Litigation and Contingencies. Unless prohibited by law, each Applicant and Guarantor is also required to disclose and provide information as to the occurrence of, within the five (5) years prior to the submission of the information to PJM (i) any litigation, arbitration, investigation (formal inquiry initiated by a governmental or regulatory entity), or proceeding, pending or, to the knowledge of the involving, Applicant or its Guarantor or any of their Principals that would likely have a material adverse impact on its financial condition and/or would likely materially affect the risk of non- payment by the Applicant or Guarantor, or (ii) any finding of material defalcation, market manipulation or fraud by or involving the Applicant, Guarantor, or any of their Principals, predecessors, subsidiaries, or Credit Affiliates that participate in any United States power markets based upon a final adjudication of regulatory and/or legal proceedings, (iii) any bankruptcy declarations or petitions by or against an Applicant and/or Guarantor, or (iv) any violation by any of the foregoing of any federal or state regulations or laws regarding energy commodities, U.S. Commodity Futures Trading Commission (“CFTC”) or FERC requirements, the rules of any exchange monitored by the National Futures Association, any self-regulatory organization or any other governing, regulatory, or standards body responsible for regulating activity in North American markets for electricity, natural gas or electricity-related commodity products. Each Applicant and Guarantor shall take reasonable measures to obtain permission to disclose information related to a non-public investigation. These disclosures shall be made by Applicant and Guarantor upon application, and within ten (10) Business Days of any material change with respect to any of the above matters.
Litigation and Contingencies. Each Market Participant and/or Guarantor is required to disclose and provide information regarding litigation and contingencies as outlined in section II.A.5 above.
Litigation and Contingencies. Except as disclosed on Schedule 4.10, no action, suit, investigation, claim or proceeding of any nature or kind whatsoever whether civil, criminal, or administrative, is pending or, to the knowledge of WTI or the Owners, threatened, against or affecting WTI or any of its assets or any of the WTI Membership Units. WTI does not have any pending litigation against any third party. Neither WTI nor the Owners are aware of any threatened litigation against WTI or any of its assets, nor are they aware of any facts or circumstances likely to give rise to any such litigation. When used in this Agreement, phrases similar to "to the knowledge of WTI and/or the Owners" shall mean to the actual knowledge of Xxxx Xxxxxxx, Xxxxxx Xxxxxxx and Xxxxxx Xxxxxxxx without inquiry or investigation.
Litigation and Contingencies. No action, suit, investigation, claim or proceeding of any nature or kind whatsoever whether civil, criminal, or administrative, is pending or, to the knowledge of IPtimize, threatened, against or affecting IPtimize or any of its assets or any of the outstanding IPtimize Common Stock. IPtimize does not have any pending litigation against any third party. Except as set forth on Schedule 5.08, IPtimize is not aware of any threatened litigation against it (or the Subsidiary) or any of their assets, nor is it aware of any facts or circumstances likely to give rise to any such litigation.
Litigation and Contingencies. Borrower shall provide written notice to the Lender within ten (10) days after becoming aware of any of the following: (i) any litigation against (or by) the Project where the aggregate exposure to the Borrower or the Project could exceed $50,000.00; and (ii) any actual or contingent liability that would reasonably be expected to exceed $50,000.00 in the aggregate with respect to the Project. Borrower agrees to indemnify and hold the Lender harmless from all loss, cost, damage and/or claim incurred by Lender in conjunction with any such litigation including, without limitation, reimbursement from the reasonable expenses of Bank’s counsel incurred evaluating the litigation and attending and preparing for depositions, to the extent Bank is named in such action.
Litigation and Contingencies. There shall be no pending or threatened litigation or other proceedings or contingencies pursuant to contract or otherwise that Senexx xxxld reasonably determine to be material and adverse, relating to HarCor, its subsidiaries and their respective properties and assets, or the acquisition of HarCor Stock.
Litigation and Contingencies. Except as set forth on Schedule "4" hereto, there is no litigation, arbitration, governmental investigation, proceeding or inquiry pending or, to the knowledge of any of their officers, threatened against or affecting the Borrower or any of its Subsidiaries which could reasonably be expected to have a Material Adverse Effect. Other than any liability incident to such litigation, arbitration or proceedings, the Borrower has no material contingent obligations with respect to any litigation, arbitration, governmental investigation, proceeding or inquiry not provided for or disclosed in the financial statements referred to in Section 5.4.
