Common use of Conflicting Agreements; Litigation Clause in Contracts

Conflicting Agreements; Litigation. No provisions of any mortgage, indenture, contract, agreement, statute, rule, regulation, judgment, decree or order binding on such Junior Creditor conflicts with, or requires any consent which has not already been obtained under, or would in any way prevent the execution, delivery or performance of the terms of this Agreement by such Junior Creditor or the Junior Debt Documents by the parties thereto. No pending or, to the best of such Junior Creditor’s knowledge, threatened, litigation, arbitration or other proceedings if adversely determined would prevent the performance of the terms of this Agreement by such Junior Creditor or the Junior Debt Documents by the parties thereto.

Appears in 2 contracts

Samples: Note Agreement (Fairway Group Holdings Corp), Subordination Agreement (Fairway Group Holdings Corp)

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Conflicting Agreements; Litigation. No provisions of any mortgage, indenture, contract, agreement, statute, rule, regulation, judgment, decree or order binding on such the Junior Creditor Creditors conflicts with, or requires any consent which has not already been obtained under, or would in any way prevent the execution, delivery or performance by such Junior Creditor of the terms of this Agreement by or the other Junior Debt Documents to which such Junior Creditor or the Junior Debt Documents by the parties theretois a party. No pending or, to the best of such Junior Creditor’s knowledge, threatened, litigation, arbitration or other proceedings if adversely determined would prevent the performance by such Junior Creditor of the terms of this Agreement by or the other Junior Debt Documents to which such Junior Creditor or the Junior Debt Documents by the parties theretois a party.

Appears in 1 contract

Samples: Subordination Agreement (Evolving Systems Inc)

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Conflicting Agreements; Litigation. No provisions of any mortgage, indenture, contract, agreement, statute, rule, regulation, judgment, decree or order binding on such the Junior Creditor Creditors conflicts with, or requires any consent which has not already been obtained under, or would in any way prevent the execution, delivery or performance of the terms of this Agreement by such the Junior Creditor Creditors or the Junior Debt Documents by the parties thereto. No pending or, to the best of such the Junior Creditor’s Creditors’ knowledge, threatened, litigation, arbitration or other proceedings if adversely determined would prevent the performance of the terms of this Agreement by such Junior Creditor party or the Junior Debt Documents by the parties thereto.

Appears in 1 contract

Samples: Subordination Agreement (Evolving Systems Inc)

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