Common use of Franchise and Related Litigation Clause in Contracts

Franchise and Related Litigation. The Company’s May 1, 2004 FOC for its standard franchise agreement sets forth accurate summary information about (i) any governmental regulatory, criminal, and/or material civil actions pending against the Company alleging a violation of a foreign and/or United States franchise, antitrust or securities law, fraud, unfair or deceptive practices, or comparable allegations as well as actions other than ordinary routine litigation incidental to the Company’s business which are significant in the context of the number of the Company’s franchisees and the size, nature or financial condition of the franchise system or its business operations; (ii) any convictions of a felony, nolo contendre pleas to a felony charge, and adverse final judgments in a civil action in foreign countries and/or the United States for the period for which disclosure is required in the FOC as well as all material actions for the period for which disclosure is required in the FOC involving violation of a franchise, antitrust or securities law, fraud, unfair or deceptive practices, or comparable allegations; and (iii) all currently effective injunctive or restrictive orders or decrees relating to the franchise area under a foreign, federal, state, or local franchise, securities, antitrust, trade regulation, or trade practices law resulting from a concluded or pending action or proceeding brought by a public agency. In addition, the Company has not received notice of any threatened administrative, criminal and/or material civil action against it and/or any persons disclosed in Item 2 of the Company’s May 1, 2004 FOC for its standard franchise agreement where such threatened administrative, criminal and/or material civil action alleges a violation of a foreign and/or United States franchise, antitrust law, or securities law, fraud, unfair or deceptive practices, or comparable allegations as well as actions other than ordinary routine litigation incidental to the Company’s business which are significant in the context of the number of the Company’s franchisees and the size, nature, or financial condition of the franchise system or its business operations.

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (Nutri System Inc /De/)

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Franchise and Related Litigation. The Company’s May 1, 2004 FOC 's April 1997 FOCs for its standard universal area franchise agreement sets and universal individual franchise agreement set forth accurate summary information about (iA) any governmental regulatory, criminal, and/or material civil actions pending against the Company alleging a violation of a foreign and/or United States franchise, antitrust or securities law, fraud, unfair or deceptive practices, or comparable allegations as well as actions other than ordinary routine litigation incidental to the Company’s 's business which are significant in the context of the number of the Company’s 's franchisees and the size, nature or financial condition of the franchise system or its business operations; (iiB) any convictions of a felony, nolo contendre pleas to a felony charge, and adverse final judgments in a civil action in foreign countries and/or the United States for the period for which disclosure is required in the FOC since April 1987 as well as all material actions for the period for which disclosure is required in the FOC since April 1987 involving violation of a franchise, antitrust or securities law, fraud, unfair or deceptive practices, or comparable allegations; and (iiiC) all currently effective injunctive or restrictive orders or decrees relating to the franchise area under a foreign, federal, state, or local franchise, securities, antitrust, trade regulation, or trade practices law resulting from a concluded or pending action or proceeding brought by a public agency. In addition, the Company has not received notice of any threatened administrative, criminal and/or material civil action against it and/or any persons disclosed in Item 2 II of the Company’s May 1, 2004 FOC 's April 1997 FOCs for its standard franchise agreement Universal Area Franchise Agreement and Universal Individual Franchise Agreement where such threatened administrative, criminal and/or material civil action alleges a violation of a foreign and/or United States franchise, antitrust law, or securities law, fraud, unfair or deceptive practices, or comparable allegations as well as actions other than ordinary routine litigation incidental to the Company’s 's business which are significant in the context of the number of the Company’s 's franchisees and the size, nature, or financial condition of the franchise system or its business operations.

Appears in 1 contract

Samples: Merger Agreement (Mail Boxes Etc)

Franchise and Related Litigation. The Company’s May 1, 2004 FOC Renters -------------------------------- Choice Entities' April 1997 FOCs for its standard their universal area franchise agreement sets and universal individual franchise agreement set forth accurate summary information about (i) any governmental regulatory, criminal, and/or material civil actions pending against the Company applicable Renters Choice Entity alleging a violation of a foreign and/or United States franchise, antitrust or securities law, fraud, unfair or deceptive practices, or comparable allegations as well as actions other than ordinary routine litigation incidental to the Company’s applicable Renters Choice Entity's business which are significant in the context of the number of the Company’s applicable Renters Choice Entity's franchisees and the size, nature or financial condition of the franchise system or its business operations; (ii) any convictions of a felony, nolo contendre pleas to a felony charge, and adverse final judgments in a civil action in foreign countries and/or the United States for the period for which disclosure is required in the FOC since April 1987 as well as all material actions for the period for which disclosure is required in the FOC since April 1987 involving violation of a franchise, antitrust or securities law, fraud, unfair or deceptive practices, or comparable allegations; and (iii) all currently effective injunctive or restrictive orders or decrees relating to the franchise area under a foreign, federal, state, or local franchise, securities, antitrust, trade regulation, or trade practices law resulting from a concluded or pending action or proceeding brought by a public agency. In addition, the Company has Renters Choice Entities have not received notice of any threatened administrative, criminal and/or material civil action against it them and/or any persons disclosed in Item 2 II of the Company’s May 1, 2004 FOC Renters Choice Entities' April 1997 FOCs for its standard franchise agreement their Universal Area Franchise Agreement and Universal Individual Franchise Agreement where such threatened administrative, criminal and/or material civil action alleges a violation of a foreign and/or United States franchise, antitrust law, or securities law, fraud, unfair or deceptive practices, or comparable allegations as well as actions other than ordinary routine litigation incidental to the Company’s applicable Renters Choice Entity's business which are significant in the context of the number of the Company’s applicable Renters Choice Entity's franchisees and the size, nature, or financial condition of the franchise system or its business operations.

Appears in 1 contract

Samples: Stock Purchase Agreement (Apollo Investment Fund Iv Lp)

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Franchise and Related Litigation. The Company’s May 1, 2004 FOC 's April 1997 FOCs -------------------------------- for its standard universal area franchise agreement sets and universal individual franchise agreement set forth accurate summary information about (iA) any governmental regulatory, criminal, and/or material civil actions pending against the Company alleging a violation of a foreign and/or United States franchise, antitrust or securities law, fraud, unfair or deceptive practices, or comparable allegations as well as actions other than ordinary routine litigation incidental to the Company’s 's business which are significant in the context of the number of the Company’s 's franchisees and the size, nature or financial condition of the franchise system or its business operations; (iiB) any convictions of a felony, nolo contendre pleas to a felony charge, and adverse final judgments in a civil action in foreign countries and/or the United States for the period for which disclosure is required in the FOC since April 1987 as well as all material actions for the period for which disclosure is required in the FOC since April 1987 involving violation of a franchise, antitrust or securities law, fraud, unfair or deceptive practices, or comparable allegations; and (iiiC) all currently effective injunctive or restrictive orders or decrees relating to the franchise area under a foreign, federal, state, or local franchise, securities, antitrust, trade regulation, or trade practices law resulting from a concluded or pending action or proceeding brought by a public agency. In addition, the Company has not received notice of any threatened administrative, criminal and/or material civil action against it and/or any persons disclosed in Item 2 II of the Company’s May 1, 2004 FOC 's April 1997 FOCs for its standard franchise agreement Universal Area Franchise Agreement and Universal Individual Franchise Agreement where such threatened administrative, criminal and/or material civil action alleges a violation of a foreign and/or United States franchise, antitrust law, or securities law, fraud, unfair or deceptive practices, or comparable allegations as well as actions other than ordinary routine litigation incidental to the Company’s 's business which are significant in the context of the number of the Company’s 's franchisees and the size, nature, or financial condition of the franchise system or its business operations.

Appears in 1 contract

Samples: Merger Agreement (Us Office Products Co)

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