Lawsuits and Proceedings. Executive represents and warrants that Executive has not filed, nor assigned to others the right to file, nor are there currently pending, any complaints, charges, claims, grievances, or lawsuits against Bank with any administrative, state, federal, or governmental entity or agency or with any court. Executive agrees never to file or pursue a lawsuit or to participate as a class member in any lawsuit, based on any claim released by this Agreement. Executive understands that Executive may file a charge or participate in an investigation or proceeding conducted by an agency of the United States Government or of any state. Executive further agrees that Executive will not seek personal recovery as a result of any charge or litigation based on claims released herein and hereby waives any right to personal recovery for claims filed on Executive’s behalf.
Lawsuits and Proceedings. There are no material actions at law or in equity, governmental proceedings or investigations pending or to the knowledge of USMS, and USMS is not in material default with respect to any decree, injunction or the order of any court or government authority.
Lawsuits and Proceedings. Except as disclosed herein there are no material actions at law or in equity, government proceedings or investigations pending or to the knowledge of FORTUNE 21 threatened against FORTUNE 21 or against or with respect to the business or assets of FORTUNE 21, and FORTUNE 21 is not in material default with respect to any decree, injunction or the order of any court or government authority. 7.5 Taxes. FORTUNE 21 knows of no outstanding claims against FORTUNE 21 for taxes which constitute a lien on the shares being sold hereunder.
Lawsuits and Proceedings. Except as set forth in Schedule 4.6, Transferor is not engaged in any legal action or other proceedings before any court or administrative agency which would or might prohibit the transactions contemplated hereby or which would or might adversely affect the Assets or the EMS Operations. Transferor is not a party to any action or proceeding, nor has it been threatened with any such action or proceeding, nor does there exist any basis therefor, which will or could have a material adverse effect on the condition, financial or otherwise, of the Assets or the EMS Operations. No order, writ, injunction or decree has been issued by, or, to the best of Transferor’s knowledge, after due and diligent inquiry, requested of, any court or governmental agency which does or may result in any material adverse change in the Assets or in the financial condition of Transferor.
Lawsuits and Proceedings. Except as disclosed in the Financial Statements and Reports, there are no material actions at law or in equity, governmental proceedings or investigations pending or to the knowledge of VTS threatened against the VTS or against or with respect to the business or assets of the VTS, and VTS is not in material default with respect to any decree, injunction or the order of any court or government authority. Except as disclosed in the Financial Statements or Reports, VTS is in substantial compliance with and has not received any notice of any claimed violation of, any material federal, state, county or municipal laws, ordinances, and regulation, and there is no action at law or in equity, arbitration proceeding, governmental proceeding or investigation, or motion or request to any court, pending or to the knowledge of VTS threatened, against or with respect to VTS with respect to this Agreement or any of the transactions contemplated hereby. 6.6
Lawsuits and Proceedings. 11 Section 3.07
Lawsuits and Proceedings. 19 Section 4.06 Broker and Finder Fees............................................19 Section 4.07 Financing and Net Worth...........................................19 Section 4.08 Acknowledgement of Certain Saint Louis Bread Proprietary Rights.. 19 ARTICLE V..............................................................................19
Lawsuits and Proceedings. Except as set forth on Schedule 3.06, there is no suit, claim, action, audit, investigation or proceeding pending or, to Seller's knowledge, threatened against Seller or ABPH before or involving any Governmental Authority. Neither the Seller nor ABPH is in default with respect to any decree, injunction or other order of any Governmental Authority. Neither the Seller nor ABPH is a party to any consent decree or settlement with any Governmental Authority, nor is there such a consent decree or settlement affecting the Au Bon Pain Division.
Lawsuits and Proceedings. There is no suit, claim, action, audit, investigation or proceeding pending or, to Buyer's knowledge, threatened against Buyer before or involving any Governmental Authority. The Buyer is not in default with respect to any decree, injunction or other order of any Governmental Authority.
Lawsuits and Proceedings. Seller represents and warrants that to the best of Seller's knowledge there are no lawsuits or administrative proceedings pending or threatened against the Corporation or affecting any of its properties or rights, nor is the Corporation or any of its officers or directors aware of any acts that reasonably could result in a lawsuit or administrative proceeding against the Corporation or affecting any of its properties or rights.
