Common use of Litigation; Adverse Facts Clause in Contracts

Litigation; Adverse Facts. There are no actions, suits, proceedings, arbitrations or governmental investigations (whether or not purportedly on behalf of Holdings or any of its Subsidiaries) at law or in equity, or before or by any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign (including any Environmental Claims) that are pending or, to the knowledge of Holdings or Company, threatened against or affecting Holdings or any of its Subsidiaries or any property of Holdings or any of its Subsidiaries and that, individually or in the aggregate, would reasonably be expected to result in a Material Adverse Effect. Neither Holdings nor any of its Subsidiaries (i) is in violation of any applicable laws (including Environmental Laws) that, individually or in the aggregate, would reasonably be expected to result in a Material Adverse Effect, or (ii) is subject to or in default with respect to any final judgments, writs, injunctions, decrees, rules or regulations of any court or any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, that, individually or in the aggregate, would reasonably be expected to result in a Material Adverse Effect.

Litigation; Adverse Facts. There Except as set forth in Schedule 5.6 annexed hereto, there are no actions, suits, proceedings, arbitrations or governmental investigations (whether or not purportedly on behalf of Holdings Company or any of its Subsidiaries) at law or in equity, or before or by any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign (including any Environmental Claims) that are pending or, to the knowledge of Holdings or Company, threatened against or affecting Holdings Company or any of its Subsidiaries or any property of Holdings Company or any of its Subsidiaries and that, individually or in the aggregate, would could reasonably be expected to result in a Material Adverse Effect. Neither Holdings Company nor any of its Subsidiaries (i) is in violation of any applicable laws (including Environmental Laws) that, individually or in the aggregate, would could reasonably be expected to result in a Material Adverse Effect, or (ii) is subject to or in default with respect to any final judgments, writs, injunctions, decrees, rules or regulations of any court or any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, that, individually or in the aggregate, would could reasonably be expected to result in a Material Adverse Effect.

Litigation; Adverse Facts. There are no actions, suits, proceedings, arbitrations or governmental investigations (whether or not purportedly on behalf of Holdings Company or any of its Subsidiaries) at law or in equity, or before or by any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign (including any Environmental Claims) that are pending or, to the knowledge of Holdings or Company, threatened against or affecting Holdings Company or any of its Subsidiaries or any property of Holdings Company or any of its Subsidiaries and that, individually or in the aggregate, would could reasonably be expected to result in a Material Adverse Effect. Neither Holdings Company nor any of its Subsidiaries (i) is in violation of any applicable laws (including Environmental Laws) that, individually or in the aggregate, would could reasonably be expected to result in a Material Adverse Effect, or (ii) is subject to or in default with respect to any final judgments, writs, injunctions, decrees, rules or regulations of any court or any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, that, individually or in the aggregate, would could reasonably be expected to result in a Material Adverse Effect.

Litigation; Adverse Facts. There Except as set forth in Schedule 5.6 annexed hereto, there are no actions, suits, proceedings, arbitrations or or, to Company's Best Knowledge, governmental investigations (whether or not purportedly on behalf of Holdings Company or any of its Subsidiaries) at law or in equity, equity or before or by any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign (including any Environmental Claims) that are foreign, pending or, to the knowledge of Holdings or Company, threatened against or affecting Holdings Company or any of its Subsidiaries or any property of Holdings Company or any of its Subsidiaries and that, individually or in the aggregate, would could reasonably be expected to result in a Material Adverse Effect. Neither Holdings Company nor any of its Subsidiaries is (i) is in violation of any applicable laws (including Environmental Laws) that, individually or in the aggregate, would could reasonably be expected to result in a Material Adverse Effect, Effect or (ii) is subject to or in default with respect to any final judgments, writs, injunctions, decrees, rules or regulations of any court or any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, that, individually or in the aggregate, would could reasonably be expected to result in a Material Adverse Effect.

Litigation; Adverse Facts. There Except as described in Schedule 5.6, there are no actions, suits, proceedings, arbitrations or governmental investigations (whether or not purportedly on behalf of Holdings Company or any of its Company's Subsidiaries) at law or in equity, equity or before or by any federal, state, provincial, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign (including any Environmental Claims) that are foreign, pending or, to the knowledge of Holdings or Company, threatened against or affecting Holdings Company or any of its Company's Subsidiaries or any property of Holdings Company or any of its Company's Subsidiaries and that, individually or in the aggregate, would could reasonably be expected to result in a Material Adverse Effect. Neither Holdings Company nor any of its Company's Subsidiaries is (i) is in violation of any applicable laws (including Environmental Laws) that, individually or in the aggregate, would could reasonably be expected to result in a Material Adverse Effect, Effect or (ii) is subject to or in default with respect to any final judgments, writs, injunctions, decrees, rules or regulations of any court or any federal, state, provincial, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, that, individually or in the aggregate, would could reasonably be expected to result in a Material Adverse Effect.

Litigation; Adverse Facts. A. Proceedings, Investigations and Violations. There are no actions, suits, proceedings, arbitrations or governmental investigations (whether or not purportedly on behalf of Holdings Company or any of its Subsidiaries) at law or in equity, or before or by any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentalityinstrumentality or Gaming Authority, domestic or foreign (including any Environmental Claims) that are pending or, to the knowledge of Holdings or Company, threatened against or affecting Holdings Company or any of its Subsidiaries or any property of Holdings Company or any of its Subsidiaries and that, individually or in the aggregate, would could reasonably be expected to result in have a Material Adverse Effect. Neither Holdings Company nor any of its Subsidiaries (i) is in violation of any applicable laws (including Environmental Laws) that, individually or in the aggregate, would could reasonably be expected to result in have a Material Adverse Effect, or (ii) is subject to or in default with respect to any final judgments, writs, injunctions, decrees, rules or regulations of any court or any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, that, individually or in the aggregate, would could reasonably be expected to result in have a Material Adverse Effect.

Litigation; Adverse Facts. There Except as set forth in Schedule 5.6 annexed hereto, there are no ------------ actions, suits, proceedings, arbitrations or governmental investigations (whether or not purportedly on behalf of Holdings Company or any of its Subsidiaries) at law or in equity, or before or by any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign (including any Environmental Claims) that are pending or, to the knowledge of Holdings or any officer of Company, threatened in writing against or affecting Holdings Company or any of its Subsidiaries or any property of Holdings Company or any of its Subsidiaries and that, individually or in the aggregate, would reasonably be expected to result in a Material Adverse Effect. Neither Holdings Company nor any of its Subsidiaries (i) is in violation of any applicable laws (including Environmental Laws) that, individually or in the aggregate, would reasonably be expected to result in a Material Adverse Effect, or (ii) is subject to or in default with respect to any final judgments, writs, injunctions, decrees, rules or regulations of any court or any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, that, individually or in the aggregate, would reasonably be expected to result in a Material Adverse Effect.

Litigation; Adverse Facts. There are no actions, suits, proceedings, arbitrations or governmental investigations (whether or not purportedly on behalf of Holdings or any of its Subsidiaries) at law or in equity, or before or by any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign (including any Environmental Claims) that are pending or, to the knowledge of Holdings or Companyany Credit Agreement Party, threatened against or affecting Holdings or any of its Subsidiaries or any property of Holdings or any of its Subsidiaries and that, individually or in the aggregate, would reasonably be expected to result in a Material Adverse Effect. Neither Holdings nor any of its Subsidiaries (i) is in violation of any applicable laws (including Environmental Laws) that, individually or in the aggregate, would reasonably be expected to result in a Material Adverse Effect, or (ii) is subject to or in default with respect to any final judgments, writs, injunctions, decrees, rules or regulations of any court or any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, that, individually or in the aggregate, would reasonably be expected to result in a Material Adverse Effect.

Litigation; Adverse Facts. There are no actions, suits, proceedings, arbitrations or governmental investigations (whether or not purportedly on behalf of Holdings any Loan Party or any of its Subsidiaries) at law or in equity, or before or by any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign (including any Environmental Claims) that are pending or, to the knowledge of Holdings or Companyeither Borrower, threatened against or affecting Holdings any Loan Party or any of its Subsidiaries or any property of Holdings any Loan Party or any of its Subsidiaries and that, individually or in the aggregate, would could reasonably be expected to result in a Material Adverse Effect. Neither Holdings No Loan Party nor any of its Subsidiaries (i) is in violation of any applicable laws (including Environmental Laws) that, individually or in the aggregate, would could reasonably be expected to result in a Material Adverse Effect, or (ii) is subject to or in default with respect to any final judgments, writs, injunctions, decrees, rules or regulations of any court or any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, that, individually or in the aggregate, would could reasonably be expected to result in a Material Adverse Effect.

Litigation; Adverse Facts. There are no actions, suits, proceedings, arbitrations or governmental investigations (whether or not purportedly on behalf of Holdings Holdings, Company or any of its Company's Subsidiaries) at law or in equity, equity or before or by any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign (including any Environmental Claims) that are foreign, pending or, to the knowledge of Holdings or Companyany Borrower, threatened against or affecting Holdings Holdings, Company or any of its Company's Subsidiaries or any property of Holdings Holdings, Company or any of its Company's Subsidiaries and that, individually or in the aggregate, would could reasonably be expected to result in a Material Adverse Effect. Neither Holdings nor Company nor any of its Company's Subsidiaries is (i) is in violation of any applicable laws (including Environmental Laws) that, individually or in the aggregate, would could reasonably be expected to result in a Material Adverse Effect, Effect or (ii) is subject to or in default with respect to any final judgments, writs, injunctions, decrees, rules or regulations of any court or any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, that, individually or in the aggregate, would could reasonably be expected to result in a Material Adverse Effect.

Litigation; Adverse Facts. There Except as set forth in SCHEDULE 5.6, there are no actions, suits, proceedings, arbitrations or governmental investigations (whether or not purportedly on behalf of Holdings Company or any of its Subsidiaries) at law or in equity, or before or by any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign (including any Environmental Claims) that are pending or, to the knowledge of Holdings or Company, threatened against or affecting Holdings Company or any of its Subsidiaries or any property of Holdings Company or any of its Subsidiaries and that, individually or in the aggregate, would could reasonably be expected to result in a Material Adverse Effect. Neither Holdings Company nor any of its Subsidiaries (i) is in violation of any applicable laws (including Environmental Laws) that, individually or in the aggregate, would could reasonably be expected to result in a Material Adverse Effect, or (ii) is subject to or in default with respect to any final judgments, writs, injunctions, decrees, rules or regulations of any court or any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, that, individually or in the aggregate, would could reasonably be expected to result in a Material Adverse Effect.

Litigation; Adverse Facts. There Except as set forth in SCHEDULE 5.6 annexed hereto, there are no actions, suits, proceedings, arbitrations or governmental investigations (whether or not purportedly on behalf of Holdings Company or any of its Subsidiaries) at law or in equity, or before or by any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign (including any Environmental Claims) that are pending or, to the actual knowledge of Holdings or a Responsible Officer of Company, threatened against or affecting Holdings Company or any of its Subsidiaries or any property of Holdings Company or any of its Subsidiaries and that, individually or in the aggregate, would could reasonably be expected to result in a Material Adverse Effect. Neither Holdings Company nor any of its Subsidiaries (i) is in violation of any applicable laws (including Environmental Laws) that, individually or in the aggregate, would could reasonably be expected to result in a Material Adverse Effect, or (ii) is subject to or in default with respect to any final judgments, writs, injunctions, decrees, rules or regulations of any court or any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, that, individually or in the aggregate, would could reasonably be expected to result in a Material Adverse Effect.

Litigation; Adverse Facts. There are no actions, suits, proceedings, arbitrations or governmental investigations (whether or not purportedly on behalf of Holdings or any of its Subsidiaries) at law or in equity, or before or by any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign (including any Environmental Claims) that are pending or, to the knowledge of Holdings or Companyany Credit Agreement Party, threatened against or affecting Holdings or any of its Subsidiaries or any property of Holdings or any of its Subsidiaries and that, individually or in the aggregate, would reasonably be expected to -106- result in a Material Adverse Effect. Neither Holdings nor any of its Subsidiaries (i) is in violation of any applicable laws (including Environmental Laws) that, individually or in the aggregate, would reasonably be expected to result in a Material Adverse Effect, or (ii) is subject to or in default with respect to any final judgments, writs, injunctions, decrees, rules or regulations of any court or any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, that, individually or in the aggregate, would reasonably be expected to result in a Material Adverse Effect.

Litigation; Adverse Facts. There are no actions, suits, proceedings, arbitrations or governmental investigations (whether or not purportedly on behalf of Holdings Borrower or any of its Subsidiaries) at law or in equity, or before or by any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign (including any Environmental Claims) that are pending or, to the knowledge of Holdings or CompanyBorrower, threatened against or affecting Holdings Borrower or any of its Subsidiaries or any property of Holdings Borrower or any of its Subsidiaries and that, individually or in the aggregate, would could reasonably be expected to result in a Material Adverse Effect. Neither Holdings Borrower nor any of its Subsidiaries (i) is in violation of any applicable laws (including Environmental Laws) that, individually or in the aggregate, would could reasonably be expected to result in a Material Adverse Effect, or (ii) is subject to or in default with respect to any final judgments, writs, injunctions, decrees, rules or regulations of any court or any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, that, individually or in the aggregate, would could reasonably be expected to result in a Material Adverse Effect.

Litigation; Adverse Facts. There are no actions, suits, proceedings, arbitrations or governmental investigations (whether or not purportedly on behalf of Holdings Holdings, Company or any of its Company's 95 Subsidiaries) at law or in equity, equity or before or by any federal, state, municipal or other governmental govern mental department, commission, board, bureau, agency or instrumentality, domestic or foreign (including any Environmental Claims) that are foreign, pending or, to the knowledge of Holdings or Companyany Borrower, threatened against or affecting Holdings Holdings, Company or any of its Company's Subsidiaries or any property of Holdings Holdings, Company or any of its Company's Subsidiaries and that, individually or in the aggregate, would could reasonably be expected to result in a Material Adverse Effect. Neither Holdings nor Company nor any of its Company's Subsidiaries is (i) is in violation of any applicable laws (including Environmental Laws) that, individually or in the aggregate, would could reasonably be expected to result in a Material Adverse Effect, Effect or (ii) is subject to or in default with respect to any final judgments, writs, injunctions, decrees, rules or regulations of any court or any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, that, individually or in the aggregate, would could reasonably be expected to result in a Material Adverse Effect.

Litigation; Adverse Facts. There are no actions, suits, proceedings, arbitrations or governmental investigations (whether or not purportedly on behalf of Holdings or any of its Subsidiaries) at law or in equity, or before or by any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign (including any Environmental Claims) that are pending or, to the knowledge of Holdings or Company, threatened against or affecting Holdings or any of its Subsidiaries or any property of Holdings or any of its Subsidiaries and that, individually or in the aggregate, would could reasonably be expected to result in a Material Adverse Effect. Neither Holdings nor any of its Subsidiaries (i) is in violation of any applicable laws (including Environmental Laws) that), which violation, individually or in the aggregate, would could reasonably be expected to result in a Material Adverse Effect, or (ii) is subject to or in default with respect to any final judgments, writs, injunctions, decrees, rules or regulations of any court or any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, that, individually or in the aggregate, would could reasonably be expected to result in a Material Adverse Effect.

Litigation; Adverse Facts. There are no actions, suits, proceedings, arbitrations or governmental investigations (whether or not purportedly on behalf of Holdings any Loan Party or any of its Subsidiaries) at law or in equity, or before or by any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign (including any Environmental Claims) that are pending or, to the knowledge of Holdings or Company, threatened against or affecting Holdings any Loan Party or any of its Subsidiaries or any property of Holdings any Loan Party or any of its Subsidiaries and that, individually or in the aggregate, would reasonably be expected to result in a Material Adverse Effect. Neither Holdings No Loan Party nor any of its Subsidiaries (i) is in violation of any applicable laws (including Environmental Laws) that, individually or in the aggregate, would reasonably be expected to result in a Material Adverse Effect, or (ii) is subject to or in default with respect to any final judgments, writs, injunctions, decrees, rules or regulations of any court or any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, that, individually or in the aggregate, would reasonably be expected to result in a Material Adverse Effect.. -71- 79

Litigation; Adverse Facts. There are no actions, suits, proceedings, arbitrations or governmental investigations (whether or not purportedly on behalf of Holdings or any of its Subsidiaries) at law or in equity, or before or by any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign (including any Environmental Claims) that are pending or, to the knowledge of Holdings or Company, threatened against or affecting Holdings or any of its Subsidiaries or 103 any property of Holdings or any of its Subsidiaries and that, individually or in the aggregate, would reasonably be expected to result in a Material Adverse Effect. Neither Holdings nor any of its Subsidiaries (i) is in violation of any applicable laws (including Environmental Laws) that, individually or in the aggregate, would reasonably be expected to result in a Material Adverse Effect, or (ii) is subject to or in default with respect to any final judgments, writs, injunctions, decrees, rules or regulations of any court or any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, that, individually or in the aggregate, would reasonably be expected to result in a Material Adverse Effect.

Litigation; Adverse Facts. There are no actions, suits, proceedings, arbitrations or governmental investigations (whether or not purportedly on behalf of Holdings Holdings, Company or any of its Company's Subsidiaries) at law or in equity, equity or before or by any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign (including any Environmental Claims) that are foreign, pending or, to the knowledge of Holdings or Companyany Borrower, threatened against or affecting Holdings Holdings, Company or any of its Company's Subsidiaries or any property of Holdings Holdings, Company or any of its Company's Subsidiaries and that, individually or in the aggregate, would could reasonably be expected to result in a Material Adverse Effect. Neither Holdings nor Company nor any of its Company's Subsidiaries is (i) is in violation of any applicable laws (including Environmental Laws) that, individually or in the aggregate, would could reasonably be expected to result in a Material Adverse Effect, Effect or (ii) is subject to or in default with respect to any final judgments, writs, injunctions, decrees, rules or regulations of any court or any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, that, individually or in the aggregate, would could reasonably be expected to result in a Material Adverse Effect.. 104