Common use of Litigation; Observance of Agreements, Statutes and Orders Clause in Contracts

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 54 contracts

Samples: Guaranty Agreement (Sensient Technologies Corp), Guaranty Agreement (Sensient Technologies Corp), Subsidiary Guarantee Agreement (Waters Corp /De/)

AutoNDA by SimpleDocs

Litigation; Observance of Agreements, Statutes and Orders. (a) There Except as disclosed in Schedule 5.8, there are no actions, suits, investigations suits or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 42 contracts

Samples: Hub International (Hub International LTD), Note Purchase Agreement (First Investors Financial Services Group Inc), Note Purchase Agreement (Nui Corp /Nj/)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.

Appears in 36 contracts

Samples: Assumption Agreement (Agnico Eagle Mines LTD), Note Purchase Agreement (South Jersey Industries Inc), Note Purchase Agreement (South Jersey Industries Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations suits or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 35 contracts

Samples: Subsidiary Guarantee Agreement (PERRIGO Co PLC), Assignment Agreement (Nu Skin Enterprises Inc), Guaranty Agreement (Tiffany & Co)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the best knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority thatthat could, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 20 contracts

Samples: Note Purchase Agreement (Global Water Resources, Inc.), Note Purchase Agreement (Stone Point Credit Corp), Note Purchase Agreement (Evercore Inc.)

Litigation; Observance of Agreements, Statutes and Orders. (a) There Except as disclosed in Schedule 5.8, there are no actions, suits, investigations suits or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 19 contracts

Samples: Note Purchase Agreement (Tetra Technologies Inc), Note Purchase Agreement (Tetra Technologies Inc), Note Purchase Agreement (Ferrellgas Partners Finance Corp)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.

Appears in 15 contracts

Samples: Hecla Mining Company (Hecla Mining Co/De/), Note Purchase and Private Shelf Agreement (Cubic Corp /De/), Note Purchase and Private Shelf Agreement (Cubic Corp /De/)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 15 contracts

Samples: Note Purchase Agreement (Mettler Toledo International Inc/), Note Purchase Agreement (Mettler Toledo International Inc/), Note Purchase Agreement (Mettler Toledo International Inc/)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority thatthat would, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 12 contracts

Samples: Master Note Purchase Agreement (North Haven Private Income Fund LLC), Purchase Agreement (North Haven Private Income Fund LLC), Master Note Purchase Agreement (Owl Rock Capital Corp III)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations suits or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 10 contracts

Samples: Note Purchase Agreement (ENERPLUS Corp), Subordination Agreement (ENERPLUS Corp), Note Agreement (Discovery Communications, Inc.)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority thatthat could, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 8 contracts

Samples: Note Purchase Agreement (Marcus Corp), Note Purchase Agreement (Marcus Corp), Note Purchase Agreement (Marcus Corp)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the best knowledge of the CompanyCompany or the Trust, threatened against or affecting the Company Company, the Trust or any Subsidiary of their respective Subsidiaries or any property of the Company Company, the Trust or any Subsidiary of their respective Subsidiaries in any court or before any arbitrator of any kind or before or by any Governmental Authority thatthat could, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 8 contracts

Samples: Note Purchase Agreement (RPT Realty), Note Purchase Agreement (RPT Realty), Note Purchase Agreement (RPT Realty)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the best knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority thatthat would, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 8 contracts

Samples: Note Purchase Agreement (Silver Point Specialty Lending Fund), 2022 Note Purchase Agreement (Regal Rexnord Corp), Purchase Agreement (Hercules Capital, Inc.)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority thatthat could, individually or in the aggregate, could reasonably be expected to have a Material Adverse EffectEffect or prevent consummation of the transactions contemplated hereby.

Appears in 6 contracts

Samples: Bond Purchase Agreement, Bond Purchase Agreement, Purchase Agreement

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the best knowledge of the Company, threatened in writing against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority thatthat could, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 6 contracts

Samples: Purchase Agreement (CION Investment Corp), Note Purchase Agreement (Toro Co), Note Purchase Agreement (CION Investment Corp)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the CompanyCompany or any of its Subsidiaries, threatened against or affecting the Company or any Subsidiary or any property properties or rights of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 6 contracts

Samples: Note Purchase Agreement (CHS Inc), Note Purchase Agreement (CHS Inc), Master Note Purchase Agreement (CHS Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority thatthat could, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Note Purchase Agreement (Epr Properties), Note Purchase Agreement (Washington Real Estate Investment Trust), Note Purchase Agreement (Washington Real Estate Investment Trust)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Companyeither Obligor, threatened against or affecting the Company either Obligor or any Subsidiary or any property of the Company either Obligor or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Note Purchase and Guarantee Agreement (Chicago Bridge & Iron Co N V), Note Purchase and Guarantee Agreement (Chicago Bridge & Iron Co N V), Note Purchase and Guarantee Agreement (Chicago Bridge & Iron Co N V)

Litigation; Observance of Agreements, Statutes and Orders. (a) There Except as disclosed in the Disclosure Documents, there are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority thatthat would, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Note Purchase Agreement (Public Service Co of New Mexico), Note Purchase Agreement (Public Service Co of New Mexico), Note Purchase Agreement (Texas New Mexico Power Co)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge Knowledge of the either Constituent Company, threatened against or affecting the Company Parent Guarantor or any Subsidiary of its Significant Subsidiaries or any property of the Company Parent Guarantor or any Subsidiary of its Significant Subsidiaries in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Hawaiian Electric and Subsidiaries (Hawaiian Electric Co Inc), Agreement (Hawaiian Electric Co Inc), Agreement (Hawaiian Electric Industries Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse EffectEffect that has not been set forth on Schedule 5.8.

Appears in 5 contracts

Samples: Note Purchase Agreement (Artisan Partners Asset Management Inc.), Artisan Partners Asset Management Inc., Note Purchase Agreement (Artisan Partners Asset Management Inc.)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened in writing against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority thatthat would, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Master Note Purchase Agreement (BlackRock Capital Investment Corp), Investment Advisory Agreement (Golub Capital Private Credit Fund), Note Purchase Agreement (T. Rowe Price OHA Select Private Credit Fund)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the best knowledge of the Company, threatened in writing against or affecting the Company any Note Party or any Subsidiary or any property of the Company any Note Party or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority thatthat could, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Note Purchase Agreement (American Assets Trust, L.P.), Note Purchase Agreement (American Assets Trust, L.P.), Note Purchase Agreement (American Assets Trust, L.P.)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the best knowledge of the either Constituent Company, threatened against or affecting the Company Parent Guarantor or any Subsidiary or any property of the Company Parent Guarantor or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority thatthat could, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Pledge Agreement (Sunstone Hotel Investors, Inc.), Subsidiary Guaranty Agreement (Americold Realty Trust), Note and Guaranty Agreement (Americold Realty Trust)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Companyeither Obligor, threatened against or affecting the Company either Obligor or any Subsidiary or any property of the Company either Obligor or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Note Purchase Agreement (Sovran Acquisition LTD Partnership), Note Purchase Agreement (Sovran Self Storage Inc), Note Purchase Agreement (Sovran Self Storage Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) There Other than as described below and except as disclosed in the Disclosure Documents, there are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Note Purchase Agreement (Unitil Corp), Note Purchase Agreement (Unitil Corp), Note Purchase Agreement (Unitil Corp)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Companyany Obligor, threatened against or affecting the Company any Obligor or any Subsidiary or any property of the Company any Obligor or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Note Purchase Agreement (UTi WORLDWIDE INC), Letter of Credit Agreement (UTi WORLDWIDE INC), Letter of Credit and Cash Draw Agreement (UTi WORLDWIDE INC)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations suits or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company Trust or any Subsidiary or any property of the Company Trust or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Subordination Agreement (PENGROWTH ENERGY Corp), Purchase Agreement (Pengrowth Energy Trust), Purchase Agreement (Pengrowth Energy Trust)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the actual knowledge of the CompanyResponsible Officers, threatened against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority thatthat would, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Private Shelf Agreement (Graybar Electric Co Inc), Private Shelf Agreement (Graybar Electric Co Inc), Private Shelf Agreement (Graybar Electric Co Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the best knowledge of the CompanyCompany or the Parent Guarantor, threatened against or affecting the Parent Guarantor, the Company or any Subsidiary or any property of the Parent Guarantor, the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority thatthat could, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Note Purchase Agreement (Terreno Realty Corp), Note Purchase Agreement (Terreno Realty Corp), Note Purchase Agreement (Terreno Realty Corp)

Litigation; Observance of Agreements, Statutes and Orders. (a) There Except as disclosed in the Disclosure Documents, there are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Acknowledgement and Agreement (Unitil Corp), Note Purchase Agreement (Unitil Corp), Acknowledgement and Agreement (Unitil Corp)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary either Member or any of their property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Lease Agreement (InfraREIT, Inc.), Note Purchase Agreement (InfraREIT, Inc.), Note Purchase Agreement (InfraREIT, Inc.)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Note Purchase Agreement, Purchase Agreement, Financing Agreement (Black Hills Power Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actionsNo action, suitssuit, investigations investigation or proceedings proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Companyany Obligor, threatened in writing against any Group Member or affecting the Company or against any Subsidiary or any of their respective property as to which there is a reasonable possibility of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority an adverse determination and that, if adversely determined, could reasonably be expected, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Note Purchase Agreement (Lineage, Inc.), Note Purchase Agreement (Lineage, Inc.), Note Purchase Agreement (Lineage, Inc.)

Litigation; Observance of Agreements, Statutes and Orders. (a) There Except as disclosed in the Disclosure Documents, there are no actions, suits, investigations suits or proceedings pending or, to the best knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority thatthat could, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Purchase Agreement (Delmarva Power & Light Co /De/), Purchase Agreement (Delmarva Power & Light Co /De/), Purchase Agreement (Potomac Electric Power Co)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Master Note Purchase Agreement (Henry Schein Inc), Private Shelf Agreement (Henry Schein Inc), Private Shelf Agreement (Henry Schein Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the CompanyObligors, threatened against or affecting the Company any Obligor or any Subsidiary or any property of the Company any Obligor or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Note Purchase Agreement (Vectren Utility Holdings Inc), Vectren Utility Holdings Inc, Vectren Corp

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company Company, either Member, New Owner or New Operator or any Subsidiary or any of their property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Note Purchase Agreement (InfraREIT, Inc.), Note Purchase Agreement (InfraREIT, Inc.), Note Purchase Agreement (InfraREIT, Inc.)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations suits or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Note Purchase Agreement (Uil Holdings Corp), Note Purchase Agreement (Uil Holdings Corp), Dte Energy Co

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge Knowledge of the Company, threatened against or affecting the Company or any Significant Subsidiary or any property of the Company or any Significant Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Agreement (Hawaiian Electric Co Inc), Agreement (Hawaiian Electric Co Inc), Agreement (Hawaiian Electric Co Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the best knowledge of the Parent REIT or the Company, threatened against or affecting the any Company or any Subsidiary Party or any property of the Company or any Subsidiary Parties in any court or before any arbitrator of any kind or before or by any Governmental Authority thatthat could, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Note Purchase Agreement (Pebblebrook Hotel Trust), Note Purchase Agreement (Pebblebrook Hotel Trust), Pledge Agreement (Pebblebrook Hotel Trust)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Companyany Obligor, threatened against or affecting the Company or any Subsidiary Obligor or any property of the Company or any Subsidiary Obligor in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Master Note Purchase Agreement (Waste Connections, Inc.), Assumption and Exchange Agreement (Waste Connections US, Inc.), Assumption and Exchange Agreement (Waste Connections, Inc.)

Litigation; Observance of Agreements, Statutes and Orders. (a) There Except as disclosed in the Disclosure Documents, there are no actions, suits, investigations suits or proceedings pending or, to the best knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority thatthat could, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Purchase Agreement (Atlantic City Electric Co), Bond Purchase Agreement (Atlantic City Electric Co), Purchase Agreement (Delmarva Power & Light Co /De/)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any its property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Note Purchase Agreement (InfraREIT, Inc.), Transmission and Distribution (InfraREIT, Inc.), Note Purchase Agreement (InfraREIT, Inc.)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no (1) actions, suits, investigations or proceedings pending or, to the knowledge of the either Constituent Company, threatened or (2) to the knowledge of either Constituent Company, investigations pending or threatened, against or affecting the Company Parent Guarantor or any Subsidiary or any property of the Company their properties or any Subsidiary revenues in any court or before any arbitrator of any kind or before or by any Governmental Authority thatthat could, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Subsidiary Guaranty Agreement (Rexford Industrial Realty, Inc.), Subsidiary Guaranty Agreement (Rexford Industrial Realty, Inc.), Purchase and Guarantee Agreement (Rexford Industrial Realty, Inc.)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any property Property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Note Purchase Agreement (LTC Properties Inc), Guaranty Agreement (Plexus Corp), Note Purchase Agreement (Deltic Timber Corp)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the best knowledge of the Company, the Trust and its Restricted Subsidiaries, threatened against or affecting the Company Company, the Trust or any Restricted Subsidiary or any property of the Company Company, the Trust or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Note Purchase Agreement (Obsidian Energy Ltd.), Note Purchase Agreement (Obsidian Energy Ltd.), Note Purchase Agreement (Penn West Energy Trust)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the actual knowledge of the Company, threatened against or affecting the Company or any Subsidiary of its Subsidiaries or any property Property of the Company or any Subsidiary of its Subsidiaries in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Note Purchase Agreement (LTC Properties Inc), Note Purchase Agreement (LTC Properties Inc), Note Purchase and Private Shelf Agreement (LTC Properties Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations suits or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Consolidated Subsidiary or any property of the Company or any Consolidated Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Note Purchase Agreement (American Capital Strategies LTD), Note Purchase Agreement (American Capital Strategies LTD), Note Purchase Agreement (American Capital Strategies LTD)

Litigation; Observance of Agreements, Statutes and Orders. (a) There Except as disclosed in the Disclosure Documents, there are no actions, suits, investigations suits or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Purchase Agreement (Atlantic City Electric Co), Delmarva Power & Light Co /De/

Litigation; Observance of Agreements, Statutes and Orders. (a) There Except as disclosed in the Memorandum, there are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Execution (Unitil Corp), Note Purchase Agreement (Unitil Corp)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the best knowledge of the CompanyCompany or the Operator, threatened against or affecting the Company or any Subsidiary or any property or assets of the Company or any Subsidiary Subsidiary, in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Note Purchase Agreement (Tc Pipelines Lp), Note Purchase Agreement (Tc Pipelines Lp)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the best knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority thatthat could, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: MSC Industrial Direct Co Inc, MSC Industrial Direct Co Inc

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Companyany Obligor, threatened against or affecting the Company any Obligor or any Subsidiary or any property of the Company any Obligor or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Note Purchase Agreement (UTi WORLDWIDE INC), Note Purchase Agreement (Agl Resources Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary of its Subsidiaries or any property Property of the Company or any Subsidiary of its Subsidiaries in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Note Purchase and Private Shelf Agreement (LTC Properties Inc), Note Purchase and Private Shelf Agreement (LTC Properties Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the CompanyObligors, threatened against or affecting the Company any Obligor or any Subsidiary or any property of the Company any Obligor or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.. Vectren Utility Holdings, Inc. Note Purchase Agreement

Appears in 2 contracts

Samples: Note Purchase Agreement (Vectren Utility Holdings Inc), Note Purchase Agreement (Vectren Utility Holdings Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings by or before any arbitrator or Governmental Authority now pending against or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator its Subsidiaries (i) as to which there is a reasonable possibility of any kind or before or by any Governmental Authority thatan adverse determination and that if adversely determined could reasonably be expected, individually or in the aggregate, could reasonably be expected to have result in a Material Adverse EffectEffect or (ii) that involve this Agreement or the Transactions.

Appears in 2 contracts

Samples: Note Purchase Agreement (Solar Senior Capital Ltd.), Note Purchase Agreement (Solar Capital Ltd.)

Litigation; Observance of Agreements, Statutes and Orders. (a) There a)Except as disclosed in Schedule 5.8, there are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Note Purchase Agreement (Alliance Holdings GP, L.P.), Note Purchase Agreement (Alliance Resource Partners Lp)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the best knowledge of the Company, threatened in writing against or affecting Xxxxxx REIT, the Company or any Subsidiary or any property of Xxxxxx REIT, the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority thatthat could, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Note Purchase Agreement (Hudson Pacific Properties, L.P.), Accession Agreement (Hudson Pacific Properties, L.P.)

Litigation; Observance of Agreements, Statutes and Orders. (a) There Except as set forth in Schedule 4.8, there are no actions, suits, investigations suits or proceedings pending or, to the knowledge Knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Draupnir LLC), Securities Purchase Agreement (Amcon Distributing Co)

Litigation; Observance of Agreements, Statutes and Orders. (a) There Except as disclosed in or contemplated by the Disclosure Documents, there are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority thatthat would, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Note Purchase Agreement (SJW Group), Note Purchase Agreement (SJW Group)

AutoNDA by SimpleDocs

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations suits or proceedings pending or, to the knowledge Knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected expected, if adversely determined, to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Convertible Note Purchase Agreement (China Tel Group Inc), Convertible Note Purchase Agreement (China Tel Group Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) There Other than as set forth in the Disclosure Documents, there are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Note Purchase Agreement (Alabama Gas Corp), Note Purchase Agreement (Alabama Gas Corp)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Note Purchase Agreement (BlackRock Kelso Capital CORP), Letter Agreement

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations suits or proceedings pending or, to the knowledge of the CompanyObligors, threatened against or affecting the Company or any Subsidiary or any property assets, properties of the Company Obligors, or any Subsidiary the Obligors in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Second Modification Agreement (Resortquest International Inc), Third Modification Agreement (Resortquest International Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations suits or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary of its Subsidiaries or any property of the Company or any Subsidiary of its Subsidiaries in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Guaranty Agreement (Tiffany & Co), Ims Health Incorporated (Ims Health Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse EffectEffect or prevent consummation of the transactions contemplated hereby.

Appears in 2 contracts

Samples: Purchase Agreement (Empire District Electric Co), Purchase Agreement (Empire District Electric Co)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Master Note Purchase Agreement (Waste Connections, Inc.), Master Note Purchase Agreement (Waste Connections, Inc.)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.. South Jersey Industries, Inc. Note Purchase Agreement

Appears in 2 contracts

Samples: South Jersey Industries Inc, Note Purchase Agreement (South Jersey Industries Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Companyeither Issuer, threatened against or affecting the Company either Issuer or any Subsidiary or any property of the Company or any Subsidiary their respective properties in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Amedisys Inc)

Litigation; Observance of Agreements, Statutes and Orders. (ai) There are no actions, suits, investigations or proceedings pending or, to the best knowledge of the Company, the Trust and its Restricted Subsidiaries, threatened against or affecting the Company Company, the Trust or any Restricted Subsidiary or any property of the Company Company, the Trust or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Obsidian Energy Ltd.)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Significant Subsidiary or affecting any property of the Company or any Significant Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Master Note Purchase Agreement (Hawaiian Electric Industries Inc)

Litigation; Observance of Agreements, Statutes and Orders. (aas) There are no actions, suits, investigations or proceedings pending or, to the best knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority thatthat could, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Subsidiary Guaranty Agreement (Littelfuse Inc /De)

Litigation; Observance of Agreements, Statutes and Orders. (a) There To the knowledge of the Company after diligent inquiry, there are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, or threatened against or affecting the Company or any Subsidiary of its Subsidiaries or any property of the Company or any Subsidiary of its Subsidiaries in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Macdonald (Macdonald Dettwiler & Associates LTD)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the best knowledge of the CompanyCompany and its Restricted Subsidiaries, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Obsidian Energy Ltd.)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting Exhibit 10.1 the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Northwestern Corp

Litigation; Observance of Agreements, Statutes and Orders. (a) There Except as disclosed in Schedule 3.08, there are no actions, suits, investigations suits or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Brinks Co)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the best knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority thatthat could, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.. Xxxxx Industries, Inc. Note Purchase Agreement

Appears in 1 contract

Samples: Note Purchase Agreement (Myers Industries Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company any Obligor or any Subsidiary or any property of the Company any Obligor or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.. Xxxx Xxxx Technologies Corporation Note Purchase Agreement

Appears in 1 contract

Samples: Note Purchase Agreement (John Bean Technologies CORP)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the best knowledge of the Company, threatened against or affecting the Company any Obligor or any Subsidiary or Property of any property of the Company or any Subsidiary Obligor in any court or before any arbitrator of any kind or before or by any Governmental Authority thatthat could, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Eastgroup Properties Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge Knowledge of the Company, threatened against or affecting the Company or any Significant Subsidiary or any property of the Company or any Significant Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Agreement (Hawaiian Electric Industries Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the actual knowledge of the Company, threatened against or affecting the Company or any Subsidiary Guarantor or any property of the Company or any Subsidiary Guarantor in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Aecom Technology Corp)

Litigation; Observance of Agreements, Statutes and Orders. (a) There Except as disclosed in the Disclosure Documents, there are no actions, suits, investigations or proceedings pending or, to the best knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, that could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Bond Purchase Agreement (Nevada Power Co)

Litigation; Observance of Agreements, Statutes and Orders. (a) There Except as disclosed in Schedule 9.9, there are no actions, suits, investigations suits or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Nu Skin Enterprises Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations suits or proceedings pending or, to the knowledge of IHOP or the Company, threatened against or affecting the Company or any Subsidiary Obligor or any property of the Company or any Subsidiary Obligor in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Ihop Corp)

Litigation; Observance of Agreements, Statutes and Orders. (a) There Except as disclosed in Schedule 5.8, there are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Tampa Electric Co)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the best knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority as to which there is a reasonable likelihood of an adverse determination and that, if adversely determined, could, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Invitation Homes Inc.)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge Knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Private Shelf Agreement (Miller Herman Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) There Except as disclosed on Schedule 5.8, there are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Regal Beloit Corp)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations suits or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary of its Restricted Subsidiaries or any property of the Company or any Subsidiary of its Restricted Subsidiaries in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Private Shelf Agreement (Aecom Merger Corp)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened in writing against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any AG Twin Brook Capital Income Fund Master Note Purchase Agreement Governmental Authority thatthat would, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: AG Twin Brook Capital Income Fund

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting (i) the Company, (ii) the property to be acquired by the Company in the Acquisition or any Subsidiary or any property of (iii) the Company or any Subsidiary Parent insofar as it relates to the Acquisition, in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Bond Purchase Agreement (Empire District Electric Co)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, governmental investigations or proceedings pending or, to the knowledge of the Company, threatened against or directly affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Diebold Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the CompanyObligor, threatened against or affecting the Company or any Subsidiary Member or any property of the Company or any Subsidiary Member in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: 1 and Guarantee Agreement (News Corp)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations suits or proceedings pending or, to the knowledge of the any Constituent Company, threatened against or affecting the such Constituent Company or any Subsidiary or any property of the such Constituent Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse EffectEffect on such Constituent Company.

Appears in 1 contract

Samples: Intercreditor Agreement (Star Gas Partners Lp)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the best knowledge of the Company, threatened in writing against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority thatthat could, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (St Joe Co)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.property

Appears in 1 contract

Samples: Ugi Corp /Pa/

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the best knowledge of any Guarantor or the Company, threatened against or affecting the Company any Transaction Party or any Subsidiary or any property of the Company any Transaction Party or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority thatthat could, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase and Guaranty Agreement (Whitestone REIT)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Companyeither Obligor, threatened against or affecting the Company either Obligor or any Subsidiary or any property of the Company or any Property of either Obligor or any Subsidiary of the Company in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.. UNS Electric, Inc. Note Purchase Agreement

Appears in 1 contract

Samples: Tucson Electric Power Co

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the best knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any property of the Company or any Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Indemnity and Contribution Agreement (Wd 40 Co)

Time is Money Join Law Insider Premium to draft better contracts faster.