Common use of Judgments; Litigation Clause in Contracts

Judgments; Litigation. Except as set forth on Schedule 4.17, there is no (a) outstanding judgment, order, decree, award, stipulation or injunction of any local, state, provincial, federal or foreign court, government or governmental department, commission, instrumentality, board, agency or authority (“Governmental Entity”) against Seller, the Assets or the Business, (b) action, suit, arbitration, hearing, inquiry, proceeding, complaint, charge or investigation, whether civil, criminal or administrative (“Action”), by or before any Governmental Entity or arbitrator or any appeal from any of the foregoing pending or, to Seller’s knowledge, threatened, against Seller, the Assets or the Business, or (c) fact or circumstance which Seller has recognized as reasonably likely to lead to the instigation of any Action.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Masimo Corp), Asset Purchase Agreement (Masimo Corp)

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Judgments; Litigation. Except as set forth on Schedule 4.173.18, --------------------- there is no (a) outstanding judgment, order, decree, award, stipulation or injunction of any localxxxxx, statexxxxx, provincial, federal xxxxxxx or foreign court, government or governmental department, commission, instrumentality, board, agency or authority ("Governmental Entity") against Selleror affecting any Seller or its properties, the Assets assets or the Businessbusiness, (b) action, suit, arbitration, hearing, inquiry, proceeding, complaint, charge or investigation, whether civil, criminal or administrative ("Action"), by or before any Governmental Entity or arbitrator or any appeal from any of the foregoing pending orpending, or to Seller’s the Sellers' knowledge, threatenedthreatened against or affecting any Seller or its properties, against Seller, the Assets assets or the Businessbusiness, or (c) fact or circumstance arising from the operation of any Seller or any business which Seller has recognized as is reasonably likely to lead to the instigation of any Action.

Appears in 1 contract

Samples: Purchase Agreement (Hines Horticulture Inc)

Judgments; Litigation. Except as set forth on Schedule SCHEDULE 4.17, there is no (a) outstanding judgment, order, decree, award, stipulation or injunction of any local, state, provincial, federal or foreign court, government or governmental department, commission, instrumentality, board, agency or authority (“Governmental Entity”"GOVERNMENTAL ENTITY") against Seller, the Assets or the Business, or (b) action, suit, arbitration, hearing, inquiry, proceeding, complaint, charge or investigation, whether civil, criminal or administrative (“Action”"ACTION"), by or before any Governmental Entity or arbitrator or any appeal from any of the foregoing pending or, to Seller’s 's knowledge, threatened, against Seller, the Assets or the Business, or (c) fact or circumstance which Seller has recognized as reasonably likely to lead to the instigation of any Action.

Appears in 1 contract

Samples: Asset Purchase Agreement (Matria Healthcare Inc)

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Judgments; Litigation. Except as set forth on Schedule SCHEDULE 4.17, there is no (a) outstanding judgment, order, decree, award, stipulation or injunction of any local, state, provincial, federal or foreign court, government or governmental department, commission, instrumentality, board, agency or authority (“Governmental Entity”"GOVERNMENTAL ENTITY") against the Seller, the Assets or the Business, (b) action, suit, arbitration, hearing, inquiry, proceeding, complaint, charge or investigation, whether civil, criminal or administrative (“Action”"ACTION"), by or before any Governmental Entity or arbitrator or any appeal from any of the foregoing pending or, to the Seller’s 's knowledge, threatened, against the Seller, the Assets or the Business, or (c) fact or circumstance which the Seller has recognized as reasonably likely to lead to the instigation of any Action.

Appears in 1 contract

Samples: Asset Purchase Agreement (Matria Healthcare Inc)

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