Legal Restraints/Litigation. As of the Closing Date, there shall be no (x) injunction, writ or restraining order restraining or prohibiting the consummation of the financing arrangements contemplated under this Financing Agreement, or (y) suit, action, investigation or proceeding (judicial or administrative) pending against any Company, any Guarantor, any subsidiary of any Company or any of their assets, which, in the opinion of the Agent, if adversely determined, could have a Material Adverse Effect.
Legal Restraints/Litigation. On the Closing Date, except as set forth on Schedule 6.06 hereto, there shall be no (1) litigation, investigation or proceeding (judicial or administrative) pending or, to the knowledge of the Borrower, threatened, against the Borrower or its Subsidiaries, or their assets, by any agency, division or department of any county, city, state or federal government arising out of the transactions contemplated by the Loan Documents, (2) injunction, writ or restraining order restraining or prohibiting the transactions contemplated pursuant to the transactions contemplated by the Loan Documents, or (3) suit, action, investigation or proceeding (judicial or administrative) pending or, to the knowledge of the Borrower, threatened against the Borrower or its Subsidiaries, or its assets, which could have a Material Adverse Effect.
Legal Restraints/Litigation. As of the Closing Date, there shall be no: (x) litigation, investigation or proceeding (judicial or administrative) pending or, to the knowledge of the Companies, threatened against the Companies or the Guarantors or their assets, by any agency, division or department of any county, city, state or federal government arising out of this Financing Agreement; (y) injunction, writ or restraining order restraining or prohibiting the financing arrangements contemplated under this Financing Agreement; or (z) suit, action, investigation or proceeding (judicial or administrative) pending against the Companies or the Guarantors or their assets, which, in the opinion of the Lender, if adversely determined, could reasonably be expected to have a material adverse effect on the business, operation, assets, financial condition or Collateral of the Companies and/or the Guarantors.
Legal Restraints/Litigation. Except as set forth in any public filings made by any Borrower or Guarantor with the Securities and Exchange Commission, there shall be no (1) litigation, investigation or proceeding (judicial or administrative) pending or threatened against the Borrowers or the Guarantors or their respective assets or properties (other than the Case), by any Person relating in any way to the transactions contemplated by this Agreement and the other Loan Documents or the consummation of the Restructuring, (2) injunction, writ or restraining order restraining or prohibiting the transactions contemplated by this Agreement and the other Loan Documents or the consummation of the Restructuring, or (3) suit, action, investigation or proceeding (judicial or administrative) pending or threatened against the Borrowers or the Guarantors, or their assets, which, in the opinion of the Lenders, if adversely determined could have a Material Adverse Effect.
Legal Restraints/Litigation. At the date of --------------------------- execution of this Financing Agreement, there shall be, to the knowledge of the management of the Company or to the knowledge of the Agent, no (x) litigation, investigation or proceeding (judicial or administrative) pending or threatened against the Company or its assets, by any agency, division or department of any county, city, state, province or federal government arising out of this Financing Agreement, or the financing arrangement contemplated under this Financing Agreement, (y) injunction, writ or restraining order restraining or prohibiting the consummation of the financing arrangements contemplated under this Financing Agreement or (z) suit, action, investigation or proceeding (judicial or administrative) pending or threatened against the Company, or its assets, which, if adversely determined could have a material adverse effect on the business, operation, assets or financial condition of the Company or the Collateral.
Legal Restraints/Litigation. As of the Closing Date, there shall be no (x) injunction, writ or restraining order restraining or prohibiting the consummation of the financing arrangements contemplated under this Financing Agreement, or (y) suit, action, investigation or proceeding (judicial or administrative) pending against any Credit Party or any of its assets, which, in the opinion of the Lender, is reasonably likely to be adversely determined and, if adversely determined, would have a Material Adverse Effect.
Legal Restraints/Litigation. At the date of execution of this Financing Agreement, there shall be no x) litigation, investigation or proceeding (judicial or administrative) pending or threatened against the Company or its assets by any agency, division or department of any county, city, state or federal government arising out this Financing Agreement, y) injunction, writ or restraining order restraining or prohibiting the consummation of the financing arrangements contemplated under this Financing Agreement or z) suit, action, investigation or proceeding (judicial or administrative) pending or threatened against the Company or its assets, which is reasonably likely to result in a material adverse effect on the business, operation, assets, financial condition or Collateral of the Company.
Legal Restraints/Litigation. As of the Closing Date, there shall be no: (x) litigation, investigation or proceeding (judicial or administrative) pending or threatened against the Company or the Guarantors or their assets, by any agency, division or department of any county, city, state or federal government arising out of this Financing Agreement; (y) injunction, writ or restraining order restraining or prohibiting the financing arrangements contemplated under this Financing Agreement; or (z) suit, action, investigation or proceeding (judicial or administrative) pending against the Company or the Guarantors or their assets, which, in the opinion of CIT, if adversely determined, could have a material adverse effect on the business, operation, assets, financial condition or Collateral of the Company and/or the Guarantors.
Legal Restraints/Litigation. As of the Effective Date, there shall be no (x) injunction, writ or restraining order restraining or prohibiting the consummation of the financing arrangements contemplated under this Agreement, or (y) suit, action, investigation or proceeding (judicial or administrative) pending against the Company, any subsidiary of the Company or any of their assets, which, in the opinion of CIT, if adversely determined, could have a material adverse effect on the Company.
Legal Restraints/Litigation. As of the Closing Date, there shall be no (x) litigation, investigation or proceeding (judicial or administrative) pending or threatened against the Company or the Guarantors or their assets, by any Governmental Authority arising out of this Financing Agreement, (y) injunction, writ or restraining order restraining or prohibiting the financing arrangements contemplated under this Financing Agreement or (z) suit, action, investigation or proceeding (judicial or administrative) pending against the Company or the Guarantors or their assets, which, in the judgment of HILCO, if adversely determined, could have a Material Adverse Effect.
