Litigation; Default. There are no claims, actions, suits, investigations or proceedings against ELS ESI pending or, to the Knowledge of ELS ESI, threatened in any court or before or by any Governmental Authority, or before any arbitrator, other than worker’s compensation claims that are covered by ELS ESI’s self insurance arrangement.
Litigation; Default. There are no claims, actions, suits, investigations or proceedings against such Constituent Company pending or, to the Knowledge of such Constituent Company, threatened in any court or before or by any Governmental Authority, or before any arbitrator, other than worker’s compensation claims that are covered by such Constituent Company’s self insurance arrangement.
Litigation; Default. Any litigation is filed against the Borrower or any Guarantor which has caused or could reasonably be expected to cause a Material Adverse Change and such litigation is not withdrawn or dismissed within thirty (30) calendar days of the filing thereof.
Litigation; Default. Except as disclosed in Schedule 3.15, there are no claims, actions, suits, investigations or proceedings against any Company pending or, to the Knowledge of the Shareholders, threatened in any court or before or by any Governmental Authority, or before any arbitrator, other than worker’s compensation claims that are covered by a Company’s self insurance arrangement.
Litigation; Default. There is no lawsuit, Tax claim or other dispute pending or threatened against the Partnership, which, if lost, would impair the Partnership’s financial condition or ability to satisfy its payment and performance obligations hereunder. The Partnership possesses all permits, memberships, franchises, contracts and licenses required and all trademark rights, trade name rights and fictitious name rights necessary to enable Partnership to conduct the business in which it is now engaged. The Partnership is not in default on any obligation for borrowed money, any purchase money obligation or any other material lease, commitment, contract, instrument or obligation.
Litigation; Default. There is no lawsuit, tax claim or other dispute pending or, to the knowledge of the Company, threatened against the Company, which, if lost, would impair the Company’s financial condition or ability to satisfy its obligations hereunder. The Company possesses all permits, memberships, franchises, contracts and licenses required and all trademark rights, trade name rights and fictitious name rights necessary to enable the Company to conduct the business in which it is now engaged. The Company is not in default on any obligation for borrowed money, any purchase money obligation or any other material lease, commitment, contract, instrument or obligation.
Litigation; Default. There are no claims, actions, suits, investigations or proceedings against Diversified pending or, to the Knowledge of Diversified, threatened in any court or before or by any Governmental Authority, or before any arbitrator, other than worker’s compensation claims that are covered by Diversified’s self insurance arrangement.
Litigation; Default. Except as otherwise set forth in SCHEDULE 3.06, there are no claims, actions, suits, investigations or proceedings against the Seller pending or, to the Knowledge of the Seller, threatened in any court or before or by any Governmental Authority, or before any arbitrator, that might have an adverse effect (whether covered by insurance or not) on the Business, the Assets, or the operations or prospects of the Business and, to the Knowledge of the Seller, there is no basis for any such claim, action, suit, investigation or proceeding that is likely to result in a judgment, decree or order having an adverse effect on the Business, the Assets, the operations, or the prospects of the Business.
Litigation; Default. There are no claims, actions, suits, investigations or proceedings against the Company pending or, to the Knowledge of the Company, threatened in any court or before or by any Governmental Authority, or before any arbitrator, that might have an adverse effect (whether covered by insurance or not) on the business, operations, prospects, Properties, securities or financial condition of the Company and, to the Knowledge of the Company, there is no basis for any such claim, action, suit, investigation or proceeding. Except as set forth in the Disclosures, the Company is not in default under, and no condition exists (whether covered by insurance or not) that with or without notice or lapse of time or both would (i) constitute a default by Seller or the Company under, or breach or violation of, any Legal Requirement, Permit or Contract applicable to the Company, or (ii) accelerate or permit the acceleration of the performance required under, or give any other party the right to terminate, any Contract applicable to the Company, other than defaults, breaches, violations or accelerations that would not have an adverse effect on the business, operations, prospects, Properties, securities or financial condition of the Company.
Litigation; Default. There are no claims, actions, suits, investigations or proceedings against Mandalay pending or, to the Knowledge of Mandalay, threatened in any court or before or by any Governmental Authority, or before any arbitrator, other than worker’s compensation claims that are covered by Mandalay’s self insurance arrangement.
