Common use of Litigation; Compliance with Laws Clause in Contracts

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.09, 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 Holdings or the Borrower, threatened against or affecting Holdings or the Borrower or any Subsidiary 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 14 contracts

Samples: First Lien Credit Agreement (STR Holdings LLC), First Lien Guarantee and Collateral Agreement (STR Holdings (New) LLC), Second Lien Credit Agreement (STR Holdings LLC)

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Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.09, 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 Holdings or the Borrower, threatened against or affecting Holdings or the Borrower or any Subsidiary 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 (Ryan's Restaurant Leasing Company, LLC), Credit Agreement (Buffets Holdings, Inc.), Credit Agreement (Buffets Inc)

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.09, 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 Holdings or the Borrower, threatened against or affecting Holdings or the Borrower or Borrower, any Subsidiary 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: First Lien Credit Agreement (Atp Oil & Gas Corp), Second Lien Credit Agreement (Atp Oil & Gas Corp), Credit Agreement (Atp Oil & Gas Corp)

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.09, there are no actions, suits suits, investigations or proceedings at law or in equity or by or before any Governmental Authority now pending or, to the knowledge of Holdings or the BorrowerBorrowers, threatened in writing against or affecting Holdings or the Borrower or any Subsidiary Restricted Subsidiary, 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: Security Agreement (Houghton Mifflin Harcourt Co), Security Agreement (Houghton Mifflin Harcourt Co), Revolving Credit Agreement (Houghton Mifflin Harcourt Co)

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.09, 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 Holdings or the Borrower, threatened against or affecting Holdings or the Borrower or any Subsidiary 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 6 contracts

Samples: Credit Agreement (Alion Science & Technology Corp), Credit Agreement (Alion Science & Technology Corp), Credit Agreement (Sun Healthcare Group Inc)

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.093.07, 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 Holdings or the Borrower, threatened against or affecting Holdings or the Borrower or any Subsidiary or any business, property or rights of any such 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 5 contracts

Samples: www.sec.gov, Raytheon Co/, Credit Agreement (He Holdings Inc)

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.093.9, 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 Holdings or the Borrower, threatened against or affecting Holdings or Holdings, the Borrower or Borrower, any Subsidiary 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 5 contracts

Samples: Credit Agreement (Daramic, LLC), Credit Agreement (Polypore International, Inc.), Credit Agreement (Polypore International, Inc.)

Litigation; Compliance with Laws. (a) Except as set forth on in Schedule 3.09, 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 Holdings or either of the BorrowerBorrowers, threatened against or affecting Holdings or either of the Borrower Borrowers or any Subsidiary or any business, property or rights of any such 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 4 contracts

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

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.09, 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 Holdings or the Borrower, threatened against or affecting Holdings or the Borrower or any Subsidiary or any business, 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 (Spectrum Brands, Inc.), Credit Agreement (Spectrum Brands, Inc.), Credit Agreement (Rentech Inc /Co/)

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.09, there There are no actions, suits or proceedings at law or in equity or by or before any arbitrator or Governmental Authority now pending or, to the knowledge of Holdings or the Borrower, threatened against or affecting Holdings or Holdings, the Borrower or any Subsidiary or any business, property or rights of any such person (i) that involve any Loan Document or the Transactions or (ii) except as set forth on Schedule 3.09, 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 (True Temper Sports PRC Holdings Inc), Credit Agreement (True Temper Sports Inc), Second Lien Credit Agreement (True Temper Sports Inc)

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.09, 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 Holdings or the Borrower, threatened against or affecting Holdings or the Borrower or any Subsidiary or any business, 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 3 contracts

Samples: Credit Agreement (Oscar Health, Inc.), Credit Agreement (Oscar Health, Inc.), Credit Agreement (Allegiant Travel CO)

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.093.09 or Schedule 3.17, 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 Holdings the Borrower or the Borrowerany Subsidiary, threatened against or affecting Holdings or the Borrower or Borrower, any Subsidiary 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 3 contracts

Samples: Credit Agreement (Sola International Inc), Landlord Access Agreement (Sola International Inc), Credit Agreement (Sola International Inc)

Litigation; Compliance with Laws. (a) Except as set forth on in Schedule 3.09, 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 Holdings or the Borrower, threatened against or affecting Holdings or the Borrower or Borrower, any Subsidiary other Loan Party or any business, property or rights of the Borrower or any such person other Loan Party (i) that which involve any Loan Document or the Transactions transactions contemplated by this Agreement or (ii) as to which there is a reasonable possibility of an adverse determination and thatwhich, if adversely determined, could be reasonably be expectedexpected to result, individually or in the aggregate, to result in a Material Adverse Effect.

Appears in 3 contracts

Samples: Intercreditor and Trust Agreement (Star Gas Partners Lp), Debt Credit Agreement (Star Gas Partners Lp), Intercreditor and Trust Agreement (Star Gas Partners Lp)

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.09, 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 Holdings Citadel or the Borrower, threatened against or affecting Holdings Citadel or the Borrower or any Subsidiary 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 3 contracts

Samples: Credit Agreement (Citadel Communications Corp), Credit Agreement (Citadel Communications Corp), Credit Agreement (Citadel Communications Corp)

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.09, 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 Holdings or the Borrower, threatened against or affecting Holdings or the Borrower or any Restricted Subsidiary or any business, 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 3 contracts

Samples: Blocked Account Control Agreement (Community Choice Financial Inc.), Revolving Credit Agreement (Reliant Software, Inc.), Revolving Credit Agreement (Community Choice Financial Inc.)

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.09, 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 Holdings Allied Waste or the Borrower, threatened against or affecting Holdings or any member of the Borrower or any Subsidiary Allied Group or any business, property or rights of any such person member (i) that involve any Loan Document or any of 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 have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Allied Waste Industries Inc), Credit Agreement (Allied Waste Industries Inc), Credit Agreement (Allied Waste Industries Inc)

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.093.09 hereof, there are no not any actions, suits or proceedings at law Law or in equity or by or before any Governmental Authority now pending or, to the knowledge of Holdings or the Borrower, threatened against or affecting Holdings or the Borrower or any Subsidiary of the Borrower or any business, 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 (On Command Corp), Credit Agreement (On Command Corp)

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.09, 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 Holdings Allied or the Borrower, threatened against or affecting Holdings Allied or the Borrower or any Subsidiary 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: Credit Agreement (Allied Waste Industries Inc), Credit Agreement (Allied Waste Industries Inc)

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.094.07, on and as of the Closing 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 Holdings or the Borrower, threatened against or affecting Holdings or the Borrower or any Subsidiary or any business, property or rights of any such 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 would reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Raytheon Co/), Credit Agreement (Raytheon Co/)

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.09, 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 Holdings or the Borrower, threatened against or affecting Holdings or Holdings, the Borrower or Borrower, any Subsidiary 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: Credit Agreement (Transdigm Inc), Credit Agreement (Marathon Power Technologies Co)

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.09, there are no actions, investigations, suits or proceedings at law or in equity or by or before any Governmental Authority now pending or, to the knowledge of Holdings or the Borrower, threatened against or affecting Holdings or the Borrower or any Subsidiary or any business, 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 2 contracts

Samples: Credit Agreement (Hawaiian Telcom Holdco, Inc.), Guarantee and Collateral Agreement (Hawaiian Telcom Holdco, Inc.)

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.093.07, on and as of the Closing 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 Holdings or the Borrower, threatened against or affecting Holdings or the Borrower or any Subsidiary or any business, property or rights of any such 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 (Raytheon Co/), Raytheon Co/

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.09, there There are no actions, investigations, suits or proceedings at law or in equity or by or before any arbitrator or Governmental Authority now pending or, to the knowledge of Holdings or the Borrower, threatened against or affecting Holdings or the Borrower or any Subsidiary or any business, property or rights of any such person Person (i) that involve any Loan Document or the Transactions or (ii) except as set forth on Schedule 3.09, 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 (Affirmative Insurance Holdings Inc), Intellectual Property Security Agreement (Affirmative Insurance Holdings Inc)

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.093.9, there are no not any actions, suits or proceedings at law Law or in equity or by or before any Governmental Authority now pending or, to the knowledge of Holdings or the Borrower, threatened against or affecting Holdings or the Borrower or any Subsidiary of the Borrower or any business, 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 (On Command Corp), Credit Agreement (On Command Corp)

Litigation; Compliance with Laws. (a) Except as set forth on in Schedule 3.09, 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 Holdings or the Borrower, threatened against or affecting Holdings or the Borrower or any Subsidiary or any business, property or rights of any such 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: Credit Agreement (Ethan Allen Interiors Inc), Credit Agreement (Allen Ethan Interiors Inc)

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.09, 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 Holdings or the Parent Borrower, threatened against or affecting Holdings or the any Borrower or any Subsidiary 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 probability 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 (Magellan Health Services Inc), Credit Agreement (Magellan Health Services Inc)

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.09, 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 Holdings or the Parent Borrower, threatened against or affecting Holdings or the any Borrower or any Subsidiary 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 probability 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 (Magellan Health Services Inc), Credit Agreement (Magellan Health Services Inc)

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.093.09 or Schedule 3.17, 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 Holdings or the Borrower, threatened against or affecting Holdings or the Borrower or any 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 2 contracts

Samples: Credit Agreement (Applied Power Inc), Credit Agreement (Actuant Corp)

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.093.09(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 Holdings or the Borrower, threatened against or affecting Holdings or the Borrower or any Subsidiary or any business, 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 2 contracts

Samples: Credit Agreement (Neenah Foundry Co), Credit Agreement (Hartley Controls Corp)

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.09, 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 Holdings Allied Waste or the Borrower, threatened against or affecting Holdings or any member of the Borrower or any Subsidiary Allied Group or any business, property or rights of any such person member (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, after giving effect to result in the Transactions, to have a Material Adverse Effect.

Appears in 1 contract

Samples: Execution Copy (Allied Waste Industries Inc)

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.09, there are no actions, suits or proceedings at law or in equity or by or before any Governmental Authority now pending or, to the actual knowledge of Holdings or the Borrower, threatened against or affecting Holdings or Holdings, the Borrower or any Subsidiary 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 1 contract

Samples: Credit Agreement (St Louis Riverboat Entertainment Inc)

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.09, 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 Holdings or the Borrower, threatened against or affecting Holdings or the Borrower Borrower, the Acquired Business or any Subsidiary of the Subsidiaries 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 1 contract

Samples: Credit Agreement (Morrison Knudsen Corp//)

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Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.093.09(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 Holdings or the Borrower, threatened against or affecting Holdings or the Borrower or any Subsidiary or any business, 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 thatwhich, if adversely determined, could reasonably be expectedexpected to result, individually or in the aggregate, to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Arm Financial Group Inc)

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.09, 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 Holdings or the any Borrower, threatened against or affecting Holdings or the any Borrower or any Subsidiary 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 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 1 contract

Samples: Credit Agreement (Lifestyle Furnishings International LTD)

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.09, there 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 Holdings the Parent or the Borrower, threatened against or affecting Holdings or the Parent, the Borrower or any Subsidiary or any business, property or rights of any such person (i) that involve purport to affect or pertain to any Loan Document or the Transactions or (ii) except as set forth on Schedule 3.09, 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 (Geokinetics Inc)

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.09, there are no not any actions, suits or proceedings at law or in equity or by or before any Governmental 46 41 Authority now pending or, to the knowledge of Holdings or the Borrower, threatened against or affecting Holdings or the Borrower or any Subsidiary 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 1 contract

Samples: Acl Capital Corp

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.09, 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 Holdings or the Borrower, threatened against or affecting Holdings or the Borrower or any Restricted Subsidiary or any business, 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 70 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: Revolving Credit Agreement (Pacific Drilling S.A.)

Litigation; Compliance with Laws. (a) Except i)Except as set forth on Schedule 3.09, 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 Holdings or the Borrower, threatened against or affecting Holdings or the Borrower or any Subsidiary or any business, 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 1 contract

Samples: Credit Agreement (Rentech Inc /Co/)

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.09, 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 Holdings or the Borrower, threatened against or affecting Holdings or the Borrower, any Subsidiary of the Borrower or any Subsidiary or any business, 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 1 contract

Samples: Loan Agreement (TransDigm Group INC)

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.093.09 or Schedule 3.17, 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 Holdings or the Borrower, threatened against or affecting Holdings or the Borrower or any Subsidiary 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 1 contract

Samples: Credit Agreement (Fairchild Semiconductor International Inc)

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.09, there are no actions, investigations, suits or proceedings at law or in equity or by or before any Governmental Authority now pending or, to the knowledge of Holdings or the Borrower, threatened against or affecting Holdings or the Borrower or any Subsidiary or any business, 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 1 contract

Samples: Credit Agreement (Hawaiian Telcom Holdco, Inc.)

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.09, 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 Holdings or the either Borrower, threatened in writing against or affecting Holdings or the Borrower or Holdings, any Subsidiary 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 1 contract

Samples: Credit Agreement (Sensus Metering Systems Inc)

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.09, 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 Holdings or the Borrower, threatened against or affecting Holdings or the Borrower or any Subsidiary 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 1 contract

Samples: Credit Agreement (Interactive Media Corp)

Litigation; Compliance with Laws. (a) Except as set forth on in Schedule 3.093.07, 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 Holdings or the Borrower, threatened against or affecting Holdings or the Borrower or any Restricted Subsidiary or any business, property or rights of any such person (i) that expressly 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 determinedin either case, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Pacificorp /Or/)

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.094.9(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 Holdings or the BorrowerCompany, threatened against or affecting Holdings or the Borrower Company or any Subsidiary or any business, 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 1 contract

Samples: Senior Note Purchase Agreement (Neenah Foundry Co)

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.09, 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 Holdings or the Borrower, threatened against or affecting Holdings or the Borrower or any Subsidiary or any business, property or rights of any such person (i) that involve any Loan Document or the Restatement 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 (Ryder TRS Inc)

Litigation; Compliance with Laws. (a) Except as set forth on Schedule SCHEDULE 3.09, 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 Holdings or the Borrower, threatened against or affecting Holdings or the Borrower or any Subsidiary 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 1 contract

Samples: First Lien Credit Agreement (Pacific Energy Resources LTD)

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.09, 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 Holdings or the Borrower, threatened against or affecting Holdings or the Borrower or any Restricted Subsidiary 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 1 contract

Samples: Credit Agreement (Rotech Healthcare Inc)

Litigation; Compliance with Laws. (a) Except as set forth on in Schedule 3.093.08(a), there are no actions, suits or proceedings at law or in equity or by or before any Governmental Authority or in any arbitration or other alternative dispute resolution proceeding now pending or, to the knowledge of Holdings or the Borrowerany Company, threatened against or affecting Holdings or the Borrower or any Subsidiary Company or any business, property or rights of any such person Company (i) that involve any Loan Document or any of 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 1 contract

Samples: Credit Agreement (Ionics Inc)

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.09, 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 Holdings or the Borrower, threatened against or affecting Holdings or the Borrower or any Subsidiary or any business, property property, assets 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 expectedcould, individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Westinghouse Air Brake Co /De/)

Litigation; Compliance with Laws. (a) Except as set forth on in -------------------------------- Schedule 3.093.9, 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 Holdings or the Borrower, threatened against or affecting Holdings or the Borrower or any Subsidiary or any business, property or rights of any such 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 (Birner Dental Management Services Inc)

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.094.07, on and as of the Closing 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 Holdings or the Borrower, threatened against or affecting Holdings or the Borrower or any Subsidiary or any business, property or rights of any such 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 1 contract

Samples: Credit Agreement (Raytheon Co/)

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.09, 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 Holdings or the Borrower, threatened in writing against or affecting Holdings or the Parent, the Borrower or any Subsidiary or any business, 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 1 contract

Samples: Credit Agreement (Boxed, Inc.)

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