Litigation; Decrees. Schedule 3.02(j) sets forth a list of certain lawsuits, claims, actions, investigations and proceedings. Except as set forth in Schedule 3.02(j), there is no suit, claim, action, investigation or proceeding pending or, to the knowledge of Hexcel or any of its Subsidiaries, threatened against Hexcel or any of its Subsidiaries that (i) if adversely determined would, individually or in the aggregate, be reasonably likely to result in an Hexcel Material Adverse Effect, (ii) in any manner challenges or seeks to enjoin, prevent, alter or materially delay the transactions contemplated hereby or (iii) alleges criminal action or inaction. Except as set forth on Schedule 3.02(j), neither Hexcel nor any of its Subsidiaries is subject to any judgment, order, injunction, rule, decree, writ, determination or award of any Governmental Entity or arbitrator having, or which, individually or in the aggregate, have or would reasonably be expected to have, a Hexcel Material Adverse Effect or which would prevent, alter or materially delay the transactions contemplated hereby.
Appears in 3 contracts
Samples: Strategic Alliance Agreement (Hexcel Corp /De/), Strategic Alliance Agreement (Ciba Geigy LTD), Strategic Alliance Agreement (Ciba Geigy Corp)
Litigation; Decrees. Schedule 3.02(j3.01(e) sets forth a list of certain lawsuits, claims, actions, investigations and proceedings. Except as set forth in Schedule 3.02(j3.01(e), there is no suit, claim, action, investigation or proceeding pending or, to the knowledge of Hexcel Ciba or any of its Subsidiaries, threatened against Hexcel Ciba or any of its Subsidiaries that (i) if adversely determined would, individually or in the aggregate, be reasonably likely to result in an Hexcel a Material Adverse Effect, (ii) in any manner challenges or seeks to enjoin, prevent, alter or materially delay the transactions contemplated hereby or (iii) alleges criminal action or inactioninaction with respect to the Transferred Business, the Acquired Assets or the Deferred Assets. Except as set forth on Schedule 3.02(j), neither Hexcel Neither Ciba nor any of its Subsidiaries is bound by or subject to any judgment, order, injunction, rule, decree, writ, determination or award of any Governmental Entity or arbitrator having, or which, individually or in the aggregate, have or would reasonably be expected to have, a Hexcel Material Adverse Effect or which would prevent, alter or materially delay the transactions contemplated hereby.
Appears in 3 contracts
Samples: Strategic Alliance Agreement (Hexcel Corp /De/), Strategic Alliance Agreement (Ciba Geigy LTD), Strategic Alliance Agreement (Ciba Geigy Corp)