Common use of Adverse Proceedings, etc Clause in Contracts

Adverse Proceedings, etc. There are no Adverse Proceedings, individually or in the aggregate, that (a) relate to any Loan Document or the transactions contemplated hereby or thereby or (b) could reasonably be expected to have a Material Adverse Effect. No Loan Party nor any of its Subsidiaries (excluding the Excluded Entities) (y) is in violation of any applicable laws that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect or (z) is subject to, or in default with respect to, any final judgments, writs, injunctions, decrees, rules, or regulations of any court or any federal, state, municipal, or other governmental department, commission, board, bureau, agency, or instrumentality, domestic or foreign, that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 7 contracts

Samples: Credit Agreement (B. Riley Financial, Inc.), Abl Credit Agreement (B. Riley Financial, Inc.), Abl Credit Agreement (Franchise Group, Inc.)

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Adverse Proceedings, etc. There are is no Adverse ProceedingsProceeding now pending or to the knowledge of Borrower or its Restricted Subsidiaries, individually or threatened in the aggregatewriting, that (a) relate to any Loan Document or the transactions contemplated hereby or thereby or (b) has a reasonable probability of being determined adversely and if determined adversely could reasonably be expected to have a Material Adverse Effect. No Loan Party Neither Borrower nor any of its Restricted Subsidiaries (excluding the Excluded Entities) (ya) is in violation of any applicable laws (including Environmental Laws) that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect Effect, or (zb) is subject to, to or in default with respect to, to any final judgments, writs, injunctions, decrees, rules, rules or regulations of any court or any federal, state, municipal, municipal or other governmental department, commission, board, bureau, agency, agency or instrumentality, domestic or foreign, that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC), First Lien Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC), Second Lien Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC)

Adverse Proceedings, etc. There are no Adverse Proceedings, individually or in the aggregate, that (a) relate to any Loan Document or the transactions contemplated hereby or thereby or (b) could reasonably be expected to have a Material Adverse Effect. No Loan Party Neither Parent nor any of its Subsidiaries (excluding the Excluded Entities) (y) is in violation of any applicable laws that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect or (z) is subject to, or in default with respect to, any final judgments, writs, injunctions, decrees, rules, or regulations of any court or any federal, state, municipal, or other governmental department, commission, board, bureau, agency, or instrumentality, domestic or foreign, that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Orbital Energy Group, Inc.), Credit Agreement (Liberty Tax, Inc.), Credit Agreement (Liberty Tax, Inc.)

Adverse Proceedings, etc. There are no Adverse ProceedingsProceedings (including any that are set forth on Schedule 4.11), individually or in the aggregate, that (a) relate to any Loan Credit Document or the transactions contemplated hereby or thereby or (b) could would reasonably be expected to have a Material Adverse Effect. No Loan Party Neither Holdings nor any of its Subsidiaries (excluding the Excluded Entities) (ya) is in violation of any applicable laws (including Environmental Laws) that, individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect Effect, or (zb) is subject to, to or in default with respect to, to any final judgments, writs, injunctions, decrees, rules, rules or regulations of any court or any federal, state, municipal, municipal or other governmental department, commission, board, bureau, agency, agency or instrumentality, domestic or foreign, that, individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Second Lien Credit and Guaranty Agreement (Vonage Holdings Corp), First Lien Credit and Guaranty Agreement (Vonage Holdings Corp)

Adverse Proceedings, etc. There are no Adverse Proceedings, individually or in the aggregate, that (a) relate to any Loan Credit Document or the transactions contemplated hereby or thereby or (b) could reasonably be expected to have a Material Adverse Effect. No Loan Party Neither Company nor any of its Subsidiaries subsidiaries (excluding the Excluded Entities) (ya) is in violation of any applicable laws (including Environmental Laws) that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect Effect, or (zb) is subject to, to or in default with respect to, to any final judgments, writs, injunctions, decrees, rules, rules or regulations of any court or any federal, state, municipal, municipal or other governmental department, commission, board, bureau, agency, agency or instrumentality, domestic or foreign, that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Cit Group Inc), Credit and Guaranty Agreement (Cit Group Inc)

Adverse Proceedings, etc. There are no Adverse Proceedings, individually or in the aggregate, that (a) relate to any Loan Credit Document or the transactions contemplated hereby or thereby or (b) could reasonably be expected to have a Material Adverse Effect. No Loan Party Neither Borrower nor any of its Subsidiaries (excluding the Excluded Entities) (ya) is in violation of any applicable laws Laws (including Environmental Laws) that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect Effect, or (zb) is subject to, or in default with respect to, any final judgments, writs, injunctions, decrees, rules, rules or regulations of any court or any federal, state, municipal, municipal or other governmental department, commission, board, bureau, agency, agency or instrumentality, domestic or foreign, that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Revolving Credit and Guaranty Agreement (Cit Group Inc), Revolving Credit and Guaranty Agreement (Cit Group Inc)

Adverse Proceedings, etc. There are no Adverse Proceedings, individually or in the aggregate, that (a) relate to any Loan Document or the transactions contemplated hereby or thereby or (b) could reasonably be expected to have a Material Adverse EffectEffect and, to the knowledge of any Abitibi Entity, there are no facts or circumstances that could reasonably be expected to give rise to any such Adverse Proceedings. No Loan Party nor any of its Subsidiaries Abitibi Entity (excluding the Excluded Entities) (ya) is in violation of any applicable laws (including Environmental Laws) that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect Effect, or (zb) is subject to, to or in default with respect to, to any final judgments, writs, injunctions, decrees, rules, rules or regulations of any court or any federal, state, municipalprovincial, municipal or other governmental department, commission, board, bureau, agency, agency or instrumentality, domestic or foreign, that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (AbitibiBowater Inc.), Credit and Guaranty Agreement (AbitibiBowater Inc.)

Adverse Proceedings, etc. There are no Adverse ProceedingsProceedings (i) that involve any Credit Document or (ii) in which there is a reasonable likelihood of an adverse determination that would reasonably be expected, individually or in the aggregate, that (a) relate to any Loan Document or the transactions contemplated hereby or thereby or (b) could reasonably be expected to have result in a Material Adverse Effect. No Loan Party Neither the Borrower nor any of its Subsidiaries (excluding the Excluded Entities) (ya) is in violation of any applicable laws (including Environmental Laws) that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect Effect, or (zb) is subject to, to or in default with respect to, to any final judgments, writs, injunctions, decrees, rules, rules or regulations of any court or any federal, state, municipal, municipal or other governmental department, commission, board, bureau, agency, agency or instrumentality, domestic or foreign, that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (TiVo Corp), Abl Credit and Guaranty Agreement (TiVo Corp)

Adverse Proceedings, etc. There are no Adverse ProceedingsProceedings that, individually or in the aggregate, that (a) relate to any Loan Document or the transactions contemplated hereby or thereby or (b) could would reasonably be expected to have a Material Adverse Effect. No Loan Party Neither the Company nor any of its Subsidiaries (excluding the Excluded Entities) (yi) is in violation of any applicable laws that, individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect Effect, or (zii) is subject to, to or in default with respect to, to any final judgments, writs, injunctions, decrees, rules, rules or regulations of any court or any federal, state, municipal, municipal or other governmental department, commission, board, bureau, agency, agency or instrumentality, domestic or foreign, that, individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Financing Agreement (Global Geophysical Services Inc), Settlement Agreement

Adverse Proceedings, etc. There are no Adverse Proceedings, individually or in the aggregate, that (a) relate to any Loan Credit Document or any Working Capital Document or the transactions contemplated hereby or thereby or (b) could reasonably be expected to have a Material Adverse Effect. No Loan Party Neither Holdings nor any of its Subsidiaries (excluding the Excluded Entities) (ya) is in violation of any applicable laws (including Environmental Laws) that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect Effect, or (zb) is subject to, to or in default with respect to, to any final judgments, writs, injunctions, decrees, rules, rules or regulations of any court or any federal, state, provincial, municipal, local or other governmental department, commission, board, bureau, agency, agency or instrumentality, domestic or foreign, that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Handleman Co /Mi/)

Adverse Proceedings, etc. There are no Adverse ProceedingsProceedings (including any that are set forth on Schedule 4.11), individually or in the aggregate, that (aA) relate to any Loan Credit Document or the transactions contemplated hereby or thereby or (bB) could would reasonably be expected to have a Material Adverse Effect. No Loan Party Neither Holdings nor any of its Subsidiaries (excluding the Excluded Entities) (yA) is in violation of any applicable laws (including Environmental Laws) that, individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect Effect, or (zB) is subject to, to or in default with respect to, to any final judgments, writs, injunctions, decrees, rules, rules or regulations of any court or any federal, state, municipal, municipal or other governmental department, commission, board, bureau, agency, agency or instrumentality, domestic or foreign, that, individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Third Lien Note Purchase Agreement (Vonage Holdings Corp)

Adverse Proceedings, etc. There are no Adverse Proceedings, individually or in the aggregate, that (a) relate to any Loan Document or the transactions contemplated hereby or thereby or (b) could reasonably be expected to have a Material Adverse Effect. No Loan Party Neither Company nor any of its Subsidiaries (excluding the Excluded Entities) (yi) is in violation of any applicable laws that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect Effect, or (zii) is subject to, to or in default with respect to, to any final judgments, writs, injunctions, decrees, rules, rules or regulations of any court or any federal, state, municipal, municipal or other governmental department, commission, board, bureau, agency, agency or instrumentality, domestic or foreign, that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Financing Agreement (Usa Technologies Inc)

Adverse Proceedings, etc. There are no Adverse Proceedings, individually or in the aggregate, that (a) relate to any Loan Credit Document or the transactions contemplated hereby or thereby or (b) could reasonably be expected to have a Material Adverse Effect. No Loan Party Neither Company nor any of its Subsidiaries (excluding the Excluded Entities) (ya) is in violation of any applicable laws (including Environmental Laws) that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect Effect, or (zb) is subject to, to or in default with respect to, to any final judgments, writs, injunctions, decrees, rules, rules or regulations of any court or any federal, state, municipal, municipal or other governmental department, commission, board, bureau, agency, agency or instrumentality, domestic or foreign, that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Cit Group Inc)

Adverse Proceedings, etc. There are no Adverse ProceedingsProceedings pending, individually or in the aggregate, that (ai) relate related to any Loan Document Credit Party or (ii) to the best knowledge of each Credit Party, related to Fireside or the transactions contemplated hereby or thereby or (b) Receivables, that in each case could reasonably be expected to have a Material Adverse Effect, except as identified in any Transaction Agreement. No Loan Credit Party nor any of its Subsidiaries is (excluding the Excluded Entitiesa) (y) is in violation of any applicable laws that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect Effect, or (zb) is subject to, to or in default with respect to, to any final judgments, writs, injunctions, decrees, rules, rules or regulations of any court or any federal, state, municipal, municipal or other governmental department, commission, board, bureau, agency, agency or instrumentality, domestic or foreign, that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Consumer Portfolio Services Inc)

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Adverse Proceedings, etc. There are no Adverse Proceedings, individually or in the aggregate, that (a) relate to any Loan Credit Document or the transactions contemplated hereby or thereby or (b) could reasonably be expected to have a Material Adverse Effect. No Loan Party Neither the Company nor any of its Subsidiaries (excluding the Excluded Entities) (ya) is in violation of any applicable laws (including Environmental Laws) that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect Effect, or (zb) is subject to, to or in default with respect to, to any final judgments, writs, injunctions, decrees, rules, rules or regulations of any court or any federal, state, municipal, municipal or other governmental department, commission, board, bureau, agency, agency or instrumentality, domestic or foreign, that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Castle a M & Co)

Adverse Proceedings, etc. There are no Adverse ProceedingsProceedings that materially impair the transactions contemplated by the Credit Documents or that, individually or in the Tiptree Credit Agreement aggregate, that (a) relate to any Loan Document or the transactions contemplated hereby or thereby or (b) could reasonably be expected to have a Material Adverse Effect. No Loan Party nor any of Borrower and its Subsidiaries (excluding the Excluded Entitiesa) (y) is are not in violation of any applicable laws (including Environmental Laws) that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect or Effect, and (zb) is are not subject to, to or in default with respect to, to any final judgments, writs, injunctions, decrees, rulesorders, rules or regulations of any court or any federal, state, municipal, municipal or other governmental department, commission, board, bureau, agency, agency or instrumentality, domestic or foreign, that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Tiptree Financial Inc.)

Adverse Proceedings, etc. There are no Adverse Proceedings, individually or in the aggregate, that (a) relate to any Loan Document or the transactions contemplated hereby or thereby or (b) could reasonably be expected to have a Material Adverse EffectEffect other than proceedings attendant to confirmation of the Prepackage Plan of Reorganization. No Loan Party Neither the Borrower nor any of its Subsidiaries (excluding the Excluded Entities) (ya) is in violation of any applicable laws (including Environmental Laws) that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect Effect, or (zb) is subject to, to or in default with respect to, to any final judgments, writs, injunctions, decrees, rules, rules or regulations of any court or any federal, provincial, state, municipal, municipal or other governmental department, commission, board, bureau, agency, agency or instrumentality, domestic or foreign, that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Xerium Technologies Inc)

Adverse Proceedings, etc. There Except as set forth on Schedule 4.9, there are no Adverse Proceedings, individually or in the aggregate, that (a) relate to any Loan Document or the transactions contemplated hereby or thereby or (b) could reasonably be expected to have a Material Adverse Effect. No Loan Party Neither Borrower nor any of its Subsidiaries (excluding the Excluded Entities) (yi) is in violation of any applicable laws that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect Effect, or (zii) is subject to, to or in default with respect to, to any final judgments, writs, injunctions, decrees, rules, rules or regulations of any court or any federal, state, municipal, municipal or other governmental department, commission, board, bureau, agency, agency or instrumentality, domestic or foreign, that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Financing Agreement (Danimer Scientific, Inc.)

Adverse Proceedings, etc. There are no Adverse Proceedings, individually or in the aggregate, that (a) relate to any Loan Document or any Term Loan Document or the transactions contemplated hereby or thereby or (b) could reasonably be expected to have a Material Adverse Effect. No Loan Party Neither Holdings nor any of its Subsidiaries (excluding the Excluded Entities) (ya) is in violation of any applicable laws (including Environmental Laws) that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect Effect, or (zb) is subject to, to or in default with respect to, to any final judgments, writs, injunctions, decrees, rules, rules or regulations of any court or any federal, state, provincial, municipal, local or other governmental department, commission, board, bureau, agency, agency or instrumentality, domestic or foreign, that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Handleman Co /Mi/)

Adverse Proceedings, etc. There are no Adverse Proceedings, individually or in the aggregate, that (a) relate to any Loan Document Document, any A/R Loan Documents or any Equipment Loan Documents or the transactions contemplated hereby or thereby or (b) could reasonably be expected to have a Material Adverse Effect. No Loan Party Neither Company nor any of its Subsidiaries (excluding the Excluded Entities) (yi) is in violation of any applicable laws that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect Effect, or (zii) is subject to, to or in default with respect to, to any final judgments, writs, injunctions, decrees, rules, rules or regulations of any court or any federal, state, municipal, municipal or other governmental department, commission, board, bureau, agency, agency or instrumentality, domestic or foreign, that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Financing Agreement (EVO Transportation & Energy Services, Inc.)

Adverse Proceedings, etc. There are no Adverse Proceedings, individually or in the aggregate, that (a) relate to any Loan Credit Document or the transactions contemplated hereby or thereby or (b) could reasonably be expected to have a Material Adverse Effect. No Loan Party Neither Company nor any of its Subsidiaries (excluding the Excluded Entities) (ya) is in violation of any applicable laws (including Environmental Laws) that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect Effect, or (zb) is subject to, to or in default with respect to, to any final judgments, writs, injunctions, decrees, rules, rules or regulations of any court or any federalFederal, state, municipal, municipal or other governmental department, commission, board, bureau, agency, agency or instrumentality, domestic or foreign, that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Syntax-Brillian Corp)

Adverse Proceedings, etc. There are no Adverse Proceedings, individually or in the aggregate, that (a) relate to any Loan Document or the transactions contemplated hereby or thereby or (b) could reasonably be expected to have a Material Adverse Effect. No Loan Party Neither Holdings nor any of its Subsidiaries (excluding the Excluded Entities) (y) is in violation of any applicable laws that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect or (z) is subject to, or in default with respect to, any final judgments, writs, injunctions, decrees, rules, or regulations of any court or any federal, state, municipal, or other governmental department, commission, board, bureau, agency, or instrumentality, domestic or foreign, that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Franchise Group, Inc.)

Adverse Proceedings, etc. There are no Adverse Proceedings, individually or in the aggregate, Proceedings that (a) relate to any Loan Document or materially impair the transactions contemplated hereby by the Credit Documents or thereby or (b) could reasonably be expected to have a Material Adverse Effect. No Loan Party nor any of its Subsidiaries (excluding the Excluded Entities) (y) is in violation of any applicable laws that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect Effect. Borrower, each Guarantor and their respective Subsidiaries (a) are not in violation of any applicable laws (including Environmental Laws) that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect, and (zb) is are not subject to, to or in default with respect to, to any final judgments, writs, injunctions, decrees, rulesorders, rules or regulations of any court or any federal, state, municipal, municipal or other governmental department, commission, board, bureau, agency, agency or instrumentality, domestic or foreign, that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Tiptree Inc.)

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