Litigation and Labor Matters. (a) Except as set forth on the attached LITIGATION SCHEDULE, there are no actions, suits or proceedings pending or, to the best knowledge of the Company, threatened against the Company or any Subsidiary, or any of their respective properties or business, at law or in equity, or before or by any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, and neither the Company nor any Subsidiary is subject to any outstanding judgment, order or decree of any court or governmental body.
(b) Neither the Company nor any Subsidiary has committed any unfair labor practice under applicable Federal or state law, nor has the Company or any Subsidiary received any notice of or claim that they have committed any unfair labor practice under applicable Federal or state law. There are no collective bargaining agreements to which the Company or any of its Subsidiaries are bound. No collective bargaining unit has filed a petition for representation of any of the employees of the Company or any Subsidiary and, to the knowledge of the Company, no union organizing activity is occurring with respect to any of the employees of the Company or any Subsidiary.
Litigation and Labor Matters. Except as provided for or disclosed in the Financial Statements:
(a) There is no litigation, Proceeding or governmental investigation pending or Threatened, against or related to the Company or, its Properties, assets or business;
(b) There is no litigation, Proceeding or governmental investigation pending or Threatened, against or related to any Shareholder or any Shareholder's properties, assets or business that could reasonably be expected to have an adverse impact on the Company;
(c) The Company is not in default with respect to any order, writ, injunction or decree of any court or federal, state, municipal, foreign or governmental department, commission, board, bureau, agency or instrumentality;
(d) The Company has not committed, and neither the Shareholders nor the Company has received any notice of or claim that the Company has committed any unfair labor practice under applicable federal, state or foreign law; and
(e) There is no pending action or Proceeding that has been commenced against the Company that may have the effect of preventing, delaying or making illegal the Acquisition and, to the best knowledge of the Shareholders and the Company, no such action or Proceeding has been Threatened.
Litigation and Labor Matters. Except as provided for or disclosed in the 1997 Balance Sheet or in Schedule B hereto: (a) There is no litigation, proceeding or governmental investigation pending or to the knowledge of the Stockholder threatened, against Limited, or its properties or business;
Litigation and Labor Matters. There is no suit, action, arbitration, mediation, legal, administrative or other proceeding or governmental investigation pending or, to the best knowledge of Powin Corporation and Powin Mexico, threatened against Powin Mexico. No labor disputes, strikes or lockouts are pending or threatened against Powin Mexico, nor is unionization threatened at Powin Mexico. Powin Mexico is not subject to any order, writ, injunction, or decree of any U.S. or Mexican federal, national, state, city or local court, department or agency, or instrumentality. Powin Mexico has complied in all material respects with all applicable laws, rules, and regulations relating to the employment of labor, including laws relative to wages, hours, employee benefits, and the payment or withholding of taxes for its employees.
Litigation and Labor Matters. Except as set forth on Schedule 6.6 hereto:
(a) there is no litigation, Proceeding or governmental investigation pending or Threatened, against or related to the Company or its properties or businesses;
(b) there is no litigation, Proceeding or governmental investigation pending or Threatened, against or related to any Selling Stockholder or any of such Selling Stockholder's properties or businesses that could reasonably be expected to have an adverse impact on the Company;
(c) the Company is not in default with respect to any order, writ, injunction or decree of any court or Federal, state, municipal or governmental department, commission, board, bureau, agency or instrumentality;
(d) the Company has not committed, and neither any Selling Stockholder nor the Company has received any notice of or claim that the Company has committed any unfair labor practice under applicable Federal or state law;
(e) there are no collective bargaining agreements between the Company and any persons employed by the Company, and the Company does not have a duty to bargain with any labor organization with respect to any employee. There is not pending any demand for recognition or any other request or demand from a labor organization for representative status with respect to any persons employed by the Company.
(f) there is no pending action or Proceeding that has been commenced against the Company that may have the effect of preventing, delaying or making illegal the Contemplated Transactions and, to the best knowledge of the Company and the Selling Stockholders, no such action or Proceeding has been Threatened.
Litigation and Labor Matters. 14 6.7 Insurance.....................................................................14 6.8
Litigation and Labor Matters. 26 4.12 Governmental Consents, etc. . . . . . . . . . . . . . . . . 27 4.13 Employees . . . . . . . . . . . . . . . . . . . . . . . . . 27 4.14 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . 29
Litigation and Labor Matters. Except as provided for and disclosed in the 1998 Balance Sheet or disclosed in Schedule 4.8 hereto:
(a) There is no litigation, proceeding or governmental investigation pending or, to the knowledge of the Buechley Stockholders, threatened against CORD, its properties or its business;
(b) CORD is not in default with respect to any order, writ, injunction or decree of any court or federal state, municipal or governmental department, commission, board, bureau, agency or instrumentality;
(c) CORD has not committed, and neither the Buechley Stockholders nor CORD have received any notice of or claim that CORD has committed any unfair labor practice under applicable federal or state law; and
(d) To the knowledge of the Buechley Stockholders, there are no facts that could furnish the basis for a valid claim that could be brought against CORD in litigation or arbitration.
Litigation and Labor Matters. Except as disclosed in SCHEDULE 4.7 attached hereto, Summit is not aware of and has not been served with any notice or claim by any governmental agency, customer, employee or any other party whatsoever relating to:
(a) any environmental claim associated with operations of Summit or the ownership or operations of any property or properties by Summit;
(b) any claim of non-compliance by Summit under any occupational safety or health law;
(c) any negligence claims or errors and omissions claims with respect to any services performed by or goods or products sold by Summit;
(d) any violation of any law or regulation or any term or condition of any permit or licence held by Summit;
(e) any workers' compensation statute and any other applicable equal employment opportunity or discrimination, wage and hour, collective bargaining agreement, wrongful discharge, personnel or other employment related statutes, law or common law rights of any type or description; or
(f) any other litigation of any type related in any way to the business and operations of Summit.
Litigation and Labor Matters. (a) There are no actions, suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened against or affecting, the Borrower or any of its Subsidiaries (i) that, if adversely determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (except for the Disclosed Matters) or (ii) that involve this Agreement or the Transactions.
(b) There are no labor controversies pending against or, to the knowledge of the Borrower, threatened against or affecting the Borrower or any of its Subsidiaries (i) which could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (except for the Disclosed Matters), or (ii) that involve this Agreement or the Transactions.
