Common use of Litigation; Adverse Facts Clause in Contracts

Litigation; Adverse Facts. Except as set forth on Schedule 5.10, there are no judgments outstanding against any Credit Party or any of its Subsidiaries or affecting any property of any Credit Party or any of its Subsidiaries, nor is there any Litigation pending, or to the best knowledge of any Credit Party threatened, against any Credit Party or any of its Subsidiaries which could reasonably be expected to result in any Material Adverse Effect.

Appears in 12 contracts

Samples: Credit Agreement (Penhall International Corp), Credit Agreement (Osullivan Industries Inc), Credit Agreement (Osullivan Industries Holdings Inc)

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Litigation; Adverse Facts. Except as set forth on Schedule 5.10, there are no judgments outstanding against any Credit Party or any of its Subsidiaries or affecting any property of any Credit Party or any of its SubsidiariesSubsidiaries that constitute an Event of Default, nor is there any Litigation pending, or to the best knowledge of any Credit Party threatened, against any Credit Party or any of its Subsidiaries which Litigation could reasonably be expected expected, individually or in the aggregate, to result in any a Material Adverse Effect.

Appears in 3 contracts

Samples: Senior Secured Credit Agreement (Neff Corp), Credit Agreement (Neff Rental Inc), Credit Agreement (Neff Rental Inc)

Litigation; Adverse Facts. Except as set forth on Schedule 5.10, there are no judgments outstanding against any Credit Party or any of its Subsidiaries or affecting any property of any Credit Party or any of its Subsidiaries, nor is there any Litigation pending, or to the best knowledge of any Credit Party threatened, against any Credit Party or any of its Subsidiaries which in any such case could reasonably be expected to result in any Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Golfsmith International Holdings Inc), Credit Agreement (Golfsmith International Holdings Inc)

Litigation; Adverse Facts. Except as set forth on Schedule 5.10, 5.10 there are no judgments outstanding against any Credit Party or any of its Subsidiaries or affecting any property of any Credit Party or any of its Subsidiaries, nor is there any Litigation pending, or to the best knowledge of any Credit Party threatened, against any Credit Party or any of its Subsidiaries which which, in each case or in the aggregate, could reasonably be expected to result in any Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Tempur Pedic International Inc), Credit Agreement (Twi Holdings Inc)

Litigation; Adverse Facts. Except as set forth on Schedule 5.10, there are no judgments outstanding against any Credit Party or any of its Subsidiaries or affecting any property of any Credit Party or to any of its Subsidiaries, nor is there any Litigation pending, or to the best knowledge of any Credit Party threatened, against any Credit Party or any of its Subsidiaries which could reasonably be expected to result in any Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Cherokee International Corp)

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Litigation; Adverse Facts. Except as set forth on Schedule 5.10, there are no judgments outstanding against any Credit Party or any of its Subsidiaries or affecting any property of any Credit Party or any of its SubsidiariesSubsidiaries that constitute an Event of Default, nor is there any Litigation pending, or to the best knowledge of any Credit Party threatened, against any Credit Party or any of its Subsidiaries which Litigation could reasonably be expected to result in any Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Neff Finance Corp.)

Litigation; Adverse Facts. Except as set forth on Schedule 5.10, there are no judgments outstanding against any Credit Party or any of its Subsidiaries or affecting any property of any Credit Party or any of its Subsidiaries, nor is there any Litigation pending, or to the best knowledge of any Credit Party threatenedthreatened in writing, against any Credit Party or any of its Subsidiaries which which, in each case, could reasonably be expected to result in any Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (RathGibson Inc)

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