Litigation; Adverse Proceedings. There are no Adverse Proceedings, individually or in the aggregate, that could reasonably be expected to have a Material Adverse Effect. Neither Company nor any of its Subsidiaries (a) is in violation of any applicable laws (including Environmental Laws) that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect, or (b) 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, could reasonably be expected to have a Material Adverse Effect.
Litigation; Adverse Proceedings. Except as set forth on Schedule 4.9, there are no judgments outstanding against any Borrower Party or creating any Lien affecting any property of any Borrower Party, nor is there any action, charge, claim, demand, suit, proceeding, petition, governmental investigation, Environmental Claims (as defined in the Environmental Indemnity) or arbitration now pending or, to Borrower’s knowledge, threatened in writing against any Borrower Party or affecting any Individual Property or the Collateral. No Borrower Party is a party to any lawsuit, arbitration or similar proceeding that, if determined adversely to such party, would be reasonably likely to have a Material Adverse Effect.
Litigation; Adverse Proceedings. There are no Adverse Proceedings pending or, to the knowledge of the Lessee, threatened individually or in the aggregate, that (i) seek to enjoin, either directly or indirectly, the execution, delivery or performance by the Lessee of the Operative Documents or the transactions contemplated hereby or thereby, or question the validity of the Operative Documents or the rights or remedies of the Lessor, the Agent or the Participants with respect to the Lessee or the Property under the Operative Documents or (ii) could reasonably be expected to have a Material Adverse Effect. The Lessee is not 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, could reasonably be expected to have a Material Adverse Effect.
Litigation; Adverse Proceedings. There are no Adverse Proceedings pending or, to the knowledge of the Guarantor, threatened individually or in the aggregate, (i) that seek to enjoin, either directly or indirectly, the execution, delivery or performance by the Guarantor of the Operative Documents or the transactions contemplated hereby or thereby, or question the validity of the Operative Documents or the rights or remedies of the Lessor, the Agent or the Participants with respect to the Guarantor or the Property under the Operative Documents or (ii) could reasonably be expected to have a Material Adverse Effect. Neither the Guarantor nor any of its Subsidiaries 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, could reasonably be expected to have a Material Adverse Effect.
Litigation; Adverse Proceedings. There are no Adverse Proceedings pending or, to the knowledge of the Lessee's General Partner, threatened individually or in the aggregate, that (i) seek to enjoin, either directly or indirectly, the execution, delivery or performance by the Lessee's General Partner of the Operative Documents to which it is a party or the transactions contemplated hereby or thereby, or question the validity of the Operative Documents or the rights or remedies of the Lessor, the Agent or the Participants with respect to the Lessee's General Partner under the Operative Documents or (ii) could reasonably be expected to have a Material Adverse Effect on the Lessee's General Partner. The Lessee's General Partner is not 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, could reasonably be expected to have a Material Adverse Effect on the Lessee's General Partner.
Litigation; Adverse Proceedings. (a) No injunction, stay or restraint regarding the Tender Offer, the Refinancing or the financing contemplated by this Agreement has been issued and is in effect, and no pending or threatened litigation, arbitration, or other proceeding exists which could reasonably be expected to result in any injunction, stay, or restraint of the Tender Offer, the Refinancing or the financing contemplated by this Agreement.
(b) There are no Adverse Proceedings, individually or in the aggregate, that could reasonably be expected to have a Material Adverse Effect.
Litigation; Adverse Proceedings. There are no Adverse ------------------------------- Proceedings pending or, to the knowledge of the Lessee, threatened individually or in the aggregate, that (i) seek to enjoin, either directly or indirectly, the execution, delivery or performance by the Lessee of the Operative Documents or the transactions contemplated hereby or thereby, or question the validity of the Operative Documents or the rights or remedies of the Lessor, the Agent or the Participants with respect to the Lessee or the Property under the Operative Documents or (ii) could reasonably be expected to have a Material Adverse Effect. Neither the Lessee nor any of its Subsidiaries (a) is in violation of or in default with respect to (i) any applicable laws (including Environmental Laws) or (ii) any indenture, loan agreement, or other agreement for borrowed money or other agreement or contractual agreement by which Lessee or any of its property or assets may be subject (nor is there any waiver in effect which, if not in effect, would result in such a violation or default) that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect, or (b) 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, could reasonably be expected to have a Material Adverse Effect.
