Common use of Litigation and Environmental Matters Clause in Contracts

Litigation and Environmental Matters. (a) There are no actions, suits, investigations or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against the Borrower or any Restricted Subsidiary as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters).

Appears in 10 contracts

Samples: Credit Agreement (KC Holdco, LLC), Intercreditor Agreement (KC Holdco, LLC), First Lien Credit Agreement (KC Holdco, LLC)

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Litigation and Environmental Matters. (a) There are no actions, suits, investigations or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any of the Restricted Subsidiary as Subsidiaries (i) which could reasonably be expected to which there is a reasonable possibility of an adverse determination be adversely determined and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect or (other than ii) that involve this Agreement or the Disclosed Matters)Transactions.

Appears in 10 contracts

Samples: Credit Agreement (Time Warner Cable Inc.), Credit Agreement (Time Warner Cable Inc.), Credit Agreement (Time Warner Cable Inc.)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any Restricted Subsidiary of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve this Agreement, the other Loan Documents or the Transactions.

Appears in 9 contracts

Samples: Term Loan Agreement (Cooper Companies, Inc.), Term Loan Agreement (Cooper Companies, Inc.), Assignment and Assumption (Cooper Companies, Inc.)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrowerany Loan Party, threatened in writing against or affecting the Administrative Borrower or any Restricted Subsidiary as to which there is a reasonable possibility of an adverse determination and that, if adversely determined its Subsidiaries (i) that would reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve this Agreement or the Transactions, as of the date of this Agreement.

Appears in 9 contracts

Samples: Credit Agreement, Credit Agreement (Idexx Laboratories Inc /De), Credit Agreement (Idexx Laboratories Inc /De)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any of its Restricted Subsidiary as to which there is a reasonable possibility of an adverse determination and that, if adversely determined Subsidiaries (i) that would reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters) or (ii) on the Closing Date, that involve this Agreement or the Transactions (excluding use of proceeds).

Appears in 8 contracts

Samples: Credit Agreement (Match Group, Inc.), Credit Agreement (Match Group, Inc.), Credit Agreement (Match Group, Inc.)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any Restricted Subsidiary (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve this Agreement or the Transactions.

Appears in 8 contracts

Samples: Credit Agreement (Service Corp International), Credit Agreement (Service Corp International), Credit Agreement (Service Corp International)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any Restricted Subsidiary Subsidiary, (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve this Agreement or the Transactions.

Appears in 8 contracts

Samples: Credit Agreement (Range Resources Corp), Counterpart Agreement (Exco Resources Inc), Credit Agreement (Exco Resources Inc)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of Holdings or the Borrower, threatened in writing against or affecting Holdings, the Borrower or any Restricted Subsidiary of their Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined determined, would reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve any of the Loan Documents or the Transactions.

Appears in 8 contracts

Samples: Credit Agreement (Advance Auto Parts Inc), Term Loan Credit Agreement (Advance Auto Parts Inc), Credit Agreement (Advance Auto Parts Inc)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any Restricted Subsidiary of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that specifically involve this Agreement or the Transactions.

Appears in 8 contracts

Samples: Credit Agreement (Fortune Brands Home & Security, Inc.), Credit Agreement (Fortune Brands Home & Security, Inc.), Credit Agreement (Fortune Brands Home & Security, Inc.)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any Restricted Subsidiary of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve this Agreement, any other Loan Document or the Transactions.

Appears in 7 contracts

Samples: Day Credit Agreement (Claiborne Liz Inc), Year Credit Agreement (Claiborne Liz Inc), Credit Agreement (Claiborne Liz Inc)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any Restricted Subsidiary Subsidiary, (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve this Agreement or the Transactions.

Appears in 7 contracts

Samples: Term Loan Credit Agreement (Exco Resources Inc), Term Loan Credit Agreement (Exco Resources Inc), Credit Agreement (Exco Resources Inc)

Litigation and Environmental Matters. (a) There Except as set forth in the Disclosure Documents, there are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any Restricted Subsidiary of the Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, that if adversely determined would reasonably be expectedmaterially likely, individually or in the aggregate, to result in a Material Adverse Effect Change or (other than ii) that involve the Disclosed Matters)Credit Documents or the Transactions.

Appears in 7 contracts

Samples: Credit Agreement (Goodyear Tire & Rubber Co /Oh/), First Lien Credit Agreement (Goodyear Tire & Rubber Co /Oh/), Credit Agreement (Goodyear Tire & Rubber Co /Oh/)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against the Borrower or any Restricted Subsidiary (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve any of the Loan Documents.

Appears in 6 contracts

Samples: Credit Agreement (Nasdaq Omx Group, Inc.), Credit Agreement (Nasdaq Omx Group, Inc.), Bridge Loan Agreement (Nasdaq Stock Market Inc)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any Restricted Subsidiary of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve this Agreement, any of the other Loan Documents or the Transactions.

Appears in 6 contracts

Samples: Credit Agreement (Digital Generation Systems Inc), Credit Agreement (Alon USA Energy, Inc.), Credit Agreement (Digital Generation Systems Inc)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of any of the BorrowerBorrowers, threatened in writing against or affecting the Borrower Company or any Restricted Subsidiary of the Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined determined, would reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve any of the Loan Documents or the Transactions.

Appears in 6 contracts

Samples: Credit Agreement (Great Atlantic & Pacific Tea Co Inc), Credit Agreement (Great Atlantic & Pacific Tea Co Inc), Credit Agreement (Great Atlantic & Pacific Tea Co Inc)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any of its Restricted Subsidiary Subsidiaries (i) as to which there is a reasonable possibility probability of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect or (other than ii) that involve this Agreement or the Disclosed Matters)Transactions.

Appears in 6 contracts

Samples: Credit Agreement (Dean Foods Co), Credit Agreement (Dean Foods Co), Assignment and Assumption (Dean Foods Co)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any Restricted Subsidiary as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would its Subsidiaries (i) that could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve this Agreement, any other Loan Document or the Transactions.

Appears in 6 contracts

Samples: Credit Agreement (NortonLifeLock Inc.), Credit Agreement, Revolving Credit Agreement (Zynga Inc)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Parent Borrower, threatened in writing against or affecting the Parent Borrower or any Restricted Subsidiary of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in have a Material Adverse Effect or (other than ii) that involve any of the Disclosed Matters)Loan Documents or the Transactions.

Appears in 6 contracts

Samples: Credit Agreement (SPX Corp), Credit Agreement (SPX Corp), Credit Agreement (SPX Corp)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the such Borrower, threatened in writing against the or affecting such Borrower or any of the Restricted Subsidiary as Subsidiaries (i) which could reasonably be expected to which there is a reasonable possibility of an adverse determination be adversely determined and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect or (other than ii) that involve this Agreement or the Disclosed Matters)Transactions.

Appears in 5 contracts

Samples: Credit Agreement (Time Warner Inc.), Credit Agreement (Time Warner Inc.), Credit Agreement (Time Warner Inc.)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against the Borrower or any Restricted Subsidiary (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve any of the Loan Documents or the Transactions.

Appears in 5 contracts

Samples: Credit Agreement (Nasdaq Stock Market Inc), Term Loan Credit Agreement (Nasdaq Stock Market Inc), Credit Agreement (Nasdaq Stock Market Inc)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Parent or the Borrower, threatened in writing against or affecting the Borrower Parent or any Restricted Subsidiary (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined determined, would reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve any of the Loan Documents or the Transactions.

Appears in 5 contracts

Samples: Collateral Agreement (American Axle & Manufacturing Holdings Inc), Credit Agreement (American Axle & Manufacturing Holdings Inc), Credit Agreement (American Axle & Manufacturing Holdings Inc)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any Restricted Subsidiary as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would its Subsidiaries (i) that could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve this Agreement, the other Loan Documents or the Transactions.

Appears in 5 contracts

Samples: Credit Agreement (Reynolds American Inc), Credit Agreement (Reynolds American Inc), Assignment and Assumption (Reynolds American Inc)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any Restricted Subsidiary of the Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve this Agreement or the Transactions.

Appears in 5 contracts

Samples: Credit Agreement (Jupitermedia Corp), Credit Agreement (Jupitermedia Corp), Credit Agreement (Jupitermedia Corp)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the BorrowerParent, threatened in writing against the Borrower or affecting Parent or any Restricted Subsidiary (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined determined, would reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters) or (ii) that involve any of the Loan Documents or the Transactions (other than the Disclosed Matters).

Appears in 5 contracts

Samples: Term Credit Agreement (Tailored Brands Inc), Term Credit Agreement (Tailored Brands Inc), Credit Agreement (Tailored Brands Inc)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any Restricted Subsidiary of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect or (other than ii) that involve this Agreement or the Disclosed Matters)Loan Documents.

Appears in 5 contracts

Samples: Credit Agreement (Afc Enterprises Inc), Credit Agreement (Afc Enterprises Inc), Credit Agreement (Afc Enterprises Inc)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against the Borrower or affecting any Restricted Subsidiary as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would Wireline Company that (i) could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect Effect, or (other than ii) involve any of the Disclosed Matters)Loan Documents, the Transactions or the Directories Transactions.

Appears in 5 contracts

Samples: Credit Agreement (Windstream Corp), Credit Agreement (Windstream Corp), Credit Agreement (Windstream Corp)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any Restricted Subsidiary of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve any Loan Document or the Transactions.

Appears in 5 contracts

Samples: Credit Agreement (Mimecast LTD), Credit Agreement (Virtusa Corp), Credit Agreement (Mimecast LTD)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any Restricted Subsidiary of its Covered Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect or (other than ii) that involve this Agreement or the Disclosed Matters)Transactions.

Appears in 5 contracts

Samples: Revolving Credit Agreement (BrightSphere Investment Group Inc.), Revolving Credit Agreement (BrightSphere Investment Group Inc.), Revolving Credit Agreement (BrightSphere Investment Group Inc.)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower Borrower, any of its Subsidiaries or any Restricted Subsidiary as to of their respective executive officers or directors (i) which there is a reasonable possibility of an adverse determination and that, if adversely determined would could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve any of the Loan Documents or the Transactions.

Appears in 4 contracts

Samples: Credit Agreement (Dex Media, Inc.), Credit Agreement (Dex Media, Inc.), Credit Agreement (Dex Media, Inc.)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any Restricted Subsidiary of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect or (other than ii) that involve the Disclosed Matters)Credit Documents or the Transactions.

Appears in 4 contracts

Samples: Credit Agreement (Manitowoc Co Inc), Credit Agreement (Manitowoc Co Inc), Credit Agreement (Manitowoc Co Inc)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the BorrowerBorrowers, threatened in writing against the or affecting any Borrower or any Restricted Subsidiary of their respective Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined determined, would reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that arises from this Agreement or the Transactions.

Appears in 4 contracts

Samples: Credit Agreement (Oaktree Capital Group, LLC), Credit Agreement (Oaktree Capital Group, LLC), Credit Agreement (Oaktree Capital Group, LLC)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any Restricted Subsidiary as to of its Subsidiaries (i) which there is a reasonable possibility of an adverse determination and that, if adversely determined would could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that, as of the Effective Date, involve this Agreement or the Transactions.

Appears in 4 contracts

Samples: Credit Agreement (Citrix Systems Inc), Assignment and Assumption (Citrix Systems Inc), Assignment and Assumption (Citrix Systems Inc)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any Restricted Subsidiary of its Subsidiaries (i) as to which there is a reasonable possibility possi­bility of an adverse determination and that, if adversely determined would deter­mined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve this Agreement or the Transactions.

Appears in 4 contracts

Samples: Assignment and Assumption (Spartan Motors Inc), Credit Agreement (Warren Resources Inc), 364 Day Revolving Credit Agreement (Enterprise Products Partners L P)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the BorrowerBorrowers, threatened in writing against the or affecting any Borrower or any Restricted Subsidiary of their Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve any Loan Document or the Transactions.

Appears in 4 contracts

Samples: Credit Agreement (Shyft Group, Inc.), Credit Agreement (Shyft Group, Inc.), Credit Agreement (Spartan Motors Inc)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the BorrowerBorrower or any of its Subsidiaries, threatened in writing against or affecting the Borrower or any Restricted Subsidiary as to of its Subsidiaries (i) which there is a reasonable possibility of an adverse determination and that, if adversely determined would could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve any of the Loan Documents or the Transactions.

Appears in 4 contracts

Samples: Term Loan Agreement (Tyson Foods Inc), Day Bridge Term (Tyson Foods Inc), Term Loan Agreement (Tyson Foods Inc)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any Restricted Subsidiary of the Subsidiaries (i) as to which there is a reasonable possibility expectation of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve this Agreement or the Transactions.

Appears in 4 contracts

Samples: Credit Agreement (Eagle Materials Inc), Credit Agreement (Eagle Materials Inc), Credit Agreement (Eagle Materials Inc)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the BorrowerBorrowers, threatened in writing against or affecting the Borrower Company or any Restricted Subsidiary of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve this Agreement, the other Loan Documents or the Transactions.

Appears in 4 contracts

Samples: Revolving Credit and Term Loan Agreement (Cooper Companies, Inc.), Credit and Term Loan Agreement, Assignment and Assumption (Cooper Companies, Inc.)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any Restricted Subsidiary of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined determined, would reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve this Agreement, the Guaranties, or the Transactions.

Appears in 4 contracts

Samples: Assignment and Assumption (Heartland Payment Systems Inc), Credit Agreement (Heartland Payment Systems Inc), Assignment and Assumption (Heartland Payment Systems Inc)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any Restricted Subsidiary and the Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect Effect, (other than ii) that involve this Agreement or (iii) that involve the Disclosed Matters)Transactions.

Appears in 4 contracts

Samples: Term Loan Credit Agreement (CDK Global, Inc.), Assignment and Assumption (CDK Global, Inc.), Credit Agreement (CDK Global, Inc.)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any Restricted Subsidiary of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve this Agreement, any other Loan Document or the Transactions.

Appears in 4 contracts

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

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Parent Borrower, threatened in writing against or affecting the Parent Borrower or any Restricted Subsidiary of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in have a Material Adverse Effect or (other than ii) that involve any of the Disclosed Matters)Loan Documents, the Original Credit Agreement, the Existing Credit Agreement or the Transactions.

Appears in 4 contracts

Samples: Credit Agreement (SPX Corp), Credit Agreement (SPX Corp), Credit Agreement (SPX Corp)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any Restricted Subsidiary as to of its Subsidiaries (i) the reasonably anticipated outcome of which there is a reasonable possibility of an adverse determination and that, if adversely determined would reasonably be expectedwould, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve this Agreement or the Transactions.

Appears in 4 contracts

Samples: Revolving Credit Agreement (Arch Chemicals Inc), Credit Agreement (Olin Corp), Revolving Credit Agreement (Arch Chemicals Inc)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any Restricted Subsidiary as to of the Subsidiaries (i) which there is a reasonable possibility of an adverse determination and that, if adversely determined would reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve this Agreement or the Transactions.

Appears in 4 contracts

Samples: Credit Agreement (NEWMONT Corp /DE/), Credit Agreement (NEWMONT Corp /DE/), Credit Agreement (NEWMONT Corp /DE/)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of Holdings, the BorrowerParent Borrower or Purchasing, threatened in writing against the Borrower or affecting Holdings or any Restricted Subsidiary of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would reasonably be expecteddetermined, would, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve any of the Loan Documents or the Transactions.

Appears in 4 contracts

Samples: Credit Agreement (J C Penney Co Inc), Credit Agreement (J C Penney Co Inc), Credit Agreement (J C Penney Co Inc)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Parent or the Borrower, threatened in writing against or affecting the Borrower Parent or any Restricted Subsidiary of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve this Agreement or the Transactions.

Appears in 4 contracts

Samples: Assignment and Assumption (MF Global Ltd.), Assignment and Assumption (MF Global Ltd.), MF Global Holdings Ltd.

Litigation and Environmental Matters. (a) There Except for the Disclosed Matters, there are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of any of the BorrowerBorrowers, threatened in writing against or affecting the Borrower or any Restricted Subsidiary as to Borrowers (i) which there is a reasonable possibility of an adverse determination and that, if adversely determined would could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve this Agreement or the Transactions.

Appears in 4 contracts

Samples: Credit Agreement (Kaiser Aluminum Corp), Credit Agreement (Kaiser Aluminum Corp), Credit Agreement (Kaiser Aluminum Corp)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against any Holding Company, the Borrower or any Restricted Subsidiary as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters).

Appears in 4 contracts

Samples: First Lien Credit Agreement (GoodRx Holdings, Inc.), First Lien Credit Agreement (GoodRx Holdings, Inc.), First Lien Credit Agreement (GoodRx Holdings, Inc.)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the BorrowerBorrowers, threatened in writing against the or affecting any Borrower or any of its Restricted Subsidiary as Subsidiaries (i) which could reasonably be expected to which there is a reasonable possibility of an adverse determination be adversely determined and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect or (other than ii) that involve this Agreement or the Disclosed Matters)Transactions.

Appears in 4 contracts

Samples: Credit Agreement (Aol Time Warner Inc), Credit Agreement (Aol Time Warner Inc), Credit Agreement (Aol Time Warner Inc)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of Holdings or the Borrower, threatened in writing against or affecting Holdings, the Borrower or any Restricted Subsidiary (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve any of the Loan Documents or the Transactions.

Appears in 3 contracts

Samples: Credit Agreement (Interline Brands, Inc./De), And Restatement Agreement (Interline Brands, Inc./De), Credit Agreement (Interline Brands, Inc./De)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any Restricted Subsidiary as to which there is a reasonable possibility of an adverse determination and the Subsidiaries (i) that, if adversely determined would (and provided that there exists a reasonable possibility of such adverse determination), could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve any Loan Document or the Transactions.

Appears in 3 contracts

Samples: Credit Agreement (Virtus Investment Partners, Inc.), Security Agreement (Virtus Investment Partners, Inc.), Credit Agreement (Virtus Investment Partners, Inc.)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings (including labor matters) by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the such Borrower, threatened in writing against the or affecting such Borrower or any of its Restricted Subsidiary Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters) or (ii) that involve this Agreement or the Transactions (excluding use of proceeds).

Appears in 3 contracts

Samples: Credit Agreement (QVC Inc), Credit Agreement (QVC Inc), Credit Agreement (Liberty Interactive Corp)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any Restricted Subsidiary of the Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect or (other than ii) that involve any of the Disclosed Matters)Loan Documents.

Appears in 3 contracts

Samples: Credit Agreement (Acxiom Corp), Term Credit Agreement (Acxiom Corp), Credit Agreement (Acxiom Corp)

Litigation and Environmental Matters. (a) There Except for the Disclosed Matters, there are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against the Borrower or any Restricted Subsidiary of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect or (other than ii) that involve this Agreement or the Disclosed Matters)Transactions.

Appears in 3 contracts

Samples: Credit Agreement (Lexmark International Inc /Ky/), Credit Agreement (Lexmark International Inc /Ky/), Credit Agreement (Lexmark International Inc /Ky/)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any Restricted Subsidiary its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect or (other than ii) that involve this Financing Agreement or the Disclosed Matters)transactions contemplated to occur hereunder.

Appears in 3 contracts

Samples: Financing Agreement (Cannondale Corp /), Financing Agreement (Cannondale Corp /), Financing Agreement (Cannondale Corp /)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against the Borrower or any Restricted Subsidiary as to which there is a reasonable possibility of an adverse determination and that, if adversely determined determined, would reasonably be expected, individually or in the aggregate, expected to result in have a Material Adverse Effect (other than the Disclosed Matters).

Appears in 3 contracts

Samples: Credit Agreement (Tradeweb Markets Inc.), Credit Agreement (Tradeweb Markets Inc.), Credit Agreement (Tradeweb Markets Inc.)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing (including “cease and desist” letters and invitations to take a patent license) against or affecting the Borrower or any of its Restricted Subsidiary as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would Subsidiaries (i) that could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect or (ii) that involve this Agreement, any other than Loan Document or the Disclosed Matters)Transactions.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Block, Inc.), Revolving Credit Agreement (Block, Inc.), Revolving Credit Agreement (Square, Inc.)

Litigation and Environmental Matters. (a) There Except for the Disclosed Matters and except with respect to any other matters that, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, there are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any Restricted Subsidiary as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would reasonably be expected, individually its Subsidiaries or in that involve this Agreement or the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)Transactions.

Appears in 3 contracts

Samples: Credit Agreement (Newfield Exploration Co /De/), Credit Agreement (Newfield Exploration Co /De/), Credit Agreement (Newfield Exploration Co /De/)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of Holdings or the Borrower, threatened in writing against the Borrower or affecting Holdings or any Restricted Subsidiary (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, 69 individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve any of the Loan Documents or the Transactions.

Appears in 3 contracts

Samples: Aircraft Dry Lease (Williams Companies Inc), Credit Agreement (Williams Companies Inc), Credit Agreement (Williams Companies Inc)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of Holdings or the Borrower, threatened in writing against the Borrower or affecting Holdings or any Restricted Subsidiary (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve any of the Loan Documents or the Transactions.

Appears in 3 contracts

Samples: Agreement of Purchase and Sale (Williams Companies Inc), Credit Agreement (Williams Companies Inc), Credit Agreement (Williams Communications Group Inc)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against the Borrower or any Restricted Subsidiary of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve this Agreement or the Transactions.

Appears in 3 contracts

Samples: Assignment and Assumption (Hines Real Estate Investment Trust Inc), Assignment and Assumption (Hines Global REIT, Inc.), Credit Agreement (Hines Global REIT, Inc.)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any Restricted Subsidiary of its Subsidiaries or that involve this Agreement or the Transactions as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters).

Appears in 3 contracts

Samples: Credit Agreement (Delhaize America Inc), Credit Agreement (Delhaize America Inc), Credit Agreement (Delhaize America Inc)

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Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against the Borrower or affecting Intermediate Holdings or any of its Restricted Subsidiary Subsidiaries as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, expected to result in a Material Adverse Effect (other than the Disclosed Matters).

Appears in 3 contracts

Samples: Credit Agreement (MSG Entertainment Spinco, Inc.), Credit Agreement (MSG Entertainment Spinco, Inc.), Credit Agreement (Madison Square Garden Co)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against the or affecting Borrower or any Restricted Subsidiary Subsidiary, (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect or (other than ii) that involve this Agreement or the Disclosed Matters)Transactions.

Appears in 3 contracts

Samples: Credit Agreement (ANTERO RESOURCES Corp), Credit Agreement (ANTERO RESOURCES Corp), Credit Agreement (Antero Resources Midstream LLC)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against the Borrower Parent or any Restricted Subsidiary as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters).

Appears in 3 contracts

Samples: Credit Agreement (Micro Focus International PLC), Credit Agreement (Micro Focus International PLC), Credit Agreement (Micro Focus International PLC)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the BorrowerBorrowers, threatened in writing against or affecting the Borrower Parent or any Restricted Subsidiary as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would its Subsidiaries (i) that could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve this Agreement or the Transactions.

Appears in 3 contracts

Samples: Credit Agreement (Mirion Technologies, Inc.), Credit Agreement (Mirion Technologies, Inc.), Credit Agreement (Mirion Technologies, Inc.)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any Restricted Subsidiary of its Subsidiaries (i) as to which there is a reasonable possibility likelihood of an adverse determination and that, that if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters), or (ii) that involve any of the Loan Documents or the Financing Transactions.

Appears in 3 contracts

Samples: Credit Agreement (Topps Co Inc), Credit Agreement (Topps Co Inc), Credit Agreement (Topps Co Inc)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the BorrowerBorrower or any Restricted Subsidiary, threatened in writing against or affecting the Borrower or any Restricted Subsidiary as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would that (i) could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect or (other than ii) adversely affect any of the Disclosed Matters)Loan Documents or the Transactions.

Appears in 3 contracts

Samples: Credit Agreement (Costar Group, Inc.), Credit Agreement (Costar Group, Inc.), Agreement (Costar Group Inc)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the BorrowerBorrower or any Subsidiary, threatened in writing against or affecting the Borrower or any Restricted Subsidiary as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would that (i) could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect or (other than ii) adversely affect any of the Disclosed Matters)Loan Documents or the Transactions.

Appears in 3 contracts

Samples: Credit Agreement (Costar Group, Inc.), Credit Agreement (Costar Group Inc), Credit Agreement (Costar Group Inc)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against the Borrower or affecting any Credit Party or any Restricted Subsidiary of the Borrower’s Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve this Agreement or the Transactions.

Appears in 3 contracts

Samples: Credit Agreement (Weingarten Realty Investors /Tx/), Credit Agreement (Weingarten Realty Investors /Tx/), Credit Agreement (Weingarten Realty Investors /Tx/)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Parent Borrower, threatened in writing against or affecting the Parent Borrower or any Restricted Subsidiary of the Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect or (other than ii) that involve any of the Disclosed Matters)Loan Documents or the Transactions.

Appears in 3 contracts

Samples: Credit Agreement (Pliant Corp), Credit Agreement (Pliant Corp), Pliant Corp

Litigation and Environmental Matters. (a) There Except as disclosed on Schedule 3.06 hereto, there are no actions, suits, proceedings or investigations or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any Restricted Subsidiary of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect or (other than ii) that involve this Agreement or the Disclosed Matters)Transactions.

Appears in 3 contracts

Samples: Credit Agreement (Layne Christensen Co), Credit Agreement (Layne Christensen Co), Credit Agreement (Layne Christensen Co)

Litigation and Environmental Matters. (a) There Except for the Disclosed Matters, there are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against the or affecting any Borrower or any Restricted Subsidiary Group Company (i) as to which there is a reasonable possibility of an adverse determination and determinations that, if adversely determined would reasonably be expected, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect or (other than ii) that involve the Disclosed Matters)legality, validity or enforceability of any of the Loan Documents or the Financing Transactions.

Appears in 3 contracts

Samples: Credit Agreement (Gear & Broach, Inc. C/O FastenTech, Inc.), Credit Agreement (Fastentech Inc), Credit Agreement (Integrated Energy Technologies Inc)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any Restricted Subsidiary (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would reasonably be expecteddetermined, would, individually or in the aggregate, to result in a Material Adverse Effect (other than except as explicitly disclosed in the Disclosed Matters)Disclosure Documents) or (ii) that involve any of the Loan Documents or the Transactions.

Appears in 3 contracts

Samples: Lease Agreement (Unisource Energy Corp), Credit Agreement (Tucson Electric Power Co), Credit Agreement (Tucson Electric Power Co)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the such Borrower, threatened in writing against the or affecting such Borrower or any of its Restricted Subsidiary as Subsidiaries (i) which could reasonably be expected to which there is a reasonable possibility of an adverse determination be adversely determined and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect or (other than ii) that involve this Agreement or the Disclosed Matters)Transactions.

Appears in 3 contracts

Samples: Credit Agreement (Time Warner Inc), Credit Agreement (Time Warner Inc), Credit Agreement (Time Warner Inc)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any Restricted Subsidiary of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination is reasonably likely and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect or (ii) that involve this Agreement, the other than Loan Documents or the Disclosed Matters)Transactions.

Appears in 3 contracts

Samples: Credit Agreement (Smithfield Foods Inc), Smithfield Foods Inc, Smithfield Foods Inc

Litigation and Environmental Matters. (a) There are no investigations, actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any Restricted Subsidiary of its Material Subsidiaries or their Property (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, may reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve this Agreement or the Transactions.

Appears in 3 contracts

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

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Parent Borrower, threatened in writing against or affecting the Parent Borrower or any of its Restricted Subsidiary Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in have a Material Adverse Effect or (other than ii) that involve any of the Disclosed Matters)Loan Documents or the Transactions.

Appears in 3 contracts

Samples: Credit Agreement (SPX Corp), Credit Agreement (SPX Corp), Credit Agreement (SPX Corp)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the BorrowerExecutive Officers, threatened in writing against or affecting the Borrower or any Restricted Subsidiary as to which there is a reasonable possibility of an adverse determination and that, if adversely determined its Subsidiaries (i) that would reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect or (other than ii) that involve this Agreement or the Disclosed Matters)Transactions or the transactions contemplated by the IPO or the Notes Offering.

Appears in 3 contracts

Samples: Credit Agreement (Medco Health Solutions Inc), Bridge Credit Agreement (Medco Health Solutions Inc), Credit Agreement (Medco Health Solutions Inc)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the BorrowerGuarantor, threatened in writing against the Borrower or affecting Guarantor or any of the Restricted Subsidiary as Subsidiaries (i) which could reasonably be expected to which there is a reasonable possibility of an adverse determination be adversely determined and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect or (other than ii) that involve this Agreement or the Disclosed Matters)Transactions.

Appears in 3 contracts

Samples: Credit Agreement (Central European Media Enterprises LTD), Credit Agreement (Central European Media Enterprises LTD), Credit Agreement (Central European Media Enterprises LTD)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against the or affecting Borrower or any Restricted Subsidiary of its Material Subsidiaries (i) as to which which, in the reasonable judgment of Borrower, there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, expected to result in a Material Adverse Effect or (other than ii) that involve any of the Disclosed Matters)Loan Documents or the Transactions.

Appears in 3 contracts

Samples: Credit Agreement (Smith International Inc), Credit Agreement (Smith International Inc), Credit Agreement (Smith International Inc)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting any of the Parent, the Borrower or any Restricted Subsidiary of the Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that expressly contest the validity of this Agreement or the Transactions.

Appears in 3 contracts

Samples: Credit Agreement (Abercrombie & Fitch Co /De/), Credit Agreement (Abercrombie & Fitch Co /De/), Credit Agreement (Abercrombie & Fitch Co /De/)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against the any Borrower or any Restricted Subsidiary of its Subsidiaries, threatened against or affecting any such Person (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than those set forth on Schedule 3.06) or (ii) that involve any of the Disclosed Matters)Loan Documents.

Appears in 3 contracts

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

Litigation and Environmental Matters. (a) There Except for the Disclosed Matters, there are no actions, suitssuits or proceedings, investigations or proceedings or, to the knowledge of any Borrower, investigations, by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the any Borrower, threatened in writing against or affecting the Borrower Company or any Restricted Subsidiary of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect or (other than ii) that relate specifically to this Agreement or the Disclosed Matters)Transactions.

Appears in 3 contracts

Samples: Credit Agreement (Eaton Vance Corp), Credit Agreement (Eaton Vance Corp), Credit Agreement (Eaton Vance Corp)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any Restricted Subsidiary (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregateaggregate (excluding from such aggregate any Disclosed Matters), to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve this Agreement.

Appears in 3 contracts

Samples: 364 Day Credit Agreement (Anthem Inc), Credit Agreement (Anthem Inc), Day Credit Agreement (Anthem Inc)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations investigations, or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any Restricted Subsidiary Subsidiary, (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve this Agreement or the Transactions.

Appears in 2 contracts

Samples: Assignment and Assumption (Exco Resources Inc), Senior Unsecured Term Credit Agreement (Exco Resources Inc)

Litigation and Environmental Matters. (aA) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Parent or the Borrower, threatened in writing against or affecting the Borrower Parent or any Restricted Subsidiary (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined determined, would reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve any of the Loan Documents or the Restatement Transactions.

Appears in 2 contracts

Samples: Credit Agreement (American Axle & Manufacturing Holdings Inc), Credit Agreement (American Axle & Manufacturing Holdings Inc)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any Restricted Subsidiary as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would (i) that could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)Matters in Part A of Schedule 3.06) or (ii) that involve this Agreement or the Transactions.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Rackspace Hosting, Inc.), Revolving Credit Agreement (Rackspace Hosting, Inc.)

Litigation and Environmental Matters. (a) There Except for the Disclosed Matters, there are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the BorrowerBorrowers, threatened in writing against the Borrower Company or any Restricted Subsidiary (i) as to which there is a reasonable possibility likelihood of an adverse determination and that, if adversely determined determined, would reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect or (other than ii) that involve any of the Disclosed Matters)Loan Documents or the Transactions.

Appears in 2 contracts

Samples: Lender (Ascena Retail Group, Inc.), Assignment and Assumption (Ascena Retail Group, Inc.)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any Restricted Subsidiary of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect or (other than ii) that involve any of the Disclosed Matters)Loan Documents or the Transactions.

Appears in 2 contracts

Samples: Credit Facility Agreement (Lennox International Inc), Credit Agreement (Galyans Trading Co Inc)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any of its Restricted Subsidiary Subsidiaries (i) as to which there is a reasonable possibility probability of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve this Agreement or the Transactions.

Appears in 2 contracts

Samples: Credit Agreement (Dean Foods Co), Credit Agreement (Dean Foods Co)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the any Borrower, threatened in writing against the or affecting such Borrower or any Restricted Subsidiary as to of the Subsidiaries (i) which there is a reasonable possibility of an adverse determination and that, if adversely determined would could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve this Agreement or the Transactions.

Appears in 2 contracts

Samples: Credit Agreement (Newmont Mining Corp /De/), Credit Agreement (Newmont Mining Corp /De/)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any Restricted Subsidiary of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that specifically involve this Agreement or the Transactions.

Appears in 2 contracts

Samples: First Amendment and Incremental Agreement (Fortune Brands Home & Security, Inc.), Credit Agreement (Fortune Brands Home & Security, Inc.)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any Restricted Subsidiary of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters), or (ii) that involve this Agreement, the other Loan Documents or the Transactions.

Appears in 2 contracts

Samples: Credit Agreement (Waddell & Reed Financial Inc), Credit Agreement (Waddell & Reed Financial Inc)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the BorrowerLoan Parties, threatened in writing against or affecting the Borrower or any of its Restricted Subsidiary Subsidiaries or against any of their properties or revenues as to which there is a reasonable possibility of an adverse determination and that, if adversely determined determined, would reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed MattersMatters set forth in Schedule 5.06).

Appears in 2 contracts

Samples: Credit Agreement (Sunpower Corp), Credit Agreement (Sunpower Corp)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of Avis or the Borrower, threatened in writing against the Borrower or affecting Avis or any Restricted Subsidiary of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve this Agreement or the Transactions.

Appears in 2 contracts

Samples: Credit Agreement (Avis Rent a Car Inc), Credit Agreement (Avis Rent a Car Inc)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the any Borrower, threatened in writing against the or affecting any Borrower or any Restricted Subsidiary of its subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect or (ii) that involve this Agreement, any other than Loan Document or the Disclosed Matters)Transactions.

Appears in 2 contracts

Samples: Credit Agreement (General Cable Corp /De/), Credit Agreement (General Cable Corp /De/)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any of its Restricted Subsidiary as to which there is a reasonable possibility of an adverse determination and that, if adversely determined Subsidiaries (i) that would reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) on the Restatement Effective Date, that involve this Agreement or the Transactions.

Appears in 2 contracts

Samples: Credit Agreement (Donnelley Financial Solutions, Inc.), Credit Agreement (Donnelley Financial Solutions, Inc.)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Parent or the Borrower, threatened in writing against or affecting the Borrower Parent or any Restricted Subsidiary of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve any of the Loan Documents or the Transactions.

Appears in 2 contracts

Samples: Credit Agreement (Winstar Communications Inc), Credit Agreement (Winstar Communications Inc)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the a Borrower, threatened in writing against the or affecting a Borrower or any Restricted Subsidiary of their Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined would determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters)) or (ii) that involve this Agreement, the other Loan Documents or the Transactions.

Appears in 2 contracts

Samples: Credit Agreement (FelCor Lodging Trust Inc), Credit Agreement (FelCor Lodging Trust Inc)

Litigation and Environmental Matters. (a) There are no actions, suits, investigations suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the BorrowerParent or any Borrowing Subsidiary, threatened in writing against the Borrower or affecting Parent or any Restricted Subsidiary of the Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined determined, would reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect or (other than ii) that involve any of the Disclosed Matters)Loan Documents or the Transactions.

Appears in 2 contracts

Samples: Credit Agreement (TripAdvisor, Inc.), Credit Agreement (TripAdvisor, Inc.)

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