Common use of Litigation and Contingent Obligations Clause in Contracts

Litigation and Contingent Obligations. 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 or which seeks to prevent, enjoin or delay the making of any Loans. Other than any liability incident to any litigation, arbitration or proceeding which could not reasonably be expected to have a Material Adverse Effect, the Borrower has no material contingent obligations not provided for or disclosed in the financial statements referred to in Section 5.4.

Appears in 20 contracts

Samples: Credit Agreement (Sei Investments Co), Credit Agreement (Sei Investments Co), Credit Agreement (Tesoro Corp /New/)

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Litigation and Contingent Obligations. 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 or which seeks to prevent, enjoin or delay the making of any LoansCredit Extensions. Other than any liability incident to any litigation, arbitration or proceeding which could not reasonably be expected to have a Material Adverse Effect, the Borrower has no material contingent obligations Contingent Obligations not provided for or disclosed in the financial statements referred to in Section 5.4.

Appears in 14 contracts

Samples: Credit Agreement (Lancaster Colony Corp), Credit Agreement (Lancaster Colony Corp), Credit Agreement (Orchids Paper Products CO /DE)

Litigation and Contingent Obligations. 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 or which seeks to prevent, enjoin or delay the making of any LoansCredit Extensions. Other than any liability incident to any litigation, arbitration or proceeding which could not reasonably be expected to have a Material Adverse Effect, the Borrower has no material contingent obligations not provided for or disclosed in the financial statements referred to in Section 5.4.

Appears in 11 contracts

Samples: Credit Agreement (Cooper Cameron Corp), Credit Agreement (Papa Johns International Inc), Credit Agreement (Lancaster Colony Corp)

Litigation and Contingent Obligations. There is no litigation, arbitration, governmental investigation, proceeding or inquiry pending or, to the knowledge of any of their officersSenior Officer, threatened against or affecting the Borrower or any of its Subsidiaries Guarantor which could would reasonably be expected to have a Material Adverse Effect or which seeks to prevent, enjoin or delay the making of any LoansCredit Extensions. Other than any liability incident to any such litigation, arbitration or proceeding proceedings which could would not reasonably be expected to have a Material Adverse Effect, the Borrower has no material contingent obligations Contingent Obligations not provided for or disclosed in the financial statements referred to in Section 5.4.

Appears in 6 contracts

Samples: Credit Agreement (M.D.C. Holdings, Inc.), Credit Agreement (M.D.C. Holdings, Inc.), Credit Agreement (MDC Holdings Inc)

Litigation and Contingent Obligations. There is no litigation, arbitration, governmental investigation, proceeding or inquiry pending or, to the knowledge of any of their officers, overtly threatened against or affecting the Borrower or any of its Principal Subsidiaries which could reasonably be expected to have a Material Adverse Effect or which seeks to prevent, enjoin or delay the making of any LoansCredit Extension. Other than any liability incident to any litigation, arbitration or proceeding which could not reasonably be expected to have a Material Adverse Effect, the Borrower has no material contingent obligations not provided for or disclosed in the financial statements referred to in Section 5.4.

Appears in 6 contracts

Samples: Credit Agreement (Madison Gas & Electric Co), Credit Agreement (Madison Gas & Electric Co), Credit Agreement (Madison Gas & Electric Co)

Litigation and Contingent Obligations. There Except as set forth on Schedule 5.7 hereto, there is no litigation, arbitration, governmental investigation, proceeding or inquiry pending or, to the knowledge of any of their executive officers, threatened against or affecting the Borrower or any of its Subsidiaries which could reasonably be expected to have result in a Material Adverse Effect or which seeks to prevent, enjoin or delay the making of any LoansEffect. Other than any liability incident to any such litigation, arbitration or proceeding which could not reasonably be expected to have a Material Adverse Effectproceedings, the Borrower has and its Subsidiaries have no material contingent obligations not provided for or disclosed in the financial statements referred to in Section 5.4.

Appears in 5 contracts

Samples: Year Revolving Credit Agreement (TJX Companies Inc /De/), Year Revolving Credit Agreement (TJX Companies Inc /De/), Assignment Agreement (TJX Companies Inc /De/)

Litigation and Contingent Obligations. 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 Parent or any of its Subsidiaries which could reasonably be expected to have a Material Adverse Effect or which seeks to prevent, enjoin or delay the making of any LoansCredit Extensions. Other than any liability incident to any litigation, arbitration or proceeding which could not reasonably be expected to have a Material Adverse Effect, the Borrower Parent has no material contingent obligations not provided for or disclosed in the financial statements referred to in Section 5.4.

Appears in 4 contracts

Samples: Credit Agreement (Cooper Cameron Corp), Assignment Agreement (Cooper Cameron Corp), Credit Agreement (Cameron International Corp)

Litigation and Contingent Obligations. 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 any Borrower or any of its Subsidiaries Subsidiary which could would reasonably be expected to have a Material Adverse Effect or which seeks to prevent, enjoin or delay the making of any LoansEffect. Other than any liability incident to any litigation, arbitration or proceeding which could would not reasonably be expected to have a Material Adverse Effect, the no Borrower has no any material contingent obligations Contingent Obligations not provided for or disclosed in the financial statements referred to in Section 5.4.

Appears in 4 contracts

Samples: Credit Agreement (Arcbest Corp /De/), Credit Agreement (Arcbest Corp /De/), Credit Agreement (Arcbest Corp /De/)

Litigation and Contingent Obligations. 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 or which seeks to prevent, enjoin or delay the making of any Loansthe Loans or Advances. Other than any liability incident to any such litigation, arbitration or proceeding which could not reasonably be expected to have a Material Adverse Effectproceedings, the Borrower has no material contingent obligations not provided for or disclosed in the financial statements referred to in Section 5.4.

Appears in 3 contracts

Samples: Credit Agreement (Mego Mortgage Corp), Credit Agreement (Mego Mortgage Corp), Credit Agreement (National Computer Systems Inc)

Litigation and Contingent Obligations. There is no litigation, arbitration, governmental investigation, proceeding or inquiry pending or, to the knowledge of any of their officersAuthorized Officer, threatened against or affecting the Borrower or any of its Subsidiaries which that could reasonably be expected to have a Material Adverse Effect or which that seeks to prevent, enjoin or delay the making of any LoansLoan. Other than any liability incident to any litigation, arbitration or proceeding which that could not reasonably be expected to have a Material Adverse Effect, the Borrower has no material contingent obligations Contingent Obligations not provided for or disclosed in the financial statements referred to in Section 5.4.

Appears in 3 contracts

Samples: Credit Agreement (MVB Financial Corp), Credit Agreement (Peoples Bancorp Inc), Credit Agreement (Xenith Bankshares, Inc.)

Litigation and Contingent Obligations. 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 or which seeks to prevent, enjoin or delay the making of any LoansCredit Extension. Other than any liability incident to any litigation, arbitration or proceeding which could not reasonably be expected to have a Material Adverse Effect, the Borrower has no material contingent obligations not provided for or disclosed in the financial statements referred to in Section 5.4.

Appears in 3 contracts

Samples: Credit Agreement (BJS Wholesale Club Inc), Credit Agreement (BJS Wholesale Club Inc), Credit Agreement (BJS Wholesale Club Inc)

Litigation and Contingent Obligations. 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 or which seeks to prevent, enjoin or delay the making of any LoansCredit Extensions. Other than any liability incident to any litigation, arbitration or proceeding which could not reasonably be expected to have a Material Adverse Effect, the Borrower has no material contingent obligations not provided for or disclosed in the financial statements referred to in Section 5.4.

Appears in 3 contracts

Samples: Credit Agreement (Luiginos Inc), Acquisition Credit Agreement (Transit Group Inc), Credit Agreement (Transit Group Inc)

Litigation and Contingent Obligations. 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 would reasonably be expected to have a Material Adverse Effect or which seeks to prevent, enjoin or delay the making of any Loans. Other than any liability incident to any litigation, arbitration or proceeding which could would not reasonably be expected to have a Material Adverse Effect, the Borrower has no material contingent obligations not provided for or disclosed in the financial statements referred to in Section 5.4.

Appears in 2 contracts

Samples: Credit Agreement (Tesoro Corp /New/), Credit Agreement (Tesoro Corp /New/)

Litigation and Contingent Obligations. 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 or which seeks to prevent, enjoin or delay the making of any LoansCredit Extensions. Other than any liability incident to any litigation, arbitration or proceeding which could not reasonably be expected to have a Material Adverse Effect, the Borrower has no material contingent obligations not provided for or disclosed in the financial statements referred to in Section 5.4.

Appears in 2 contracts

Samples: Credit Agreement (Clark Inc), Credit Agreement (Clark Inc)

Litigation and Contingent Obligations. There is no litigation, arbitration, governmental investigation, proceeding or inquiry pending or, to the knowledge of any of their officers, overtly threatened against or affecting the Borrower or any of its Principal Subsidiaries which could reasonably be expected to have a Material Adverse Effect or which seeks to prevent, enjoin or delay the making of any LoansAdvance. Other than any liability incident to any litigation, arbitration or proceeding which could not reasonably be expected to have a Material Adverse Effect, the Borrower has no material contingent obligations not provided for or disclosed in the financial statements referred to in Section 5.4.

Appears in 2 contracts

Samples: Credit Agreement (Madison Gas & Electric Co), Credit Agreement (Mge Energy Inc)

Litigation and Contingent Obligations. 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 or which seeks to prevent, enjoin or delay the making of any LoansCredit Extensions. Other than any liability incident to any litigation, arbitration or proceeding which could not reasonably be expected to have a Material Adverse Effect, the Borrower has no material contingent obligations Contingent Obligations not provided for or disclosed in the financial statements referred to in Section 5.45.5.

Appears in 2 contracts

Samples: Credit Agreement (Universal Electronics Inc), Credit Agreement (Universal Electronics Inc)

Litigation and Contingent Obligations. 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 or which seeks to prevent, enjoin or delay the making of any LoansAdvances. Other than any liability incident to any litigation, arbitration or proceeding which could not reasonably be expected to have a Material Adverse Effect, the Borrower has no material contingent obligations Contingent Obligations not provided for or disclosed in the financial statements referred to in Section 5.4.

Appears in 2 contracts

Samples: Credit Agreement (Cobiz Financial Inc), Credit Agreement (Cobiz Financial Inc)

Litigation and Contingent Obligations. 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 or which seeks to prevent, enjoin or delay the making issuance of any LoansLetters of Credit. Other than any liability incident to any litigation, arbitration or proceeding which could not reasonably be expected to have a Material Adverse Effect, the Borrower has no material contingent obligations not provided for or disclosed in the financial statements referred to in Section 5.4.

Appears in 2 contracts

Samples: Credit Agreement (Navigators Group Inc), Credit Agreement (Navigators Group Inc)

Litigation and Contingent Obligations. There is no litigation, arbitration, governmental investigation, proceeding or inquiry pending or, to the knowledge of any of their officersthe Authorized Officers, threatened against or affecting the Borrower or any of its Subsidiaries which could reasonably be expected to have a Material Adverse Effect or which seeks to prevent, enjoin or delay the making of any Loans. Other than any liability incident to any litigation, arbitration or proceeding which could not reasonably be expected to have a Material Adverse Effect, the Borrower has no material contingent obligations not provided for or disclosed in the financial statements referred to in Section SECTION 5.4.

Appears in 2 contracts

Samples: Year Credit Agreement (Houghton Mifflin Co), Credit Agreement (Houghton Mifflin Co)

Litigation and Contingent Obligations. There is no litigation, arbitration, governmental investigation, proceeding or inquiry pending or, to the knowledge of any of their officersthe Borrower, threatened against or affecting the Borrower or any of its Subsidiaries which that could reasonably be expected to have a Material Adverse Effect or which that seeks to prevent, enjoin or delay the making of any LoansBorrowing. Other than any liability incident to any litigation, arbitration or proceeding which that could not reasonably be expected to have a Material Adverse Effect, the Borrower has no material contingent obligations Contingent Obligations not provided for or disclosed in the financial statements referred to in Section 5.4.

Appears in 2 contracts

Samples: Credit Agreement (Opportunistic Credit Interval Fund), Credit Agreement (Alternative Credit Income Fund)

Litigation and Contingent Obligations. 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 or which seeks to prevent, enjoin or delay the making of any Loans. Other than any liability incident to any litigation, arbitration or proceeding which could not reasonably be expected to have a Material Adverse Effect, the Borrower has no material contingent obligations not provided for or disclosed in the financial statements referred to in Section 5.4.. 1.35

Appears in 1 contract

Samples: Assignment Agreement (Hovnanian Enterprises Inc)

Litigation and Contingent Obligations. 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 Owned Person which could reasonably be expected to have a Material Adverse Effect or which seeks to prevent, enjoin or delay the making of any Loans. Other than any liability incident to any such litigation, arbitration or proceeding which could not reasonably be expected to have a Material Adverse Effectproceeding, the Borrower has no material contingent obligations not provided for or disclosed in the financial statements referred to in Section 5.4.

Appears in 1 contract

Samples: Credit Agreement (Tc Pipelines Lp)

Litigation and Contingent Obligations. 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 Borrowers or any of its their Subsidiaries which could reasonably be expected to have a Material Adverse Effect or which seeks to prevent, enjoin or delay the making funding of any Loansthe Loan. Other than any liability incident to any litigation, arbitration or proceeding which could not reasonably be expected to have a Material Adverse Effect, the Borrower has Borrowers have no material contingent obligations not provided for or disclosed in the financial statements referred to in Section 5.4.

Appears in 1 contract

Samples: Term Loan Agreement (Guild Holdings Co)

Litigation and Contingent Obligations. There is no litigation, arbitration, governmental investigation, proceeding or inquiry pending or, to the knowledge of any of their officersthe Authorized Officers, threatened against or affecting the Borrower or any of its Subsidiaries which could would reasonably be expected to have a Material Adverse Effect or which seeks to prevent, enjoin or delay the making of any LoansCredit Extensions. Other than any liability incident to any litigation, arbitration or proceeding which could would not reasonably be expected to have a Material Adverse Effect, the Borrower has no material contingent obligations Contingent Obligations not provided for or disclosed in the financial statements referred to in Section 5.4.

Appears in 1 contract

Samples: Credit Agreement (Intrepid Potash, Inc.)

Litigation and Contingent Obligations. There is no litigation, arbitration, governmental investigation, proceeding or inquiry pending or, to the knowledge of any of their officersthe Authorized Officers, threatened against or affecting the Borrower or any of its Subsidiaries which could reasonably be expected to have a Material Adverse Effect or which seeks to prevent, enjoin or delay the making of any LoansCredit Extension. Other than any liability incident to any litigation, arbitration or proceeding which could not reasonably be expected to have a Material Adverse Effect, the Borrower has no material contingent obligations not provided for or disclosed in the financial statements referred to in Section 5.4.

Appears in 1 contract

Samples: Credit Agreement (Kimball International Inc)

Litigation and Contingent Obligations. 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 or which seeks to prevent, enjoin or delay the making of any LoansEffect. Other than any liability incident to any litigation, arbitration or proceeding which could not reasonably be expected to have a Material Adverse Effect, the Borrower has no material contingent obligations not provided for or disclosed in the financial statements referred to in Section 5.4.

Appears in 1 contract

Samples: Pledge Agreement (Tri State Outdoor Media Group Inc)

Litigation and Contingent Obligations. 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 Borrowers which could reasonably be expected to have a Material Adverse Effect or which seeks to prevent, enjoin or delay the making of any LoansCredit Extensions. Other than any liability incident to any litigation, arbitration or proceeding which could not reasonably be expected to have a Material Adverse Effectis set forth on the Disclosure Schedule, the Borrower has Borrowers have no material contingent obligations Contingent Obligations not provided for or disclosed in the financial statements referred to in Section 5.4.

Appears in 1 contract

Samples: Credit Agreement (Miller Exploration Co)

Litigation and Contingent Obligations. 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 (a) relate to the Loan Documents or any of the transactions contemplated hereby or thereby, or (b) if adversely determined, would have a substantial likelihood of having a Material Adverse Effect or which seeks to prevent, enjoin or delay the making of any LoansEffect. Other than any liability incident to any such litigation, arbitration or proceeding which could not reasonably be expected to have a Material Adverse Effectproceedings, the Borrower has no material contingent obligations not provided for or disclosed in the financial statements referred to in Section 5.4.

Appears in 1 contract

Samples: Assignment Agreement (Brown Group Inc)

Litigation and Contingent Obligations. 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 Borrowers or any of its their Subsidiaries which could reasonably be expected to have a Material Adverse Effect or which seeks to prevent, enjoin or delay the making of any Loans. Other than any liability incident to any litigation, arbitration or proceeding which could not reasonably be expected to have a Material Adverse Effect, the Borrower has Borrowers have no material contingent obligations not provided for or disclosed in the financial statements referred to in Section 5.4.. 5.8

Appears in 1 contract

Samples: Assignment Agreement (Hovnanian Enterprises Inc)

Litigation and Contingent Obligations. 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 that could reasonably be expected to have a Material Adverse Effect or which that seeks to prevent, enjoin or delay the making of any LoansCredit Extensions. Other than any liability incident to any litigation, arbitration or proceeding which that could not reasonably be expected to have a Material Adverse Effect, the Borrower has no material contingent obligations Contingent Obligations not provided for or disclosed in the financial statements referred to in Section 5.4.

Appears in 1 contract

Samples: Credit Agreement (Cabelas Inc)

Litigation and Contingent Obligations. 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 Restricted Subsidiaries which could would reasonably be expected to have a Material Adverse Effect or which seeks to prevent, enjoin or delay the making of any Loans. Other than any liability incident to any litigation, arbitration or proceeding which could would not reasonably be expected to have a Material Adverse Effect, the Borrower has no material contingent obligations not provided for or disclosed in the financial statements referred to in Section 5.46.4.

Appears in 1 contract

Samples: Security Agreement (Tesoro Corp /New/)

Litigation and Contingent Obligations. There is no litigation, arbitration, governmental investigation, proceeding or inquiry pending or, to the knowledge of any of their officersAuthorized Officer, threatened against or affecting the Borrower or any of its Subsidiaries which that could reasonably be expected to have a Material Adverse Effect or which that seeks to prevent, enjoin or delay the making of any LoansAdvances. Other than any liability incident to any litigation, arbitration or proceeding which that could not reasonably be expected to have a Material Adverse Effect, the Borrower has no material contingent obligations Contingent Obligations not provided for or disclosed in the financial statements referred to in Section 5.4.

Appears in 1 contract

Samples: Credit Agreement (Bancorpsouth Inc)

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Litigation and Contingent Obligations. 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 or which seeks to prevent, enjoin or delay the making of any LoansCredit Extension. Other than any liability incident to any litigation, arbitration or proceeding which could not reasonably be expected to have a Material Adverse Effect, the Borrower has no material contingent obligations not provided for or disclosed in the financial statements referred to in Section 5.45.04.

Appears in 1 contract

Samples: Credit Agreement (Miller Mechanical Contractors Inc)

Litigation and Contingent Obligations. There is no litigation, arbitration, governmental investigation, proceeding or inquiry pending 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 or which seeks to prevent, enjoin or delay the issuance of the Letter of Credit or the making of any the Loans. Other than any liability incident to any litigation, arbitration or proceeding which could not reasonably be expected to The Borrower and its Subsidiaries have a Material Adverse Effect, the Borrower has no material contingent obligations Contingent Obligations not provided for or disclosed in the financial statements referred to in Section 5.46.4.

Appears in 1 contract

Samples: Credit Agreement (Arvinmeritor Inc)

Litigation and Contingent Obligations. There is no litigation, arbitration, governmental investigation, proceeding or inquiry pending or, to the knowledge of any of their officers, overtly threatened against or affecting the Borrower or any of its Principal Subsidiaries which could reasonably be expected to have a Material Adverse Effect or which seeks to prevent, enjoin or delay the making of any LoansLoan. Other than any liability incident to any litigation, arbitration or proceeding which could not reasonably be expected to have a Material Adverse Effect, the Borrower has no material contingent obligations not provided for or disclosed in the financial statements referred to in Section 5.4.

Appears in 1 contract

Samples: Credit Agreement (Madison Gas & Electric Co)

Litigation and Contingent Obligations. 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 or which seeks to prevent, enjoin or delay the making of any Loans. Other than any liability incident to any litigation, arbitration or proceeding which could not reasonably be expected to have a Material Adverse Effect, the Borrower has no material contingent obligations not provided for or disclosed in the financial statements referred to in Section 5.4.. -35- 43

Appears in 1 contract

Samples: Credit Agreement (Dexter Corp)

Litigation and Contingent Obligations. 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 or which seeks to prevent, enjoin or delay the making of any Loans. Other than any liability incident to any litigation, arbitration or proceeding which could not reasonably be expected to have a Material Adverse Effect, the Borrower has no material contingent obligations not provided for or disclosed in the financial statements referred to in Section 5.4.. 48 of 82

Appears in 1 contract

Samples: Credit Agreement (Sei Investments Co)

Litigation and Contingent Obligations. 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 or which seeks to prevent, enjoin or delay the making of any LoansCredit Extension. Other than any liability incident to any litigation, arbitration or proceeding which could not reasonably be expected to have a Material Adverse Effect, the Borrower has and its Subsidiaries have no material contingent obligations not provided for or disclosed in the financial statements referred to in Section 5.45.04.

Appears in 1 contract

Samples: Credit Agreement (American Plumbing & Mechanical Inc)

Litigation and Contingent Obligations. 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 or which seeks to prevent, enjoin or delay the making of any LoansCredit Extensions. Other than any liability incident to any litigation, arbitration or proceeding which could not reasonably be expected to have a Material Adverse Effect, the Borrower has no material contingent obligations Contingent Obligations not provided for or disclosed in the financial statements referred to in Section 5.45.4 or the footnotes thereto.

Appears in 1 contract

Samples: Credit Agreement (Henry Jack & Associates Inc)

Litigation and Contingent Obligations. 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 or Parent which could reasonably be expected to have a Material Adverse Effect or which seeks to prevent, enjoin or delay the making of any Loans. Other than any liability incident to any litigation, arbitration or proceeding which could not reasonably be expected to have a Material Adverse Effect, the Borrower has no material contingent obligations not provided for or disclosed in the financial statements referred to in Section 5.4.

Appears in 1 contract

Samples: Loan Agreement (Amrep Corp)

Litigation and Contingent Obligations. 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 or which seeks to prevent, enjoin or delay the making of any Loans. Other than any liability incident to any litigation, arbitration or proceeding which could not reasonably be expected to have a Material Adverse Effect, the Borrower has no material contingent obligations not provided for or disclosed in the financial statements referred to in Section 5.4, except for Additional Contingent Consideration that may be payable in connection with an Acquisition.

Appears in 1 contract

Samples: Credit Agreement (Superior Energy Services Inc)

Litigation and Contingent Obligations. There is no litigation, arbitration, governmental investigation, proceeding or inquiry pending or, to the knowledge of any of their officersthe Authorized Officers, threatened against or affecting the Borrower or any of its Subsidiaries which could reasonably be expected to have a Material Adverse Effect or which seeks to prevent, enjoin or delay the making of any LoansAdvance. Other than any liability incident to any litigation, arbitration or proceeding which could not reasonably be expected to have a Material Adverse Effect, the Borrower has no material contingent obligations not provided for or disclosed in the financial statements referred to in Section 5.4.

Appears in 1 contract

Samples: Credit Agreement (Kimball International Inc)

Litigation and Contingent Obligations. There is no litigation, arbitration, governmental investigation, proceeding or inquiry pending or, to the knowledge of any of their officersSenior Officer, threatened against or affecting the Borrower or any of its Subsidiaries Guarantor which could would reasonably be expected to have a Material Adverse Effect or which seeks to prevent, enjoin or delay the making of any LoansCredit Extensions. Other than any liability incident to any such litigation, arbitration or proceeding proceedings which could would not reasonably be expected to have a Material Adverse Effect, the Borrower has no material contingent obligations Contingent Obligations not provided for or disclosed in the financial statements referred to in Section 5.4.. 57

Appears in 1 contract

Samples: Credit Agreement (MDC Holdings Inc)

Litigation and Contingent Obligations. 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 or which seeks to prevent, enjoin or delay the making of any LoansCredit Extensions. Other than any liability incident to any litigation, arbitration or proceeding which could not reasonably be expected to have a Material Adverse Effect, the Borrower has no material contingent obligations Contingent Obligations not provided for or disclosed in the financial statements referred to in Section 5.4. 5.8.

Appears in 1 contract

Samples: Credit Agreement (Lancaster Colony Corp)

Litigation and Contingent Obligations. 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 or which seeks to prevent, enjoin or delay the making of any LoansEffect. Other than any liability incident to any litigation, arbitration or proceeding which could not reasonably be expected to have a Material Adverse Effect, the Borrower has no material contingent obligations Contingent Obligations not provided for or disclosed in the financial statements referred to in Section 5.4.

Appears in 1 contract

Samples: Credit Agreement (Rockshox Inc)

Litigation and Contingent Obligations. 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 that could reasonably be expected to have a Material Adverse Effect or which that seeks to prevent, enjoin or delay the making of any LoansCredit Extensions. Other than any liability incident to any litigation, arbitration or proceeding which that could not reasonably be expected to have a Material Adverse Effect, the Borrower has no material contingent obligations not provided for or disclosed in the financial statements referred to in Section 5.4.

Appears in 1 contract

Samples: Credit Agreement (Roadrunner Transportation Systems, Inc.)

Litigation and Contingent Obligations. 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 Lessee or any of its Subsidiaries which could reasonably be expected to have a Material Adverse Effect or which seeks to prevent, enjoin or delay the making of any LoansFunding hereunder. Other than any liability incident to any litigation, arbitration or proceeding which could not reasonably be expected to have a Material Adverse Effect, the Borrower Lessee has no material contingent obligations not provided for or disclosed in the financial statements referred to in Section 5.4SECTION 4.1(j).

Appears in 1 contract

Samples: Master Agreement (Marchfirst Inc)

Litigation and Contingent Obligations. 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 Borrower, Guarantor or any of its Subsidiaries the Collateral Properties which could reasonably be expected to have a Material Adverse Effect or which seeks to prevent, enjoin or delay the making of any the Loans. Other than any liability incident to any litigation, arbitration or proceeding which could not reasonably be expected to have a Material Adverse Effect, the Borrower has and Guarantor have no material contingent obligations not provided for or disclosed in the financial statements referred to in Section 5.4.

Appears in 1 contract

Samples: Loan Agreement (Great Lakes Reit)

Litigation and Contingent Obligations. 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 a Borrower or any of its Subsidiaries which could reasonably be expected to have a Material Adverse Effect or which seeks to prevent, enjoin or delay the making of any LoansCredit Extensions. Other than any liability incident to any litigation, arbitration or proceeding which could not reasonably be expected to have a Material Adverse Effect, the no Borrower has no material contingent obligations Contingent Obligations not provided for or disclosed in the financial statements referred to in Section 5.4.

Appears in 1 contract

Samples: Credit Agreement (Hc2 Holdings, Inc.)

Litigation and Contingent Obligations. 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 or which seeks to prevent, enjoin or delay the making of any LoansBorrowings. Other than any liability incident to any litigation, arbitration or proceeding which could not reasonably be expected to have a Material Adverse Effect, the Borrower has no material contingent obligations not provided for or disclosed in the financial statements referred to in Section 5.4.

Appears in 1 contract

Samples: Assignment Agreement (Pioneer Standard Electronics Inc)

Litigation and Contingent Obligations. 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 Principal Subsidiaries which could reasonably be expected to have a Material Adverse Effect or which seeks to prevent, enjoin or delay the making of any Loans. Other than any liability incident to any litigation, arbitration or proceeding which could not reasonably be expected to have a Material Adverse Effect, the Borrower has no material contingent obligations not provided for or disclosed in the financial statements referred to in Section 5.4.

Appears in 1 contract

Samples: Assignment Agreement (Madison Gas & Electric Co)

Litigation and Contingent Obligations. 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 or which seeks to prevent, enjoin or delay the making of any Loans. Other than any liability incident to any litigation, arbitration or proceeding which could not reasonably be expected to have a Material Adverse Effect, the Borrower has no material contingent obligations not provided for or disclosed in the financial statements referred to in Section 5.43.4.

Appears in 1 contract

Samples: Credit Agreement (Tesoro Corp /New/)

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