Common use of Litigation; Claims Clause in Contracts

Litigation; Claims. (a) There is no action, suit, claim, investigation or proceeding, whether at law or in equity (a “Claim”), pending or, to the knowledge of DCG, threatened that questions the validity of this Agreement or the Related Agreements or any action taken or to be taken by DCG or the DCG Shareholders in connection with the consummation of the transactions contemplated hereby or thereby or which seeks to prohibit, enjoin or otherwise challenge any of the transactions contemplated hereby or thereby. (b) Schedule 4.9(b) sets forth an accurate and complete list, and a brief description (setting forth the names of the parties involved, the court or other governmental or mediating entity involved, the relief sought and the substantive allegations and the status thereof), of each Claim pending or, to the knowledge of DCG, threatened against or affecting DCG. None of the pending or threatened Claims set forth on Schedule 4.9(b), if adversely determined, would individually or in the aggregate, result in a materially adverse effect on DCG. To the knowledge of DCG no event has occurred and no circumstance, matter or set of facts exist which would constitute a valid basis for the assertion by any third party of any Claim, other than those listed on Schedule 4.9(b). Except as set forth in Schedule 4.9(b) there is no outstanding or, to the knowledge of DCG, threatened judgment, injunction, judgment, order or consent or similar decree or agreement (including, without limitation, any consent or similar decree or agreement with any governmental entity) against, affecting or naming DCG. (c) To DCG’s knowledge, except as disclosed in Schedule 4.9(c), there is no claim (whether based on statute, negligence, breach of warranty, strict liability or any other theory) relating directly or indirectly to any product manufactured or sold, or any services performed, by DCG.

Litigation; Claims. (a) There is no action, suit, claim, investigation or proceeding, whether at law or in equity (a “"Claim”"), pending or, to the knowledge of DCG, threatened that questions the validity of this Agreement or the Related Agreements or any action taken or to be taken by DCG or the DCG Shareholders in connection with the consummation of the transactions contemplated hereby or thereby or which seeks to prohibit, enjoin or otherwise challenge any of the transactions contemplated hereby or thereby. (b) Schedule 4.9(b) sets forth an accurate and complete list, and a brief description (setting forth the names of the parties involved, the court or other governmental or mediating entity involved, the relief sought and the substantive allegations and the status thereof), of each Claim pending or, to the knowledge of DCG, threatened against or affecting DCG. None of the pending or threatened Claims set forth on Schedule 4.9(b), if adversely determined, would individually or in the aggregate, result in a materially adverse effect on DCG. To the knowledge of DCG no event has occurred and no circumstance, matter or set of facts exist which would constitute a valid basis for the assertion by any third party of any Claim, other than those listed on Schedule 4.9(b). Except as set forth in Schedule 4.9(b) there is no outstanding or, to the knowledge of DCG, threatened judgment, injunction, judgment, order or consent or similar decree or agreement (including, without limitation, any consent or similar decree or agreement with any governmental entity) against, affecting or naming DCG. (c) To DCG’s 's knowledge, except as disclosed in Schedule 4.9(c), there is no claim (whether based on statute, negligence, breach of warranty, strict liability or any other theory) relating directly or indirectly to any product manufactured or sold, or any services performed, by DCG.

Litigation; Claims. (a) There is no action, suit, claim, investigation or proceeding, whether at law or in equity (a “Claim”"CLAIM"), pending or, to the knowledge of DCGBBT, threatened that questions the validity of this Agreement or the Related Agreements or any action taken or to be taken by DCG or the DCG Shareholders BBT in connection with the consummation of the transactions contemplated hereby or thereby or which seeks to prohibit, enjoin or otherwise challenge any of the transactions contemplated hereby or thereby. (b) Schedule 4.9(bSCHEDULE 4.10(B) sets forth an accurate and complete list, and a brief description (setting forth the names of the parties involved, the court or other governmental or mediating entity involved, the relief sought and the substantive allegations and the status thereof), of each Claim pending or, to the knowledge of DCGBBT, threatened against or affecting DCGBBT. None of the pending or threatened Claims set forth on Schedule 4.9(bSCHEDULE 4.10(B), if adversely determined, would individually or in the aggregate, result in a materially adverse effect on DCGBBT. To the knowledge of DCG BBT, no event has occurred and no circumstance, matter or set of facts exist which would constitute a reasonable and valid basis for the assertion by any third party of any claim or Claim, other than those listed on Schedule 4.9(bSCHEDULE 4.10(B). Except as set forth in Schedule 4.9(bSCHEDULE 4.10(B) there is no outstanding or, to the knowledge of DCGBBT, threatened judgment, injunction, judgment, order or consent or similar decree or agreement (including, without limitation, any consent or similar decree or agreement with any governmental entity) against, affecting or naming DCGBBT. (c) To DCG’s BBT's knowledge, except as disclosed in Schedule 4.9(con SCHEDULE 4.10(C), there is no claim (whether based on statute, negligence, breach of warranty, strict liability or any other theory) relating directly or indirectly to any product manufactured or sold, or any services performed, by DCGBBT.

Litigation; Claims. (a) There is no action, suit, claim, investigation or proceeding, whether at law or in equity (a “Claim”), pending or, to the knowledge of DCGWhitbread, threatened that questions the validity of this Agreement or the Related Agreements or any action taken or to be taken by DCG Whitbread or the DCG Shareholders Seller in connection with the consummation of the transactions contemplated hereby or thereby or which seeks to prohibit, enjoin or otherwise challenge any of the transactions contemplated hereby or thereby. (b) Schedule 4.9(b) sets forth an accurate and complete list, and a brief description (setting forth the names of the parties involved, the court or other governmental or mediating entity involved, the relief sought and the substantive allegations and the status thereof), of each Claim pending or, to the knowledge of DCGWhitbread, threatened against or affecting DCGWhitbread. None of the pending or threatened Claims set forth on Schedule 4.9(b), if adversely determined, would individually or in the aggregate, result in a materially adverse effect on DCGWhitbread. To the knowledge of DCG Whitbread no event has occurred and no circumstance, matter or set of facts exist which would constitute a valid basis for the assertion by any third party of any Claim, other than those listed on Schedule 4.9(b). Except as set forth in Schedule 4.9(b) there is no outstanding or, to the knowledge of DCGWhitbread, threatened judgment, injunction, judgment, order or consent or similar decree or agreement (including, without limitation, any consent or similar decree or agreement with any governmental entity) against, affecting or naming DCGWhitbread. (c) To DCGWhitbread’s knowledge, except as disclosed in Schedule 4.9(c), there is no claim (whether based on statute, negligence, breach of warranty, strict liability or any other theory) pending or, to the knowledge of Whitbread, threatened relating directly or indirectly to any product manufactured or sold, or any services performed, by DCGWhitbread.

Litigation; Claims. (a) There is no action, suit, claim, investigation or proceeding, whether at law or in equity (a “Claim”), pending or, to the knowledge of DCGDBA Group, threatened that questions the validity of this Agreement or the Related Agreements or any action taken or to be taken by DCG DBA Group or the DCG Shareholders Seller in connection with the consummation of the transactions contemplated hereby or thereby or which seeks to prohibit, enjoin or otherwise challenge any of the transactions contemplated hereby or thereby. (b) Schedule 4.9(b) sets forth an accurate and complete list, and a brief description (setting forth the names of the parties involved, the court or other governmental or mediating entity involved, the relief sought and the substantive allegations and the status thereof), of each Claim pending or, to the knowledge of DCGDBA Group, threatened against or affecting DCGDBA Group. None of the pending or threatened Claims set forth on Schedule 4.9(b), if adversely determined, would individually or in the aggregate, result in a materially material adverse effect on DCGDBA Group. To the knowledge of DCG DBA Group, no event has occurred and no circumstance, matter or set of facts exist which would constitute a valid basis for the assertion by any third party of any Claim, other than those listed on Schedule 4.9(b). Except as set forth in Schedule 4.9(b) ), there is no outstanding or, to the knowledge of DCGDBA Group, threatened judgment, injunction, judgment, order or consent or similar decree or agreement (including, without limitation, any consent or similar decree or agreement with any governmental entity) against, affecting or naming DCGDBA Group. (c) To DCG’s knowledge, except Except as disclosed in Schedule 4.9(c), there is no claim Claim (whether based on statute, negligence, breach of warranty, strict liability or any other theory) pending, or to the knowledge of DBA Group, threatened, relating directly or indirectly to any product manufactured or sold, or any services performed, by DCGDBA Group.

Litigation; Claims. (a) There is no action, suit, claim, investigation or proceeding, whether at law or in equity (a “"Claim”"), pending or, to the knowledge of DCGData Road, threatened that questions the validity of this Agreement or the Related Agreements or any action taken or to be taken by DCG Data Road or the DCG Shareholders Sellers in connection with the consummation of the transactions contemplated hereby or thereby or which seeks to prohibit, enjoin or otherwise challenge any of the transactions contemplated hereby or thereby. (b) Schedule 4.9(b) sets forth an accurate and complete list, and a brief description (setting forth the names of the parties involved, the court or other governmental or mediating entity involved, the relief sought and the substantive allegations and the status thereof), of each Claim pending or, to the knowledge of DCGData Road, threatened against or affecting DCGData Road. None of the pending or threatened Claims set forth on Schedule 4.9(b), if adversely determined, would individually or in the aggregate, result in a materially material adverse effect on DCGData Road. To the knowledge of DCG Data Road, no event has occurred and no circumstance, matter or set of facts exist which would constitute a valid basis for the assertion by any third party of any Claim, other than those listed on Schedule 4.9(b). Except as set forth in Schedule 4.9(b) ), there is no outstanding or, to the knowledge of DCGData Road, threatened judgment, injunction, judgment, order or consent or similar decree or agreement (including, without limitation, any consent or similar decree or agreement with any governmental entity) against, affecting or naming DCGData Road. (c) To DCG’s Data Road's knowledge, except as disclosed in Schedule 4.9(c), there is no claim (whether based on statute, negligence, breach of warranty, strict liability or any other theory) pending, or to the knowledge of Data Road, threatened relating directly or indirectly to any product manufactured or sold, or any services performed, by DCGData Road.

Litigation; Claims. (a) There is no action, suit, claim, investigation or proceeding, whether at law or in equity (a “"Claim”"), pending or, to the knowledge of DCGPDI, threatened that questions the validity of this Agreement or the Related Agreements or any action taken or to be taken by DCG PDI or the DCG PDI Shareholders in connection with the consummation of the transactions contemplated hereby or thereby or which seeks to prohibit, enjoin or otherwise challenge any of the transactions contemplated hereby or thereby. (b) Schedule 4.9(b) sets forth an accurate and complete list, and a brief description (setting forth the names of the parties involved, the court or other governmental or mediating entity involved, the relief sought and the substantive allegations and the status thereof), of each Claim pending or, to the knowledge of DCGPDI, threatened against or affecting DCGPDI. None of the pending or threatened Claims set forth on Schedule 4.9(b), if adversely determined, would individually or in the aggregate, result in a materially adverse effect on DCGPDI. To the knowledge of DCG PDI no event has occurred and no circumstance, matter or set of facts exist which would constitute a valid basis for the assertion by any third party of any claim or Claim, other than those listed on Schedule 4.9(b). Except as set forth in Schedule 4.9(b) there is no outstanding or, to the knowledge of DCGPDI, threatened judgment, injunction, judgment, order or consent or similar decree or agreement (including, without limitation, any consent or similar decree or agreement with any governmental entity) against, affecting or naming DCGPDI. (c) To DCG’s PDI's knowledge, except as disclosed in Schedule 4.9(c), there is no claim (whether based on statute, negligence, breach of warranty, strict liability or any other theory) relating directly or indirectly to any product manufactured or sold, or any services performed, by DCGPDI.

Litigation; Claims. (a) There is no action, suit, claim, investigation or proceeding, whether at law or in equity (a “"Claim”"), pending or, to the knowledge of DCGWhitbread, threatened that questions the validity of this Agreement or the Related Agreements or any action taken or to be taken by DCG Whitbread or the DCG Shareholders Seller in connection with the consummation of the transactions contemplated hereby or thereby or which seeks to prohibit, enjoin or otherwise challenge any of the transactions contemplated hereby or thereby. (b) Schedule 4.9(b) sets forth an accurate and complete list, and a brief description (setting forth the names of the parties involved, the court or other governmental or mediating entity involved, the relief sought and the substantive allegations and the status thereof), of each Claim pending or, to the knowledge of DCGWhitbread, threatened against or affecting DCGWhitbread. None of the pending or threatened Claims set forth on Schedule 4.9(b), if adversely determined, would individually or in the aggregate, result in a materially adverse effect on DCGWhitbread. To the knowledge of DCG Whitbread no event has occurred and no circumstance, matter or set of facts exist which would constitute a valid basis for the assertion by any third party of any Claim, other than those listed on Schedule 4.9(b). Except as set forth in Schedule 4.9(b) there is no outstanding or, to the knowledge of DCGWhitbread, threatened judgment, injunction, judgment, order or consent or similar decree or agreement (including, without limitation, any consent or similar decree or agreement with any governmental entity) against, affecting or naming DCGWhitbread. (c) To DCG’s Whitbread's knowledge, except as disclosed in Schedule 4.9(c), there is no claim (whether based on statute, negligence, breach of warranty, strict liability or any other theory) pending or, to the knowledge of Whitbread, threatened relating directly or indirectly to any product manufactured or sold, or any services performed, by DCGWhitbread.

Litigation; Claims. (a) There is no action, suit, claim, investigation or proceeding, whether at law or in equity (a “Claim”), pending or, to the knowledge of DCGPDI, threatened that questions the validity of this Agreement or the Related Agreements or any action taken or to be taken by DCG PDI or the DCG PDI Shareholders in connection with the consummation of the transactions contemplated hereby or thereby or which seeks to prohibit, enjoin or otherwise challenge any of the transactions contemplated hereby or thereby. (b) Schedule 4.9(b) sets forth an accurate and complete list, and a brief description (setting forth the names of the parties involved, the court or other governmental or mediating entity involved, the relief sought and the substantive allegations and the status thereof), of each Claim pending or, to the knowledge of DCGPDI, threatened against or affecting DCGPDI. None of the pending or threatened Claims set forth on Schedule 4.9(b), if adversely determined, would individually or in the aggregate, result in a materially adverse effect on DCGPDI. To the knowledge of DCG PDI no event has occurred and no circumstance, matter or set of facts exist which would constitute a valid basis for the assertion by any third party of any claim or Claim, other than those listed on Schedule 4.9(b). Except as set forth in Schedule 4.9(b) there is no outstanding or, to the knowledge of DCGPDI, threatened judgment, injunction, judgment, order or consent or similar decree or agreement (including, without limitation, any consent or similar decree or agreement with any governmental entity) against, affecting or naming DCGPDI. (c) To DCGPDI’s knowledge, except as disclosed in Schedule 4.9(c), there is no claim (whether based on statute, negligence, breach of warranty, strict liability or any other theory) relating directly or indirectly to any product manufactured or sold, or any services performed, by DCGPDI.

Litigation; Claims. (a) There is no action, suit, claim, investigation or proceeding, whether at law or in equity (a “ClaimCLAIM”), pending or, to the knowledge of DCGBBT, threatened that questions the validity of this Agreement or the Related Agreements or any action taken or to be taken by DCG or the DCG Shareholders BBT in connection with the consummation of the transactions contemplated hereby or thereby or which seeks to prohibit, enjoin or otherwise challenge any of the transactions contemplated hereby or thereby. (b) Schedule 4.9(bSCHEDULE 4.10(B) sets forth an accurate and complete list, and a brief description (setting forth the names of the parties involved, the court or other governmental or mediating entity involved, the relief sought and the substantive allegations and the status thereof), of each Claim pending or, to the knowledge of DCGBBT, threatened against or affecting DCGBBT. None of the pending or threatened Claims set forth on Schedule 4.9(bSCHEDULE 4.10(B), if adversely determined, would individually or in the aggregate, result in a materially adverse effect on DCGBBT. To the knowledge of DCG BBT, no event has occurred and no circumstance, matter or set of facts exist which would constitute a reasonable and valid basis for the assertion by any third party of any claim or Claim, other than those listed on Schedule 4.9(bSCHEDULE 4.10(B). Except as set forth in Schedule 4.9(bSCHEDULE 4.10(B) there is no outstanding or, to the knowledge of DCGBBT, threatened judgment, injunction, judgment, order or consent or similar decree or agreement (including, without limitation, any consent or similar decree or agreement with any governmental entity) against, affecting or naming DCGBBT. (c) To DCGBBT’s knowledge, except as disclosed in Schedule 4.9(con SCHEDULE 4.10(C), there is no claim (whether based on statute, negligence, breach of warranty, strict liability or any other theory) relating directly or indirectly to any product manufactured or sold, or any services performed, by DCGBBT.

Litigation; Claims. (a) There is no action, suit, claim, investigation or proceeding, whether at law or in equity (a “Claim”), pending or, to the knowledge of DCGSeller, threatened that questions the validity of this Agreement or the Related Agreements or any action taken or to be taken by DCG Seller or the DCG Shareholders Seller in connection with the consummation of the transactions contemplated hereby or thereby or which seeks to prohibit, enjoin or otherwise challenge any of the transactions contemplated hereby or thereby. (b) Schedule 4.9(b) sets forth an accurate and complete list, and a brief description (setting forth the names of the parties involved, the court or other governmental or mediating entity involved, the relief sought and the substantive allegations and the status thereof), of each Claim pending or, to the knowledge of DCGSeller, threatened against or affecting DCGSeller. None of the pending or threatened Claims set forth on Schedule 4.9(b), if adversely determined, would individually or in the aggregate, result in a materially material adverse effect on DCGSeller. To the knowledge of DCG Seller, no event has occurred and no circumstance, matter or set of facts exist which would constitute a valid basis for the assertion by any third party of any Claim, other than those listed on Schedule 4.9(b). Except as set forth in Schedule 4.9(b) ), there is no outstanding or, to the knowledge of DCGSeller, threatened judgment, injunction, judgment, order or consent or similar decree or agreement (including, without limitation, any consent or similar decree or agreement with any governmental entity) against, affecting or naming DCGSeller. (c) To DCG’s knowledge, except Except as disclosed in Schedule 4.9(c), there is no claim Claim (whether based on statute, negligence, breach of warranty, strict liability or any other theory) pending, or to the knowledge of Seller, threatened, relating directly or indirectly to any product manufactured or sold, or any services performed, by DCGSeller.