Litigation and Contingent Liabilities. No litigation (including derivative actions), arbitration proceedings or governmental proceedings are pending or threatened against the Borrower or any of its subsidiaries which would (singly or in the aggregate), if adversely determined, have a material and adverse effect on the business, properties, assets, operations, conditions or prospects of the Borrower or any subsidiary.
Appears in 4 contracts
Samples: Convertible Loan Agreement (Nuway Medical Inc), Convertible Loan Agreement (Nuway Medical Inc), Term Loan Agreement (Nuway Medical Inc)
Litigation and Contingent Liabilities. No litigation (including derivative actions), arbitration proceedings proceedings, or governmental proceedings are pending or threatened against the Borrower or any of its subsidiaries which Subsidiary that would (singly or in the aggregate), if adversely determined, have a material and adverse effect on the business, properties, assets, liabilities, financial condition, continued operations, conditions or business prospects of the Borrower or any subsidiarySubsidiary, except as set forth in Schedule 2.
Appears in 2 contracts
Samples: Credit Agreement (Integra Bank Corp), Credit Agreement (Integra Bank Corp)
Litigation and Contingent Liabilities. No litigation (including derivative actions), arbitration proceedings or governmental proceedings are pending or threatened against the Borrower or any of its subsidiaries Subsidiary which would (singly or in the aggregate), if adversely determined, have a material and adverse effect on the businessfinancial condition, properties, assets, operations, conditions continued operations or prospects of the Borrower or any subsidiarySubsidiary, except as set forth (including estimates of the dollar amounts involved) in Exhibit E hereto.
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (Continental Materials Corp), Revolving Credit and Term Loan Agreement (Continental Materials Corp)
Litigation and Contingent Liabilities. No litigation (including including, without limitation, derivative actions), arbitration proceedings or governmental proceedings are pending or threatened against the Borrower or any of its subsidiaries which would (singly or in the aggregate)would, if adversely determined, have a material materially and adverse effect on adversely affect the business, properties, assets, operations, conditions financial condition or prospects continued operations of the Borrower or any subsidiaryadversely affect the Collateral or the Lender's Lien on or interest therein.
Appears in 1 contract
Samples: Secured Credit Agreement (International Aircraft Investors)
Litigation and Contingent Liabilities. No litigation (including derivative actions), arbitration proceedings proceedings, or governmental proceedings are pending or threatened against the Borrower or any of its subsidiaries which Subsidiary that would (singly or in the aggregate), if adversely determined, have a material and adverse effect on the businessfinancial condition, properties, assets, continued operations, conditions or prospects of the Borrower or any subsidiarySubsidiary, except as set forth in Schedule 7.8.
Appears in 1 contract
Samples: Credit Agreement (Boston Private Financial Holdings Inc)
Litigation and Contingent Liabilities. No To Borrower's knowledge, no litigation (including derivative actions), arbitration proceedings or governmental proceedings are pending or threatened against the Borrower or any of its subsidiaries which would (singly or in the aggregate), if adversely determined, have a material and adverse effect on the businessfinancial condition, properties, assets, operations, conditions continued operations or prospects of the Borrower or any subsidiaryits subsidiaries.
Appears in 1 contract
Samples: Loan Agreement (Learncom Inc /Nv/)