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. (b) Neither the Company nor any Restricted Subsidiary is (1) in default under any term of any agreement or instrument to which it is a party or by which it is bound, (2) in violation of any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or (3) in violation of any applicable law, ordinance, rule or regulation of any Governmental Authority (including, without limitation, Environmental Laws, ERISA, the USA PATRIOT Act or any of the other laws or regulations that are referred to in Section 5.16), which default or violation, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 8 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 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.
(b) Neither the Company nor any Restricted Subsidiary is (1i) in default under any term of any agreement or instrument to which it is a party or by which it is bound, (2ii) in violation of any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or (3iii) in violation of any applicable law, ordinance, rule or regulation of any Governmental Authority (including, without limitation, Environmental Laws, ERISA, the USA PATRIOT Act or any of the other laws or and regulations that are referred to in Section 5.16), which default or violationviolation 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 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.
(b) Neither the Company nor any Restricted Subsidiary is (1i) in default under any term of any agreement or instrument to which it is a party or by which it is bound, (2ii) in violation of any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or (3iii) in violation of any applicable law, ordinance, rule or regulation of any Governmental Authority (including, without limitation, Environmental Laws, ERISA, the USA PATRIOT Act or any of the other laws or and regulations that are referred to in Section 5.16), which default or violationviolation could, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Samples: Note Purchase Agreement (Stepan Co), Note Purchase Agreement (Stepan Co), Note Purchase Agreement (Stepan 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 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.
(b) Neither the Company nor any Restricted Subsidiary is (1) in default under any term of any agreement or instrument to which it is a party or by which it is bound, (2) in violation of or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or (3) is in violation of any applicable law, ordinance, rule or regulation of any Governmental Authority (including, without limitation, Environmental Laws, ERISA, ERISA or the USA PATRIOT Act or Patriot Act) of any of the other laws or regulations that are referred to in Section 5.16)Governmental Authority, which default or violation, individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Samples: Note Purchase Agreement (Amcol International Corp), Note Purchase Agreement (Perkinelmer Inc), Note Purchase Agreement (Perkinelmer 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 either Constituent Company, threatened against or affecting the Company Parent Guarantor or any Restricted Subsidiary or any property of the Company Parent Guarantor 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.
(b) Neither the Company Parent Guarantor nor any Restricted Subsidiary is (1) in default under any term of any agreement or instrument to which it is a party or by which it is bound, (2) in violation of any order, judgment, decree or ruling of any court, any arbitrator of any kind or any Governmental Authority or (3) in violation of any applicable law, ordinance, rule or regulation of any Governmental Authority (including, without limitation, including Environmental Laws, ERISA, the USA PATRIOT Act or any of the other laws or and regulations that are referred to in Section 5.16), which default or violationviolation could, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Samples: Note and Guarantee Agreement (Sunstone Hotel Investors, Inc.), Note and Guarantee Agreement (Sunstone Hotel Investors, Inc.), Note and Guarantee Agreement (Sunstone Hotel Investors, 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 Restricted Subsidiary of its Subsidiaries or any property of the Company or any Restricted 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.
(b) Neither the Company nor any Restricted Subsidiary thereof is (1i) in default under any term of any agreement or instrument to which it is a party or by which it is bound, (2ii) in violation of any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or (3iii) in violation of any applicable law, ordinance, rule or regulation of any Governmental Authority (including, without limitation, Environmental Laws, ERISA, the USA PATRIOT Act or any of the other laws or and regulations that are referred to in Section 5.16), which default or violation, individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
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 Restricted Subsidiary or any property of the Company any Obligor 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.
(b) Neither the Company No Obligor nor any Restricted Subsidiary is (1i) in default under any term of any agreement or instrument to which it is a party or by which it is bound, (2ii) in violation of any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or (3iii) in violation of any applicable law, ordinance, rule or regulation of any Governmental Authority (including, without limitation, Environmental Laws, ERISA, the USA PATRIOT Act or any of the other laws or and regulations that are referred to in Section 5.16), which default or violation, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Note Purchase Agreement (Vectren Utility Holdings Inc)