleetcor Technologies Inc)

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Actions, Suits. Except as set forth in Schedule IVIII, there are no actions, suits or proceedings pending or, to the best of the Servicer’s knowledge, threatened against or affecting the Servicer or any of its Affiliates or their respective properties, in or before any court, arbitrator or other body, which could reasonably be expected to have a Material Adverse Effect upon the ability of the Servicer (or such Affiliate) to perform its obligations under this Agreement or any other Transaction Document to which it is a party.

Appears in 8 contracts

Samples: Receivables Purchase Agreement (Triumph Group Inc), Receivables Purchase Agreement (Triumph Group Inc), Receivables Purchase Agreement (Triumph Group Inc)

Actions, Suits. Except as set forth in Schedule IV, there There are no actions, suits or proceedings pending or, to the best of the such Servicer’s knowledge, threatened against or affecting the such Servicer or any of its Affiliates or their respective properties, in or before any court, arbitrator or other body, which could would reasonably be expected to have a Material Adverse Effect upon the ability of the such Servicer (or such Affiliate) to perform its obligations under this Agreement or any other Transaction Document to which it is a party.

Appears in 4 contracts

Samples: Receivables Financing Agreement (Cincinnati Bell Inc), Receivables Financing Agreement (Cincinnati Bell Inc), Receivables Financing Agreement (Cincinnati Bell Inc)

Actions, Suits. Except as set forth in Schedule IVIII, there are no actions, suits or proceedings pending or, to the best of the Servicer’s knowledge, threatened against or affecting the Servicer or ACI or any of its Affiliates Subsidiaries or their respective properties, in or before any court, arbitrator or other body, which could reasonably be expected to have a Material Adverse Effect upon the ability of the Servicer (or such Affiliate) to perform its obligations under this Agreement or any other Transaction Document to which it is a party.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (Arch Coal Inc), Receivables Purchase Agreement (Arch Coal Inc), Receivables Purchase Agreement (Arch Coal Inc)

Actions, Suits. Except as set forth in Schedule IV, there There are no actions, suits or proceedings pending or, to the best of the Servicer’s knowledge, threatened against or affecting the Servicer or any of its Affiliates or their respective properties, in or before any court, arbitrator or other body, which could would reasonably be expected to have a Material Adverse Effect upon the ability of the Servicer (or such Affiliate) to perform its obligations under this Agreement or any other Transaction Document to which it is a party.

Appears in 2 contracts

Samples: Receivables Financing Agreement (Cincinnati Bell Inc), Receivables Purchase Agreement (Cincinnati Bell Inc)

Actions, Suits. Except as set forth in Schedule IV, there are no actions, suits or proceedings pending or, to the best of the Servicer’s knowledge, threatened against or affecting the Servicer or any of its Affiliates or their respective properties, in or before any court, arbitrator or other body, which could reasonably be expected to have a Material Adverse Effect upon the ability of the Servicer (or such Affiliate) to perform its respective obligations under this Agreement or any other Transaction Document to which it is a party.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Armstrong World Industries Inc), Receivables Purchase Agreement (Patriot Coal CORP)

Actions, Suits. Except as set forth in Schedule IVIII, there are no actions, suits or proceedings pending or, to the best of the Servicer’s knowledge, threatened against or affecting the Servicer or any of its Affiliates or their respective properties, in or before any court, arbitrator or other body, which could reasonably be expected to have a Material Adverse Effect material adverse effect upon the ability of the Servicer (or such Affiliate) to perform its obligations under this Agreement or any other Transaction Document to which it is a party.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Owens Corning), Receivables Purchase Agreement (Owens Corning)

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Actions, Suits. Except as set forth in Schedule IV, there There are no actions, suits or proceedings pending or, to the best of the Servicer’s 's knowledge, threatened against or affecting the Servicer or any of its Affiliates or their respective properties, in or before any court, arbitrator or other body, which could would reasonably be expected to have a Material Adverse Effect upon the ability of the Servicer (or such Affiliate) to perform its obligations under this Agreement or any other Transaction Document to which it is a party.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Cincinnati Bell Inc)

Actions, Suits. Except as set forth in Schedule IVIII, there are no actions, suits or proceedings pending or, to the best of the Servicer’s knowledge, threatened against or affecting the Servicer or any of its Affiliates or their respective properties, in or before any court, arbitrator or other body, which could reasonably be expected to have a Material Adverse Effect material adverse effect upon the EXHIBIT 10.1 ability of the Servicer (or such Affiliate) to perform its obligations under this Agreement or any other Transaction Document to which it is a party.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Owens Corning)

Actions, Suits. Except as set forth in Schedule IVIII, there are no actions, suits or proceedings pending or, to the best of the Servicer’s knowledge, threatened in writing against or affecting the Servicer or any of its Affiliates or their respective properties, in or before any court, arbitrator or other body, which could reasonably be expected to have a Material Adverse Effect material adverse effect upon the ability of the Servicer (or such Affiliate) to perform its obligations under this Agreement or any other Transaction Document to which it is a party.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Owens Corning)

Actions, Suits. Except as set forth in Schedule IVIII, there are no actions, suits or proceedings pending or, to the best of the Servicer’s knowledge, threatened against or affecting the Servicer or any of its Affiliates or their respective properties, in or before any court, arbitrator or other body, which could reasonably be expected to have a Material Adverse Effect upon the ability of the Servicer (or such Affiliate) to perform its obligations under this Agreement or any other Transaction Document to which it is a partyEffect.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Meritor Inc)

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