Litigation; Compliance with Laws. (a) There are no actions, suits or proceedings at law or in equity by or before any Governmental Authority now pending or, to the knowledge of any Company, threatened against or affecting any Company or any business, Property or rights of any such Person (i) that involve any Loan Document or the Transactions or (ii) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 8 contracts
Samples: Credit Agreement (Harry & David Holdings, Inc.), Credit Agreement (Harry & David Holdings, Inc.), Credit Agreement (Broder Bros Co)
Litigation; Compliance with Laws. (a) There are no not any actions, suits or proceedings at law or in equity equity, or by or before any Governmental Authority now pending or, to the knowledge of any Companythe Borrower, threatened against or affecting the Borrower or any Company Subsidiary or any business, Property property or rights of any such Person (i) that involve any Loan Document purport to affect the legality, validity or enforceability of this Agreement or the consummation of the Transactions or (ii) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, that could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 8 contracts
Samples: Credit Agreement, Term Loan Credit Agreement (Laboratory Corp of America Holdings), Term Loan Credit Agreement (Laboratory Corp of America Holdings)
Litigation; Compliance with Laws. (a) There are no actions, suits or proceedings at law or in equity or by or before any Governmental Authority now pending or, to the knowledge of any Companythe Borrower, threatened in writing against the Borrower or affecting any Company Restricted Subsidiary or any business, Property property or rights of any such Person (i) that involve any Loan Document or the Transactions or (ii) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 7 contracts
Samples: Credit Agreement (Ceridian HCM Holding Inc.), Credit Agreement (Ceridian HCM Holding Inc.), Credit Agreement (Ceridian HCM Holding Inc.)
Litigation; Compliance with Laws. (a) There As of the Closing Date, there are no actions, suits or proceedings at law or in equity by or before any Governmental Authority now pending or, to the knowledge of any Company, threatened against or affecting any Company or any business, Property or rights of any such Person (i) that involve any Loan Document or the Transactions or (ii) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 7 contracts
Samples: Credit Agreement (General Cable Corp /De/), Credit Agreement (General Cable Corp /De/), Credit Agreement (General Cable Corp /De/)
Litigation; Compliance with Laws. (a) There are no actions, suits or proceedings at law or in equity or by or before on behalf of any Governmental Authority or in arbitration now pending pending, or, to the knowledge of any CompanyHoldings (prior to a Borrower Qualified IPO) or the Borrower, threatened in writing against or affecting Holdings or the Borrower or any Company of the Subsidiaries or any business, Property property or rights of any such Person (i) that involve any Loan Document or the Transactions or (ii) as to person which there is a reasonable possibility of an adverse determination and that, if adversely determined, could would reasonably be expectedexpected to have, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 5 contracts
Samples: Credit Agreement (Claires Stores Inc), Credit Agreement (Claires Stores Inc), Credit Agreement (Claires Stores Inc)
Litigation; Compliance with Laws. (a) There are no actions, suits or proceedings at law or in equity by or before any Governmental Authority now pending or, to the knowledge of any Company, threatened against or affecting any Company or any business, Property property or rights of any such Person person (i) that involve any Loan Document or the Transactions or (ii) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 4 contracts
Samples: Credit Agreement (Basic Energy Services Inc), Credit Agreement (Basic Energy Services Inc), Credit Agreement (Basic Energy Services Inc)
Litigation; Compliance with Laws. (a) There are no actions, suits or proceedings at law or in equity or by or before any Governmental Authority now pending or, to the knowledge of any CompanyHoldings or the Borrower, threatened in writing against Holdings or affecting the Borrower or any Company Subsidiary or any business, Property property or rights of any such Person person (i) that involve purport to affect or pertain to any Loan Document or the Transactions or (ii) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 4 contracts
Samples: Intercreditor Agreement (Hawkeye Holdings, Inc.), First Lien Credit Agreement (Hawkeye Holdings, Inc.), Intercreditor Agreement (Hawkeye Holdings, Inc.)
Litigation; Compliance with Laws. (a) There are no actions, suits suits, investigations or proceedings at law or in equity or by or before on behalf of any Governmental Authority or in arbitration now pending oragainst, or to the knowledge of Holdings or the Borrower threatened in writing against, Holdings or the Borrower or any Company, threatened against or affecting any Company of its Restricted Subsidiaries or any business, Property property or rights of any such Person person (i) that involve any Loan Document or the Transactions or (ii) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could that would reasonably be expectedexpected to have, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 4 contracts
Samples: Credit Agreement (Generac Holdings Inc.), Credit Agreement (Generac Holdings Inc.), Credit Agreement (Generac Holdings Inc.)
Litigation; Compliance with Laws. (a) There Except as set forth on Schedule 3.07, there are no investigations, actions, suits or proceedings at law or in equity by or before any Governmental Authority now pending or, to the knowledge of any Company, threatened against or affecting any Company or any business, Property property or rights of any such Person person (i) that involve any Loan Document or the Transactions or (ii) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, that could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 3 contracts
Samples: Credit Agreement (Herbalife Ltd.), Credit Agreement (Herbalife Ltd.), Credit Agreement (Herbalife Ltd.)
Litigation; Compliance with Laws. (a) There are no actionsunstayed Adverse Proceedings now pending, suits or proceedings at law or in equity by or before any Governmental Authority now pending or, to the knowledge of Holdings or any Companyother Loan Party, threatened in writing against or affecting Holdings, the Borrower or any Company of the Subsidiaries or any business, Property property or rights of any such Person person (i) that involve any Loan Document or the Transactions or (ii) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could would reasonably be expectedexpected to have, individually or in the aggregate, to result in a Material Adverse EffectEffect or (ii) that challenge the validity or enforceability of any of the Loan Documents.
Appears in 3 contracts
Samples: Credit Agreement (Verso Corp), Credit Agreement (Verso Corp), Assignment and Acceptance Agreement (Verso Corp)
Litigation; Compliance with Laws. (a) There are no actions, suits or proceedings at law or in equity or by or before any Governmental Authority now pending or, to the knowledge of any Companythe Borrower, threatened against or affecting the Borrower or any Company Subsidiary or any business, Property property or rights of any such Person (i) that involve any Loan Document or the Transactions or (ii) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 3 contracts
Samples: Credit Agreement (Bats Global Markets, Inc.), Credit Agreement (BATS Global Markets, Inc.), Credit Agreement (BATS Global Markets, Inc.)
Litigation; Compliance with Laws. (ai) There are no actions, suits or proceedings at law or in equity or by or before any Governmental Authority now pending or, to the knowledge of any Companyits knowledge, threatened against or affecting any Company or any business, Property or rights it in respect of any such Person (i) that involve any Loan Document or the Transactions or (ii) as to which there is exists a reasonable possibility of an adverse determination and that, if adversely determined, could reasonably be expected, individually or in the aggregate, to outcome that would result in a Material Adverse EffectEffect with respect to it.
Appears in 3 contracts
Samples: Receivables Purchase Agreement (Huntsman International LLC), Receivables Purchase Agreement (Huntsman Ici Holdings LLC), Receivables Purchase Agreement (Huntsman Ici Chemicals LLC)
Litigation; Compliance with Laws. (a) There are no actions, suits or proceedings at law or in equity or by or before any Governmental Authority now pending or, to the knowledge of any Companythe Borrower, threatened against or affecting the Borrower or any Company Subsidiary or any business, Property property or rights of any such Person (i) that involve any Loan Document or the Transactions or (ii) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, that could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 3 contracts
Samples: Credit Agreement (School Specialty Inc), Credit Agreement (School Specialty Inc), Credit Agreement (School Specialty Inc)
Litigation; Compliance with Laws. (a) There are no actions, suits suits, investigations or proceedings at law or in equity or by or before on behalf of any Governmental Authority or in arbitration now pending pending, or, to the knowledge of any Companythe Borrower, threatened in writing against or affecting the Borrower or any Company Subsidiary or any business, Property property or rights of any such Person (i) that involve any Loan Document or the Transactions or (ii) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could would reasonably be expectedexpected to have, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Nuance Communications, Inc.), Revolving Credit Agreement (Nuance Communications, Inc.), Revolving Credit Agreement (Nuance Communications, Inc.)
Litigation; Compliance with Laws. (a) There are no actions, suits or proceedings at law or in equity by or before any Governmental Authority now pending or, to the knowledge of Holdings, investigations by or on behalf of any CompanyGovernmental Authority or in arbitration now pending, or, to the knowledge of Holdings or Products, threatened in writing against or affecting Holdings, Products or any Company of the Subsidiaries or any business, Property property, or rights of any such Person (i) that involve any Loan Document or the Transactions or (ii) as to person, which there is a reasonable possibility of an adverse determination and that, if adversely determined, could would reasonably be expectedexpected to have, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 3 contracts
Samples: Credit Agreement (Rayonier Advanced Materials Inc.), Credit Agreement (Rayonier Advanced Materials Inc.), First Restatement Agreement (Rayonier Advanced Materials Inc.)
Litigation; Compliance with Laws. (a) There are no actions, suits or proceedings at law or in equity or by or before on behalf of any Governmental Authority or in arbitration now pending pending, or, to the knowledge of any Companythe Borrower, threatened in writing against any such person or affecting any Company of the Subsidiaries or any business, Property property or rights of any such Person person (i) that involve any Loan Document or the Transactions Transactions, except as set forth on Schedule 3.09(a), or (ii) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could that would reasonably be expectedexpected to have, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 3 contracts
Samples: Credit Agreement (Sun Country Airlines Holdings, Inc.), Asset Based Revolving Credit Agreement (Sun Country Airlines Holdings, Inc.), Asset Based Revolving Credit Agreement (Sun Country Airlines Holdings, Inc.)
Litigation; Compliance with Laws. (a) There are no actions, suits or proceedings at law or in equity or by or before any Governmental Authority now pending or, to the knowledge of any Companyits knowledge, threatened against or affecting any Company or any business, Property or rights of any such Person it (i) that involve any Loan Document or in connection with the execution and delivery of the Transaction Documents and the consummation of the Transactions contemplated thereunder or (ii) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse EffectEffect with respect to it.
Appears in 3 contracts
Samples: Servicing Agreement (Huntsman International LLC), Servicing Agreement (Huntsman Ici Chemicals LLC), Servicing Agreement (Huntsman Ici Holdings LLC)
Litigation; Compliance with Laws. (a) There are no actions, suits or proceedings at law or in equity by or before any Governmental Authority now pending or, to the knowledge of any Company, threatened against or affecting any Company or any business, Property property or rights of any such Person person (i) that involve any Loan Document or any of the Transactions or (ii) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 3 contracts
Samples: Credit Agreement (Norcraft Companies Lp), Credit Agreement (Norcraft Companies Lp), Credit Agreement (Norcraft Companies Lp)
Litigation; Compliance with Laws. (a) There are no actions, suits or proceedings at law or in equity or by or before on behalf of any Governmental Authority or in arbitration now pending pending, or, to the knowledge of any Companythe Borrower, threatened in writing against the Borrower or affecting any Company of the Subsidiaries or any business, Property property or rights of any such Person person (i) that involve any Loan Document or the Transactions or (ii) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could that would reasonably be expectedexpected to have, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 2 contracts
Samples: First Lien Credit Agreement (Hostess Brands, Inc.), Second Lien Credit Agreement (Hostess Brands, Inc.)
Litigation; Compliance with Laws. (a) There are no not any actions, suits or proceedings at law or in equity or by or before any Governmental Authority now pending or, to the knowledge of any Companythe Borrower, threatened against or affecting the Borrower or any Company Subsidiary or any business, Property property or rights of any such Person person (i) that involve any Loan Document this Agreement or the Transactions or (ii) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 2 contracts
Samples: Credit Agreement (Laboratory Corp of America Holdings), Bridge Loan Agreement (Laboratory Corp of America Holdings)
Litigation; Compliance with Laws. (a1) There are no actions, suits or proceedings at law or in equity or by or before on behalf of any Governmental Authority or in arbitration now pending pending, or, to the knowledge of Holding or any CompanyBorrower, threatened in writing against or affecting Holdings, any Company Borrower or any Restricted Subsidiary or any business, Property property or rights of any such Person (i) that involve any Loan Document or the Transactions or (ii) as to Person, in each case, which there is a reasonable possibility of an adverse determination and that, if adversely determined, could would reasonably be expectedexpected to have, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Venator Materials PLC), Revolving Credit Agreement (Venator Materials PLC)
Litigation; Compliance with Laws. (a) There are no actions, suits or proceedings at law or in equity or by or before any Governmental Authority now pending or, to the knowledge of any Companythe Borrower, threatened against or affecting any Company of the Loan Parties or any business, Property property or rights of any such Person (i) person that involve any Loan Document or the Transactions or (ii) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 2 contracts
Samples: Credit Agreement (Clearlake Capital Partners, LLC), Credit Agreement (Goamerica Inc)
Litigation; Compliance with Laws. (a) There are no actionsaction, suits suit or proceedings proceeding at law or in equity or by or before any Governmental Authority now pending or, to the knowledge of any Companyeach Obligor, threatened against or affecting the Company or any Subsidiary of the Company or any business, Property property or rights of any such Person person (i) that involve involves any Loan Finance Document or the Transactions transactions contemplated herein or (ii) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 2 contracts
Samples: Letter of Credit Facility Agreement (Flowserve Corp), Agreement (Flowserve Corp)
Litigation; Compliance with Laws. (a) There are no actions, suits or proceedings at law or in equity by or before any Governmental Authority now pending or, to the knowledge of the Borrower, investigations by or on behalf of any CompanyGovernmental Authority or in arbitration now pending, or, to the knowledge of Holdings or the Borrower, threatened in writing against or affecting Holdings or the Borrower or any Company of its Subsidiaries or any business, Property property or rights of any such Person (i) that involve any Loan Document or the Transactions or (ii) as to person which there is a reasonable possibility of an adverse determination and that, if adversely determined, could would reasonably be expectedexpected to have, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 2 contracts
Samples: Credit Agreement (Metals Usa Holdings Corp.), Credit Agreement (Noranda Aluminum Acquisition CORP)
Litigation; Compliance with Laws. (a) There Except for the Disclosed Matters, there are no actions, suits or proceedings at law or in equity or by or before any Governmental Authority now pending or, to the knowledge of any CompanyHoldings or the Borrower, threatened against or affecting Holdings or the Borrower or any Company Subsidiary or any business, Property property or rights of any such Person (i) that involve any Loan Document or the Transactions or (ii) person as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 2 contracts
Samples: First Lien Credit Agreement (Itc Deltacom Inc), Second Lien Credit Agreement (Itc Deltacom Inc)
Litigation; Compliance with Laws. (a) There are no actions, suits or proceedings at law or in equity or by or before on behalf of any Governmental Authority or in arbitration now pending pending, or, to the knowledge of any CompanyHoldings or the Borrower, threatened in writing against or affecting any Company Holdings or the Borrower or any business, Property property or rights of any such Person (i) that involve any Loan Document or the Transactions or (ii) as to person which there is a reasonable possibility of an adverse determination and that, if adversely determined, could would reasonably be expectedexpected to have, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 2 contracts
Samples: Term Loan Credit Agreement, Term Loan Credit Agreement (Claires Stores Inc)
Litigation; Compliance with Laws. (a) There are no not any actions, suits or proceedings at law or in equity or by or before any Governmental Authority now pending or, to the knowledge of any Companythe Borrower, threatened against or affecting any Company Loan Park or any business, Property property or rights of any such Person (i) that involve any Loan Document or the Transactions or (ii) as to which there is a reasonable possibility likelihood of an adverse determination and that, if adversely determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 2 contracts
Samples: Conversion Notes Registration Rights Agreement (Schein Pharmaceutical Inc), Conversion Notes Registration Rights Agreement (Danbury Pharmacal Puerto Rico Inc)
Litigation; Compliance with Laws. (a) There are no actions (including regulatory actions), suits or proceedings at law or in equity by or before any Governmental Authority now pending or, to the knowledge Knowledge of any Companythe Borrower, threatened against or affecting any Company the Borrower or any business, Property property of the Borrower in any court or rights before any arbitrator of any such Person (i) that involve kind or before or by any Loan Document or the Transactions or (ii) as to which there is a reasonable possibility of an adverse determination and Governmental Authority that, if adversely determined, could reasonably be expected, individually or in the aggregate, could reasonably be expected to result in have a Material Adverse Effect.
Appears in 2 contracts
Samples: Credit Agreement (Allegheny Energy, Inc), Credit Agreement (Allegheny Energy, Inc)
Litigation; Compliance with Laws. (a) There are no actions, suits or proceedings at law or in equity by or before any Governmental Authority now pending in arbitration or, to the knowledge of the Borrowers, investigations by or on behalf of any CompanyGovernmental Authority now pending, or, to the knowledge of Holdings or the Borrowers, threatened in writing against or affecting Holdings or the Borrowers or any Company of the Subsidiaries or any business, Property property or rights of any such Person (i) that involve any Loan Document or the Transactions or (ii) as to person which there is a reasonable possibility of an adverse determination and that, if adversely determined, could would reasonably be expectedexpected to have, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Berry Global Group, Inc.), Revolving Credit Agreement (Berry Global Group Inc)
Litigation; Compliance with Laws. (a) There are no actionsAdverse Proceedings now pending, suits or proceedings at law or in equity by or before any Governmental Authority now pending or, to the knowledge of Holdings or any Companyother Loan Party, threatened in writing against or affecting Holdings, the Borrower or any Company of the subsidiaries or any business, Property property or rights of any such Person person (i) that involve any Loan Document or the Transactions or (ii) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could would reasonably be expectedexpected to have, individually or in the aggregate, to result in a Material Adverse EffectEffect or (ii) that challenge the validity or enforceability of any of the Loan Documents.
Appears in 2 contracts
Samples: Senior Secured Term Loan Agreement (Verso Corp), Joinder Agreement (Verso Corp)
Litigation; Compliance with Laws. (a) There are no actions, suits suits, investigations or proceedings at law or in equity or by or before on behalf of any Governmental Authority or in arbitration now pending oragainst, or to the knowledge of Holdings or the Company threatened in writing against, Holdings or the Company or any Company, threatened against or affecting any Company of the Restricted Subsidiaries or any business, Property property or rights of any such Person person (i) that involve any Loan Document or the Transactions or (ii) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could that would reasonably be expectedexpected to have, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 2 contracts
Samples: Credit Agreement (Edwards Group LTD), Credit Agreement (Edwards Group LTD)
Litigation; Compliance with Laws. (a) There are no actions, suits or proceedings at law or in equity by or before any Governmental Authority now pending or, to the knowledge of the Borrowers, investigations by or on behalf of any CompanyGovernmental Authority or in arbitration now pending, or, to the knowledge of Holdings or the Borrowers, threatened in writing against or affecting Holdings or the Borrowers or any Company of the Subsidiaries or any business, Property property or rights of any such Person (i) that involve any Loan Document or the Transactions or (ii) as to person which there is a reasonable possibility of an adverse determination and that, if adversely determined, could would reasonably be expectedexpected to have, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 2 contracts
Samples: Credit Agreement (Berry Plastics Group Inc), Revolving Credit Agreement (Berry Plastics Corp)
Litigation; Compliance with Laws. (a) There are no actions, suits or proceedings at law or in equity by or before any Governmental Authority now pending or, to the knowledge of any CompanyBorrower, threatened against or affecting Borrower or any Company or any business, Property or rights of any such Person (i) that involve challenge the enforceability or validity of any Loan Document or any of the Transactions or (ii) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 2 contracts
Samples: Credit Agreement (Express Parent LLC), Credit Agreement (Express Parent LLC)
Litigation; Compliance with Laws. (a) There a As of the Effective Date, there are no not any actions, suits or proceedings at law or in equity or by or before any Governmental Authority now pending or, to the knowledge of any the Company, threatened against or affecting the Company or any Company Subsidiary or any business, Property property or rights of any such Person person (i) that which involve any Loan Document or the Transactions or (ii) as to which there is a reasonable possibility of an adverse determination and thatwhich, if adversely determined, could reasonably be expectedcould, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 2 contracts
Samples: Conformed Copy (Cummins Engine Co Inc), Credit Agreement (Cummins Engine Co Inc)
Litigation; Compliance with Laws. (ai) There are no actions, suits or proceedings at law or in equity or by or before any Governmental Authority now pending or, to the knowledge of any Companyits knowledge, threatened against or affecting any Company or any business, Property or rights of any such Person it (i) that involve any Loan Document or in connection with the execution and delivery of the Transaction Documents and the consummation of the Transactions contemplated thereunder or (ii) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse EffectEffect with respect to it.
Appears in 2 contracts
Samples: Servicing Agreement and Transaction Documents and Waiver (Huntsman International LLC), Servicing Agreement (Huntsman International LLC)
Litigation; Compliance with Laws. (a) There Except as listed on Schedule 3.07, there are no actions, suits or proceedings at law or in equity by or before any Governmental Authority now pending or, to the knowledge of any Company, threatened against or affecting any Company or any business, Property or rights of any such Person (i) that involve any Loan Document or the Transactions or (ii) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 2 contracts
Samples: Control Agreement (Bearingpoint Inc), Credit Agreement (Bearingpoint Inc)
Litigation; Compliance with Laws. (a) There are no actions, suits or proceedings at law or in equity by or before any Governmental Authority now pending or, to the knowledge of any Company, threatened against or affecting any Company or any business, Property or rights of any such Person (i) that involve any Loan Document or the Transactions or (ii) Company as to which there is a reasonable possibility probability of an adverse determination and other than those that, in the aggregate, if adversely determined, could not reasonably be expected, individually or in the aggregate, expected to result in a Material Adverse Effect.
Appears in 2 contracts
Samples: Credit Agreement (Massey Energy Co), Credit Agreement (Massey Energy Co)
Litigation; Compliance with Laws. (a) There Except for the Disclosed Matters, there are no actions, suits or proceedings at law or in equity or by or before any Governmental Authority now pending or, to the knowledge of any Companythe Borrower, threatened against or affecting the Borrower or any Company Subsidiary or any business, Property property or rights of any such Person (i) that involve any Loan Document or the Transactions or (ii) person as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 1 contract
Samples: Credit Agreement (Itc Deltacom Inc)
Litigation; Compliance with Laws. (a) There are no actions, suits suits, investigations or proceedings at law or in equity or by or before on behalf of any Governmental Authority or in arbitration now pending oragainst, or to the knowledge of Holdings or the Borrower threatened in writing against, Holdings or the Borrower or any Company, threatened against or affecting any Company of the Restricted Subsidiaries or any business, Property property or rights of any such Person person (i) that involve any Loan Document or the Transactions or (ii) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could that would reasonably be expectedexpected to have, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 1 contract
Litigation; Compliance with Laws. (a) There are no not any actions, suits or proceedings at law or in equity equity, or by or before any Governmental Authority now pending or, to the knowledge of any Companythe Loan Parties, threatened against or affecting the Company or any Company Subsidiary or any business, Property property or rights of any such Person (i) that involve any Loan Document purport to affect the legality, validity or enforceability of this Agreement or the consummation of the 68 Transactions or (ii) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, that could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 1 contract
Samples: Credit Agreement (Laboratory Corp of America Holdings)
Litigation; Compliance with Laws. (a) There are no not any actions, suits or proceedings at law or in equity equity, or by or before any Governmental Authority now pending or, to the knowledge of any Companythe Borrower, threatened against or affecting the Borrower or any Company Subsidiary or any business, Property property or rights of any such Person (i) that involve any Loan Document purport to affect the legality, validity or enforceability of this Agreement or the consummation of the Transactions or (ii) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect.or
Appears in 1 contract
Samples: Credit Agreement (Laboratory Corp of America Holdings)
Litigation; Compliance with Laws. (a) There are no actions, suits or proceedings at law or in equity by or before any Governmental Authority now pending or, to the knowledge of any Company, threatened against or affecting any Company or any business, Property property or rights of any such Person Company (i) that involve any Loan Document or any of the Alcoa Acquisition Transactions or (ii) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 1 contract
Litigation; Compliance with Laws. (a) There are no actions, suits or proceedings at law or in equity or by or before any Governmental Authority now pending or, to the knowledge of any Companythe Borrower, threatened in writing against the Borrower or affecting any Company Restricted Subsidiary or any business, Property property or rights of any such Person (i) that involve any Loan Document or the Transactions or (ii) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could would reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 1 contract
Litigation; Compliance with Laws. (ai) There are no actions, suits or proceedings at law or in equity or by or before any Governmental Authority now pending or, to the knowledge of any Companyits knowledge, threatened against or affecting any Company it or any business, Property or rights of any such Person Significant Subsidiary (iA) that involve any Loan Related Document or the Transactions transactions contemplated thereby or (iiB) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could reasonably be expected, individually or in the aggregate, to result in a Servicer Material Adverse Effect.
Appears in 1 contract
Litigation; Compliance with Laws. (a) There a)There are no actions, suits or proceedings at law or in equity or by or before any Governmental Authority now pending (other than the CCM Proceeding) or, to the knowledge of any Xxxx Corp. or the Company, threatened against or affecting Xxxx Corp. or the Company or any Company Subsidiary or any business, Property property or rights of any such Person person (i) that involve any Loan Credit Document or the Transactions or (ii) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 1 contract
Samples: Letter of Credit Facility Agreement (Vistancia Marketing, LLC)
Litigation; Compliance with Laws. (ai) There are no actions, suits or proceedings at law or in equity or by or before any Governmental Authority now pending or, to the knowledge of any Companyits knowledge, threatened against or affecting it or any Company Subsidiary or any business, Property property or rights of any such Person (iA) that involve any Loan Transaction Document or the Transactions or (iiB) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could reasonably be expected, individually or in the aggregate, to result in a Servicer Material Adverse Effect.
Appears in 1 contract
Samples: Servicing Agreement (Lifestyle Furnishings International LTD)
Litigation; Compliance with Laws. (a) There are no actions, suits or proceedings at law or in equity by or before any Governmental Authority now pending or, to the knowledge of any Company, threatened against or affecting any Company or any business, Property property or rights of any such Person Company (i) that involve any Loan Document or any of the Fourth Amendment Transactions or (ii) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 1 contract
Litigation; Compliance with Laws. (a) There are no actions, suits or proceedings at law or in equity or by or before on behalf of any Governmental Authority or in arbitration now pending pending, or, to the knowledge of any Companythe Borrower, threatened in writing against or affecting any Company Group Member or any business, Property property or rights of any such Person (i) Group Member that involve any Loan Document have resulted, or the Transactions or (ii) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could reasonably be expectedcould, individually or in the aggregate, reasonably be expected to result result, in a Material Adverse Effect.
Appears in 1 contract
Samples: Credit Agreement (TravelCenters of America Inc. /MD/)
Litigation; Compliance with Laws. (a) There are no not any actions, suits or proceedings at law or in equity or by or before any Governmental Authority now pending or, to the knowledge of any CompanyPolypore, threatened against or affecting any Company Group Member or any business, Property property or rights of any such Person (i) that involve any Loan Document or the Transactions or (ii) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 1 contract
Litigation; Compliance with Laws. (a) There are no actions, suits or proceedings at law or in equity or by or before on behalf of any Governmental Authority or in arbitration now pending pending, or, to the knowledge of any Companythe Borrower, threatened in writing against or affecting the Borrower or any Company of the Restricted Subsidiaries or any business, Property property or rights of any such Person (i) that involve any Loan Document or the Transactions or (ii) as to person which there is a reasonable possibility of an adverse determination and that, if adversely determined, could would reasonably be expectedexpected to have, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 1 contract
Samples: Credit Agreement (Rexnord Corp)
Litigation; Compliance with Laws. (ai) There are no not any actions, suits or proceedings at law or in equity or by or before any Governmental Authority now pending or, to the knowledge of any the Company, threatened against or affecting any the Company or any business, Property property or rights of any such Person (i) that involve any Loan Document or the Transactions or (ii) as to which there is a reasonable possibility of Company, an adverse determination and that, if adversely determined, decision in which could reasonably be expected, individually or in the aggregate, expected to result in have a Material Adverse EffectEffect with respect to the Company.
Appears in 1 contract
Samples: Pooling Agreement (American Axle & Manufacturing Holdings Inc)
Litigation; Compliance with Laws. (ai) There are no actions, suits or proceedings at law or in equity or by or before any Governmental Authority now pending or, to the knowledge of any Companyits knowledge, threatened against or affecting any Company it or any business, Property or rights of any such Person Significant Subsidiary (iA) that involve any Loan Transaction Document or the Transactions or (iiB) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could reasonably be expected, individually or in the aggregate, to result in a Servicer Material Adverse Effect.
Appears in 1 contract
Litigation; Compliance with Laws. (a) There are no not any actions, suits or proceedings at law or in equity equity, or by or before any Governmental Authority now pending or, to the knowledge of any Companythe Loan Parties, threatened against or affecting the Company or any Company Subsidiary or any business, Property property or rights of any such Person (i) that involve any Loan Document purport to affect the legality, validity or enforceability of this Agreement or the consummation of the Transactions or (ii) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, that could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 1 contract
Samples: Credit Agreement (Laboratory Corp of America Holdings)
Litigation; Compliance with Laws. (a) There are no actions, suits or proceedings at law or in equity by or before any Governmental Authority now pending or, to the knowledge of any Company, threatened against or affecting any Company or any business, Property property or rights of any such Person Company (i) that involve any Loan Document or any of the Fifth Amendment Transactions or (ii) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 1 contract
Litigation; Compliance with Laws. (a) There Except for with the Cases, there are no actions, suits or proceedings (including related to Environmental Law) at law or in equity equity, or by or before on behalf of any Governmental Authority or in arbitration now pending pending, or, to the knowledge of any CompanyHoldings or the Borrower, threatened in writing against or affecting Holdings or the Borrower or any Company of the Subsidiaries or any business, Property property or rights of any such Person (i) that involve any Loan Document or the Transactions or (ii) as to person which there is a reasonable possibility of an adverse determination and that, if adversely determined, could would reasonably be expectedexpected to have, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 1 contract
Samples: Possession Credit Agreement (Verso Paper Holdings LLC)
Litigation; Compliance with Laws. (a) There are no actions, suits or proceedings at law or in equity or by or before any Governmental Authority now pending or, to the knowledge of any Companythe Borrower, threatened in writing against or affecting the Borrower or any Company Subsidiary or any business, Property property or rights of any such Person (i) that involve any Loan Document or the Transactions or (ii) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could that would reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 1 contract
Litigation; Compliance with Laws. (a) There are no actions, suits suits, investigations or proceedings at law or in equity or by or before on behalf of any Governmental Authority or in arbitration now pending pending, or, to the knowledge of any CompanyHoldings or the Borrower, threatened in writing against or affecting Holdings or the Borrower or any Company of the Subsidiaries or any business, Property property or rights of any such Person (i) that involve any Loan Document or the Transactions or (ii) as to person which there is a reasonable possibility of an adverse determination and that, if adversely determined, could would reasonably be expectedexpected to have, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 1 contract
Samples: Credit Agreement (Covalence Specialty Adhesives LLC)
Litigation; Compliance with Laws. (a) There are no actions, suits or proceedings at law or in equity or by or before any Governmental Authority now pending or, to the knowledge of any Companythe Borrower, threatened against or affecting the Borrower or any Company Subsidiary or any business, Property property or rights of any such Person person (i) that which involve any Loan Document or the Transactions or (ii) as to which there is a reasonable possibility of an adverse determination and thatwhich, if adversely determined, could reasonably be expectedcould, individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect.
Appears in 1 contract
Samples: Credit Agreement (Kuhlman Corp)
Litigation; Compliance with Laws. (a) There are no not any actions, suits or proceedings at law or in equity or by or before any Governmental Authority now pending or, to the knowledge of any CompanyHoldings or Polypore, threatened against or affecting any Company Group Member or any business, Property property or rights of any such Person (i) that involve any Loan Document or the Transactions or (ii) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 1 contract
Samples: Credit Agreement (Polypore, Inc.)
Litigation; Compliance with Laws. (a) There are no actions, suits or proceedings at law or in equity by or before any Governmental Authority now pending or, to the knowledge of any Companythe Borrower, threatened against or affecting any Company the Borrower or Holdings or any business, Property property or rights of any such Person the Borrower or Holdings (i) that involve any Loan Document or the Transactions or (ii) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, that could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 1 contract
Litigation; Compliance with Laws. (a) There are no actions, suits or proceedings at law or in equity by or before any Governmental Authority now pending or, to the knowledge of any Company, threatened against or affecting any Company or any business, Property property or rights of any such Person person (i) that involve any Loan Document or any of the Amendment Transactions or (ii) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 1 contract
Litigation; Compliance with Laws. (a) There are no not any actions, suits or proceedings at law or in equity or by or before any Governmental Authority now pending or, to the knowledge of any Companythe Borrower, threatened against or affecting the Borrower or any Company Subsidiary or any business, Property property or rights of any such Person person (i) that which involve any Loan Document or the Transactions or (ii) as to which there is a reasonable possibility of an adverse determination and thatwhich, if adversely determined, could reasonably be expectedcould, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 1 contract
Samples: Credit Agreement (Tredegar Corp)
Litigation; Compliance with Laws. (a) There are no actions, suits or proceedings at law or in equity by or before any Governmental Authority now pending or, to the knowledge of a Responsible Officer of any Company, threatened against or affecting any Company or any business, Property or rights of any such Person (i) that involve any Loan Document or the Transactions or (ii) Company as to which there is a reasonable possibility probability of an adverse determination and other than those that, in the aggregate, if adversely determined, could not reasonably be expected, individually or in the aggregate, expected to result in a Material Adverse Effect.
Appears in 1 contract
Samples: Credit Agreement (Massey Energy Co)