Common use of Investigation; Litigation Clause in Contracts

Investigation; Litigation. To the actual knowledge of such Stockholder, (i) there is no investigation or review pending or threatened by any Governmental Entity, (ii) there are no Claims pending or threatened by or before any Governmental Entity, arbitrator or arbitration panel against such Stockholder or any of its properties or assets and (iii) there are no Orders of any Governmental Entity, arbitrator or arbitration panel outstanding binding on such Stockholder or any of its respective properties or assets, in each case, that would reasonably be expected to have, individually or in the aggregate, a material adverse effect on such Stockholder’s ability to perform and comply with its covenants and agreements under this Agreement.

Appears in 3 contracts

Samples: Merger Support Agreement, Merger Support Agreement (Vistra Energy Corp), Merger Support Agreement (Dynegy Inc.)

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Investigation; Litigation. To the actual knowledge of such the Stockholder, (i) there is no investigation or review pending or threatened by any Governmental Entity, (ii) there are no Claims pending or threatened by or before any Governmental Entity, arbitrator or arbitration panel against such the Stockholder or any of its properties or assets and (iii) there are no Orders of any Governmental Entity, arbitrator or arbitration panel outstanding binding on such the Stockholder or any of its respective properties or assets, in each case, that would reasonably be expected to have, individually or in the aggregate, a material adverse effect on such the Stockholder’s ability to perform and comply with its covenants and agreements under this Agreement.

Appears in 1 contract

Samples: Merger Support Agreement (Vistra Energy Corp)

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