Common use of Litigation; Loss Contingencies and Violations Clause in Contracts

Litigation; Loss Contingencies and Violations. Except as set forth in Schedule 6.7 to this Agreement, which lists all pending litigation involving individual claims against the Borrowers or any of their Subsidiaries of more than $1,000,000, there is no action, suit, proceeding, arbitration or (to the Borrowers' knowledge) investigation before or by any Governmental Authority or private arbitrator pending or, to the Borrowers' knowledge, threatened against the Borrowers or any of their respective Subsidiaries or any property of any of them which will have or could reasonably be expected to have a Material Adverse Effect. There is no material loss contingency within the meaning of Agreement Accounting Principles which has not been reflected in the consolidated financial statements of the Borrowers prepared and delivered pursuant to Section 7.1(A) for the fiscal period during which such material loss contingency was incurred. Neither the Borrowers nor any of their respective Subsidiaries is (A) in violation of any applicable Requirements of Law which violation will have or could reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect, or (B) subject to or in default with respect to any final judgment, writ, injunction, restraining order or order of any nature, decree, rule or regulation of any court or Governmental Authority which will have or could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Marsh Supermarkets Inc), Credit Agreement (Marsh Supermarkets Inc), Credit Agreement (Marsh Supermarkets Inc)

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Litigation; Loss Contingencies and Violations. Except as set forth in Schedule 6.7 to this Agreement, which lists all pending litigation involving individual claims against the Borrowers Borrower or any of their its Subsidiaries of more than $1,000,000500,000, there is no action, suit, proceeding, arbitration or (to the Borrowers' Borrower's knowledge) investigation before or by any Governmental Authority or private arbitrator pending or, to the Borrowers' Borrower's knowledge, threatened against the Borrowers Borrower or any of their respective its Subsidiaries or any property of any of them which will have or could reasonably be expected to have a Material Adverse Effect. There is no material loss contingency within the meaning of Agreement Accounting Principles which has not been reflected in the consolidated financial statements of the Borrowers Borrower prepared and delivered pursuant to Section 7.1(A) for the fiscal period during which such material loss contingency was incurred. Neither the Borrowers Borrower nor any of their respective its Subsidiaries is (A) in violation of any applicable Requirements of Law which violation will have or could reasonably be expected to have, individually or in the aggregate, have a Material Adverse Effect, or (B) subject to or in default with respect to any final judgment, writ, injunction, restraining order or order of any nature, decree, rule or regulation of any court or Governmental Authority which will have or could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

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

Litigation; Loss Contingencies and Violations. Except as set forth in Schedule 6.7 to this AgreementThere are no actions, which lists all pending litigation involving individual claims against the Borrowers or any of their Subsidiaries of more than $1,000,000suits, there is no actionproceedings, suitarbitrations or, proceeding, arbitration or (to the Borrowers' knowledge) investigation knowledge of any member of any Borrower’s Senior Management Team, investigations before or by any Governmental Authority or private arbitrator pending or, to the Borrowers' knowledgeknowledge of any member of any Borrower’s Senior Management Team, threatened against the Borrowers or Company, any of their respective its Subsidiaries or any property of any of them which will have that (i) challenges the validity or the enforceability of any material provision of the Loan Documents or (ii) has had or could reasonably be expected to have a Material Adverse EffectEffect (other than as set forth on Schedule 3.07). There is no material loss contingency within the meaning of Agreement Accounting Principles GAAP which has not been reflected in the consolidated financial statements of the Borrowers Company prepared and delivered pursuant to Section 7.1(A5.01(a) for the fiscal period during which such material loss contingency was incurred. Neither the Borrowers Company nor any of their respective its Subsidiaries is (A) in violation of any applicable Requirements of Law which violation will have or could reasonably be expected to have, individually or in the aggregate, have a Material Adverse Effect, or (B) subject to or in default with respect to any final judgment, writ, injunction, restraining order or order of any nature, decree, rule or regulation of any court or Governmental Authority which will have or could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (EDGEWELL PERSONAL CARE Co), Credit Agreement (EDGEWELL PERSONAL CARE Co)

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Litigation; Loss Contingencies and Violations. Except as set forth in Schedule SCHEDULE 6.7 to this Agreement, which lists all pending litigation involving individual claims against the Borrowers or any of their Subsidiaries of more than $1,000,000, there is no action, suit, proceeding, arbitration or (to the Borrowers' Borrower's knowledge) investigation before or by any Governmental Authority or private arbitrator pending or, to the Borrowers' Borrower's knowledge, threatened against the Borrowers Borrower or any of their respective its Subsidiaries or any property of any of them (i) challenging the validity or the enforceability of any material provision of the Transaction Documents or (ii) which will have or could reasonably be expected to have a Material Adverse Effect. There is no material loss contingency within the meaning of Agreement Accounting Principles which has not been reflected in the consolidated financial statements of the Borrowers Borrower prepared and delivered pursuant to Section SECTION 7.1(A) for the fiscal period during which such material loss contingency was incurred. Neither the Borrowers Borrower nor any of their respective its Subsidiaries is (A) in violation of any applicable Requirements of Law which violation will have or could reasonably be expected to have, individually or in the aggregate, have a Material Adverse Effect, or (B) subject to or in default with respect to any final judgment, writ, injunction, restraining order or order of any nature, decree, rule or regulation of any court or Governmental Authority which will have or could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Ifr Systems Inc)

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