Litigation; No Default Sample Clauses

Litigation; No Default. Except as set forth on Schedule 3(h), there are no claims, actions, suits, investigations or proceedings pending against or affecting or, to the knowledge of the Corporation, threatened against the Corporation, any of its Subsidiaries or any of its or their respective officers or employees (in their capacities as such) or its or their respective businesses, properties or assets, or the transactions contemplated by this Agreement and the Ancillary Documents, by any person, governmental body or agency or by any securities exchange or national securities association, nor is there any basis known to the Corporation for any such action, suit, investigation or proceeding, which is reasonably likely, if adversely decided, to have a material adverse effect on the business, assets, financial conditions or results of operations of the Corporation and its Subsidiaries taken as a whole. There is not in existence any order, judgment or decree of any court, governmental authority or agency or arbitration board or tribunal enjoining the Corporation or any Subsidiary from taking, or requiring the Corporation or any Subsidiary to take, action of any kind with respect to the business of the Corporation or such Subsidiary. Neither the Corporation nor any Subsidiary is in violation of any laws or governmental rules or regulations except where such violation would not have a material adverse effect on the business, assets, financial conditions or results of operations of the Corporation and its Subsidiaries taken as a whole. Neither the Corporation nor any of its Subsidiaries is in default under any contract or commitment to which it is a party or by which its assets are bound, which default would have a material adverse effect on the business, assets, financial conditions or results of operations of the Corporation and its subsidiaries taken as a whole.
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Litigation; No Default. Except as set forth on Schedule 3(f), there are no claims, actions, suits, arbitrations, investigations or proceedings pending, or to the Knowledge of the Company threatened, against, relating to or affecting the Company, any Subsidiary or any of their respective officers or employees (in their capacities as such) or any of their respective businesses, properties or assets, or the transactions contemplated by this Agreement and the other Transaction Documents, by any Governmental Authority, except as would not have a Material Adverse Effect if decided adversely to the Company or any of the Subsidiaries. There is not in existence any order, judgment or decree of any court, Governmental Authority enjoining the Company or any Subsidiary from taking, or requiring the Company or any Subsidiary to take, action of any kind with respect to the business of the Company or such Subsidiary. Neither the Company nor any Subsidiary is in violation of any laws or governmental rules or regulations applicable to the Company or such Subsidiary, or their respective businesses or properties, except as would not have a Material Adverse Effect. For purposes hereof, “Governmental Authorities” means the government of the United States or any other nation, or any political subdivision thereof, whether state, provincial or local, or any agency, authority, instrumentality, regulatory body, court, central bank, arbitration board, or tribunal or other entity exercising executive, legislative, judicial, taxing, regulatory or administration powers or functions of or pertaining to government, or any self-regulatory authority.
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Litigation; No Default. (a) There is no judgment, action, investigation, claim, complaint, notice of violation, injunction, order, decree, directive, action, suit, arbitration or proceeding or labor disputes pending or, to such Loan Party's Best Knowledge, threatened pursuant to written notification in any court or before or by any Governmental Authority, arbitrator, board or authority (i) against or affecting such Loan Party, any of its Subsidiaries, any Project or any Collateral involving any claim in any amount or (ii) involving the validity, enforceability or priority of any Operative Document at law or in equity.
Sample 1
Litigation; No Default. Except as set forth on Schedule 3(e), there are no material claims, actions, suits, arbitrations, investigations or proceedings pending against or threatened against the Company, or any of their respective officers or employees (in their capacities as such) or their businesses, properties or assets, or the transactions contemplated by this Agreement or the Purchaser Transaction Documents, by any Person, or by any securities exchange or national securities association. There is not in existence any order, judgment or decree of any court, governmental authority or agency or arbitration board or tribunal enjoining the Company from taking, or requiring the Company to take, action of any kind with respect to the business of the Company. The Company is not in violation of any laws or governmental rules or regulations applicable to the Company or its respective businesses or properties.
Sample 1
Litigation; No Default. Except as set forth on Schedule 3.8, there are no claims, actions, suits, investigations or proceedings pending against or, to the knowledge of the Corporation, threatened against the Corporation or any of its officers or employees (in their capacities as such) or its businesses, properties or assets, or the transactions contemplated by this Agreement and the Ancillary Documents, by any person, governmental body or agency or by any securities exchange or national securities association, nor is there any basis known to the Corporation for any such action, suit, investigation or proceeding. There is not in existence any order, judgment or decree of any court, governmental authority or agency or arbitration board or tribunal enjoining the Corporation from taking, or requiring the Corporation to take, action of any kind with respect to the business of the Corporation. To the Corporation's knowledge, the Corporation is not in violation of any laws or governmental rules or regulations except where such violation would not have a material adverse effect on the business, assets, financial conditions or results of operations of the Corporation taken as a whole. To the Corporation's knowledge, the Corporation is not in default under any contract or commitment to which it is a party or by which its assets are bound, which default would have a material adverse effect on the business, assets, financial conditions or results of operations of the Corporation and its subsidiaries taken as a whole.
Sample 1
Litigation; No Default. (a) There is no judgment, action, investigation, claim, complaint, notice of violation, injunction, order, decree, directive, action, suit, arbitration or proceeding or labor dispute pending or threatened either pursuant to written notification or to the Knowledge of Company or any Company Subsidiary in any court or before or by any Governmental Entity, arbitrator, board or authority against or affecting the Company or any Company Subsidiary; and
Sample 1
Litigation; No Default. (a) Except as set forth in Section 4.08 of the Parent Disclosure Schedule, there is no judgment, action, investigation, claim, complaint, notice of violation, injunction, order, decree, directive, action, suit, arbitration or proceeding or labor dispute pending or threatened either pursuant to written notification or to the Knowledge of Parent, Merger Sub or Parent Subsidiary in any court or before or by any Governmental Entity, arbitrator, board or authority against or affecting Parent or Merger Sub or any Parent Subsidiary; and
Sample 1
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Related to Litigation; No Default

  • Solvency; No Litigation, Violation, Indebtedness or Default (a) Borrower is solvent, able to pay its debts as they mature, has capital sufficient to carry on its business and all businesses in which it is about to engage, and (i) as of the Closing Date, the fair present saleable value of its assets, calculated on a going concern basis, is in excess of the amount of its liabilities and (ii) subsequent to the Closing Date, the fair saleable value of its assets (calculated on a going concern basis) will be in excess of the amount of its liabilities.

  • No Conflict; No Default Neither the execution, delivery and performance of this agreement nor the consummation by the party of the transactions contemplated in this agreement will conflict with, violate or result in a breach of (a) any law, regulation, order, writ, injunction, decree, determination or award of any governmental authority or any arbitrator, applicable to such party, (b) any term, condition or provision of the articles of incorporation, certificate of limited partnership, certificate of organization, bylaws, partnership agreement or limited liability company agreement (or other governing documents) of such party or of any material agreement or instrument to which such party is or may be bound or to which any of its material properties or assets is subject.

  • Documents, fees and no default Each Lender’s obligation to contribute to an Advance is subject to the following conditions precedent:

  • No Default; No Waiver Except for payment delinquencies continuing for a period of not more than 30 days as of the Cut-Off Date, the records of the Servicer did not disclose that any default, breach, violation or event permitting acceleration under the terms of the Receivable existed as of the Cut-Off Date or that any continuing condition that with notice or lapse of time, or both, would constitute a default, breach, violation or event permitting acceleration under the terms of the Receivable had arisen as of the Cut-Off Date and the Seller has not waived any of the foregoing.

  • No Existing Default No Default or Event of Default shall have occurred and be continuing (i) on the borrowing, continuation or conversion date with respect to such Loan or after giving effect to the Loans to be made, continued or converted on such date or (ii) on the issuance or extension date with respect to such Letter of Credit or after giving effect to the issuance or extension of such Letter of Credit on such date.

  • No Default No Default or Event of Default has occurred and is continuing.

  • Notice of Event of Default If the Mortgagee shall have Actual Knowledge of an Event of Default or of a Default arising from a failure to pay Rent, the Mortgagee shall give prompt written notice thereof to the Owner Trustee, the Owner Participant, Lessee, and each Note Holder. Subject to the terms of Sections 2.13, 4.03, 4.04, 4.08, 5.02 and 5.03 hereof, the Mortgagee shall take such action, or refrain from taking such action, with respect to such Event of Default or Default (including with respect to the exercise of any rights or remedies hereunder) as the Mortgagee shall be instructed in writing by a Majority in Interest of Note Holders. Subject to the provisions of Section 5.03, if the Mortgagee shall not have received instructions as above provided within 20 days after mailing notice of such Event of Default to the Note Holders, the Mortgagee may, subject to instructions thereafter received pursuant to the preceding provisions of this Section 5.01, take such action, or refrain from taking such action, but shall be under no duty to take or refrain from taking any action, with respect to such Event of Default or Default as it shall determine advisable in the best interests of the Note Holders; PROVIDED, HOWEVER, that the Mortgagee may not sell the Aircraft or any Engine without the consent of a Majority in Interest of Note Holders. For all purposes of this Trust Indenture, in the absence of Actual Knowledge on the part of the Mortgagee, the Owner Trustee or the Owner Participant, the Mortgagee, the Owner Trustee or the Owner Participant, as the case may be, shall not be deemed to have knowledge of a Default or an Event of Default (except, in the case of the Mortgagee, the failure of Lessee to pay any installment of Basic Rent within one Business Day after the same shall become due, if any portion of such installment was then required to be paid to the Mortgagee, which failure shall constitute knowledge of a Default) unless notified in writing by Lessee, the Owner Trustee, the Owner Participant or one or more Note Holders.

  • No Default, etc No Default, Event of Default or Material Adverse Change has occurred and is continuing.

  • Waiver of Event of Default The Majority Certificateholders may, on behalf of all Certificateholders, by notice in writing to the Trustee, direct the Trustee to waive any events permitting removal of any Master Servicer under this Agreement, provided, however, that the Majority Certificateholders may not waive an event that results in a failure to make any required distribution on a Certificate without the consent of the Holder of such Certificate. Upon any waiver of an Event of Default, such event shall cease to exist and any Event of Default arising therefrom shall be deemed to have been remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other event or impair any right consequent thereto except to the extent expressly so waived. Notice of any such waiver shall be given by the Trustee to the Rating Agency.

  • No Existing Defaults Neither the Company nor any Subsidiary (i) is in default under or in violation of (and no event has occurred that has not been waived that, with notice or lapse of time or both, would result in a default by the Company or any Subsidiary under), nor has the Company or any Subsidiary received notice of a claim that it is in default under or that it is in violation of, any indenture, loan or credit agreement or any other agreement or instrument to which it is a party or by which it or any of its properties is bound (whether or not such default or violation has been waived), (ii) is in violation of any order of any court, arbitrator or governmental body, or (iii) is or has been in violation of any statute, rule or regulation of any governmental authority, including without limitation all foreign, federal, state and local laws relating to taxes, environmental protection, occupational health and safety, product quality and safety and employment and labor matters, except in each case as could not reasonably be expected to result in a Material Adverse Effect.

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