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

Litigation; Observance of Agreements, Statutes and Orders. (i) Except for the FLSA Litigation, 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, would reasonably be expected to have a Material Adverse Effect; (ii) the FLSA Litigation, individually or in the aggregate, would not reasonably be expected to have a Limited Material Adverse Effect and (iii) neither the Company nor any Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator of Governmental Authority or is in violation of any Applicable Law, ordinance, rule or regulation (including without limitation Environmental Laws or OFAC) of any Governmental Authority, in each case, which default or violation, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

Litigation; Observance of Agreements, Statutes and Orders. (i) Except for as disclosed in the FLSA LitigationDisclosure Documents, there are no actions, suits, investigations suits or proceedings pending or, to the knowledge of the Companysuch Obligor, threatened against or affecting the Company such Obligor or any Subsidiary of its Subsidiaries or any property Property of the Company such Obligor or any Subsidiary of its Subsidiaries in any court or before any arbitrator of any kind or before or by any Governmental Authority (A) that involve any of the Loan Documents or the Transactions or (B) that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect; . (ii) the FLSA Litigation, individually or in the aggregate, would not reasonably be expected to have a Limited Material Adverse Effect and (iii) neither the Company Neither such Obligor nor any Subsidiary of its Subsidiaries is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator of or Governmental Authority or is in violation of any Applicable Lawapplicable law, ordinance, rule or regulation (including including, without limitation limitation, Environmental Laws or OFACLaws) of any Governmental Authority, in each case, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Litigation; Observance of Agreements, Statutes and Orders. (ia) Except for as disclosed in the FLSA LitigationDisclosure Materials, there are no actions, suits, investigations or proceedings pending or, to the knowledge of the either Constituent Company, threatened against or affecting the Company Parent Guarantor or any Subsidiary of its Subsidiaries (including the Issuer) or any property of the Company Parent Guarantor or any Subsidiary of its Subsidiaries (including the Issuer) in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect; . (iib) Neither the FLSA Litigation, individually or in the aggregate, would not reasonably be expected to have a Limited Material Adverse Effect and (iii) neither the Company Parent Guarantor nor any Subsidiary of its Subsidiaries (including the Issuer) is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator of or Governmental Authority or is in violation of any Applicable Lawapplicable law, ordinance, rule or regulation (including including, without limitation limitation, Environmental Laws or OFACthe USA Patriot Act) of any Governmental Authority, in each case, which default or violation, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

Litigation; Observance of Agreements, Statutes and Orders. (ia) Except for the FLSA Litigation, there There are no actions, suits, investigations or proceedings pending or, to the knowledge of the CompanyGuarantor, threatened against or affecting the Company Guarantor or any Subsidiary of its Subsidiaries or any property of the Company Guarantor or any Subsidiary of its Subsidiaries in any court or before any arbitrator of any kind or before or by any Governmental Authority , including, without limitation, matters disclosed in Form 10-Q or Form 10-K filings of the Parent Guarantor that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect; . (iib) Neither the FLSA Litigation, individually or in the aggregate, would not reasonably be expected to have a Limited Material Adverse Effect and (iii) neither the Company Guarantor nor any Subsidiary of its Subsidiaries is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator of or Governmental Authority or is in violation of any Applicable Lawapplicable law, ordinance, rule or regulation (including without limitation Environmental Laws or OFACthe USA Patriot Act) of any Governmental Authority, in each case, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Litigation; Observance of Agreements, Statutes and Orders. (ia) Except for the FLSA Litigation, 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 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, would reasonably be expected to have a Material Adverse Effect; . (iib) the The FLSA Litigation, individually or in the aggregate, would not reasonably be expected to have a Limited Material Adverse Effect and Effect. (iiic) neither the Company Neither any Obligor nor any Restricted Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator of or Governmental Authority or is in violation of any Applicable Lawapplicable law, ordinance, rule or regulation (including without limitation Environmental Laws or OFACthe USA Patriot Act) of any Governmental Authority, in each case, which default or violation, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

Litigation; Observance of Agreements, Statutes and Orders. (ia) Except for as described in [Schedule 5.8 to the FLSA Litigation[Number] Supplement/the Disclosure Documents], as of the date of the [Number] Supplement, 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, would could reasonably be expected to have a Material Adverse Effect; . (iib) the FLSA Litigation, individually or in the aggregate, would not reasonably be expected to have a Limited Material Adverse Effect and (iii) neither Neither the Company nor any Significant Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator of or Governmental Authority or is in violation of any Applicable Lawapplicable law, ordinance, rule or regulation (including without limitation Environmental Laws Laws, ERISA, or OFACthe USA PATRIOT Act) of any Governmental Authority, in each case, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Litigation; Observance of Agreements, Statutes and Orders. (ia) Except for the FLSA Litigationas disclosed in Schedule 5.08, there are no actions, suits, investigations suits or proceedings pending or, to the knowledge of the CompanyBorrower, threatened in writing against or affecting the Company Borrower or any Restricted Subsidiary or Non-Recourse Pledgor or any property of the Company Borrower or any Restricted Subsidiary or Non-Recourse Pledgor in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect; . (iib) Neither the FLSA Litigation, individually or in the aggregate, would not reasonably be expected to have a Limited Material Adverse Effect and (iii) neither the Company Borrower nor any Restricted Subsidiary nor any Non-Recourse Pledgor is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator of or Governmental Authority or is in violation of any Applicable Lawapplicable law, ordinance, rule or regulation (including without limitation Environmental Laws or OFACand the USA PATRIOT Act) of any Governmental Authority, in each case, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Litigation; Observance of Agreements, Statutes and Orders. (ia) Except for the FLSA Litigation, there 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 directly affecting 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, would reasonably be expected to have a Material Adverse Effect; (ii) . To the FLSA Litigationknowledge of the Company, there are no investigations pending or threatened against the Company or any Subsidiary by any Governmental Authority that, individually or in the aggregate, would not reasonably be expected to have a Limited Material Adverse Effect and Effect. (iiib) neither Neither the Company nor any 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, or (2) in violation of any order, judgment, decree or ruling of any court, arbitrator of or Governmental Authority or is (3) in violation of any Applicable Lawapplicable law, ordinance, rule or regulation (including without limitation Environmental Laws or OFAC) of any Governmental AuthorityAuthority (including, without limitation, Environmental Laws, ERISA, the USA PATRIOT Act or any of the other laws and regulations that are referred to in each caseSection 6.16), which default or violation, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

Litigation; Observance of Agreements, Statutes and Orders. (ia) Except for the FLSA Litigation, there 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 directly affecting 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, would reasonably be expected to have a Material Adverse Effect; (ii) . To the FLSA Litigationknowledge of the Company, there are no investigations pending or threatened against the Company or any Subsidiary by any Governmental Authority that, individually or in the aggregate, would not reasonably be expected to have a Limited Material Adverse Effect and Effect. (iiib) neither Neither the Company nor any Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator of or Governmental Authority or is in violation of any Applicable Lawapplicable law, ordinance, rule or regulation (including without limitation Environmental Laws, ERISA, the USA PATRIOT Act, AML/Anti-Terrorism Laws or OFACAnti-Corruption Laws) of any Governmental Authority, in each case, which default or violation, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

Litigation; Observance of Agreements, Statutes and Orders. (ia) Except for The Disclosure Documents describe certain litigation matters affecting the FLSA Litigation, there Company and/or its Subsidiaries. There are no actions, suits, governmental investigations or proceedings pending (including those matters described in the Disclosure Documents) or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property 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, would reasonably be expected to have a Material Adverse Effect; . (iib) the FLSA Litigation, individually or in the aggregate, would not reasonably be expected to have a Limited Material Adverse Effect and (iii) neither Neither the Company nor any Restricted Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator of or Governmental Authority or is in violation of any Applicable Lawapplicable law, ordinance, rule or regulation (including without limitation Environmental Laws or OFACthe USA Patriot Act) of any Governmental Authority, in each case, which default or violation, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

Litigation; Observance of Agreements, Statutes and Orders. (ia) Except as is disclosed in the Company’s Form 10-K for its fiscal year ending December 31, 2015 or any Form 10-Q filed by the FLSA LitigationCompany subsequent thereto (the relevant portions of which are attached as 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, would could reasonably be expected to have a Material Adverse Effect; . (iib) the FLSA Litigation, individually or in the aggregate, would not reasonably be expected to have a Limited Material Adverse Effect and (iii) neither Neither the Company nor any Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator of or Governmental Authority or is in violation of any Applicable Lawapplicable law, ordinance, rule or regulation (including without limitation Environmental Laws Laws, the USA PATRIOT Act or OFACany of the other laws and regulations that are referred to in Section 5.16) of any Governmental Authority, in each case, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Litigation; Observance of Agreements, Statutes and Orders. (ia) Except for the FLSA Litigation, there There are no actions, suits, investigations suits or proceedings pending or, to the knowledge of the CompanyBorrower, threatened against or affecting the Company Borrower or any Subsidiary or any property Property of the Company or any Subsidiary Borrower in any court or before any arbitrator of any kind or before or by any Governmental Authority (i) in any case where this representation is made on or prior to the Closing Date, with respect to any of the Loan Documents or the transactions contemplated hereby or thereby or (ii) that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect; . (iib) the FLSA Litigation, individually or in the aggregate, would The Borrower is not reasonably be expected to have a Limited Material Adverse Effect and (iii) neither the Company nor any Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, bound or any order, judgment, decree or ruling of any court, arbitrator of or Governmental Authority or and is not in violation of any Applicable applicable Requirement of Law, ordinance, rule or regulation (including including, without limitation limitation, Environmental Laws or OFACLaws) of any Governmental Authority, in each case, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Litigation; Observance of Agreements, Statutes and Orders. (i) Except for the FLSA Litigationas disclosed in Schedule 7.01(h), there are no actions, suits, investigations suits or proceedings pending or, to the knowledge of the Companysuch Obligor, threatened against or affecting the Company such Obligor or any Subsidiary of its Subsidiaries or any property Property of the Company such Obligor or any Subsidiary of its Subsidiaries in any court or before any arbitrator of any kind or before or by any Governmental Authority (A) that involve any of the Loan Documents or the Transactions or (B) that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect; . (ii) the FLSA Litigation, individually or in the aggregate, would not reasonably be expected to have a Limited Material Adverse Effect and (iii) neither the Company Neither such Obligor nor any Subsidiary of its Subsidiaries is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator of or Governmental Authority or is in violation of any Applicable Lawapplicable law, ordinance, rule or regulation (including including, without limitation limitation, Environmental Laws or OFACLaws) of any Governmental Authority, in each case, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Litigation; Observance of Agreements, Statutes and Orders. (ia) Except for the FLSA Litigation, there 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 directly affecting 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, would reasonably be expected to have a Material Adverse Effect; (ii) . To the FLSA Litigationknowledge of the Company, there are no investigations pending or threatened against the Company or any Subsidiary by any Governmental Authority that, individually or in the aggregate, would not reasonably be expected to have a Limited Material Adverse Effect and Effect. (iiib) neither Neither the Company nor any 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, or (2) in violation of any order, judgment, decree or ruling of any court, arbitrator of or Governmental Authority or is (3) in violation of any Applicable Lawapplicable law, ordinance, rule or regulation of any Governmental Authority (including without limitation Environmental Laws Laws, ERISA, the USA PATRIOT Act or OFAC) any of any Governmental Authority, the other laws and regulations that are referred to in each caseSection 6.16), which default or violation, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

Litigation; Observance of Agreements, Statutes and Orders. (ia) Except for the FLSA Litigationmatters disclosed in footnote 12 of the Company’s Annual Financial Report dated December 31, 2013 included in the Disclosure Documents and for which the Company has insufficient information with which to assess the effect thereof, 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, would could reasonably be expected to have a Material Adverse Effect; . (iib) the FLSA Litigation, individually or in the aggregate, would The Company is (i) not reasonably be expected to have a Limited Material Adverse Effect and (iii) neither the Company nor any Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or (ii) in violation of any order, judgment, decree or ruling of any court, arbitrator of or Governmental Authority or is (iii) in violation of any Applicable Lawapplicable law, ordinance, rule or regulation (including without limitation Environmental Laws or OFAC) of any Governmental AuthorityAuthority (including, without limitation, Environmental Laws, the USA PATRIOT Act or any of the other laws and regulations that are referred to in each caseSection 5.16), which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.