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

Litigation; Observance of Agreements, Statutes and Orders. (a) 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, would reasonably be expected to have a Material Adverse Effect. (b) Except as disclosed in the Disclosure Documents, neither the Company nor any Subsidiary is (i) in default under any term of any agreement or instrument to which it is a party or by which it is bound, (ii) in violation of any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or (iii) in violation of any applicable law, ordinance, rule or regulation of any Governmental Authority (including, without limitation Environmental Laws, the USA Patriot Act or any of the other laws and regulations that are referred to in Section 5.16), in each case which default or violation, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

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

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Litigation; Observance of Agreements, Statutes and Orders. (a) Other than as described below and except as disclosed in the Disclosure Documents, there 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 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 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. (b) Except as disclosed in the Disclosure Documents, neither Neither the Company nor any Subsidiary of its Subsidiaries is (i) in default under any term of any agreement or instrument to which it is a party or by which it is bound, (ii) in violation of or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or (iii) is in violation of any applicable law, ordinance, rule or regulation (including without limitation Environmental Laws or the USA Patriot Act) of any Governmental Authority (includingAuthority, without limitation Environmental Laws, the USA Patriot Act or any of the other laws and regulations that are referred to in Section 5.16), in each case which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Note Purchase Agreement (Essex Property Trust Inc), Note Purchase Agreement (Mid America Apartment Communities Inc), Note Purchase Agreement (Essex Property Trust Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) Other than as described below and except as disclosed in the Disclosure Documents, there There are no actions, suits, investigations or proceedings pending or, to the best knowledge of the CompanyParent, the Issuer or any of their Subsidiaries, threatened against or affecting the Company Parent, the Issuer or any Subsidiary their Subsidiaries or any property of the Company Parent, the Issuer or any Subsidiary their 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, would reasonably be expected to have a Material Adverse Effect. (b) Except as disclosed in Neither the Disclosure DocumentsParent, neither the Company Issuer nor any Subsidiary of their Subsidiaries is (i) in default under any term of any agreement or instrument to which it is a party or by which it is bound, (ii) in violation of any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or (iii) in violation of any applicable law, ordinance, rule or regulation of any Governmental Authority (including, without limitation limitation, Environmental Laws, the USA Patriot PATRIOT Act or any of the other laws and regulations that are referred to in Section 5.16), in each case which default or violationviolation could, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Note Purchase Agreement (STAG Industrial, Inc.), Note Purchase Agreement (STAG Industrial, Inc.), Note Purchase Agreement (STAG Industrial, Inc.)

Litigation; Observance of Agreements, Statutes and Orders. (a) Other than as described below and except as disclosed in the Disclosure Documents, there There are no actions, suits, investigations or proceedings pending or, to the best knowledge of the CompanyParent, the Issuer or any of their Subsidiaries, threatened against or affecting the Company Parent, the Issuer or any Subsidiary of their Subsidiaries or any property of the Company Parent, the Issuer or any Subsidiary of their 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, would reasonably be expected to have a Material Adverse Effect. (b) Except as disclosed in Neither the Disclosure DocumentsParent, neither the Company Issuer nor any Subsidiary of their Subsidiaries is (i) in default under any term of any agreement or instrument to which it is a party or by which it is bound, (ii) in violation of any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or (iii) in violation of any applicable law, ordinance, rule or regulation of any Governmental Authority (including, without limitation limitation, Environmental Laws, the USA Patriot PATRIOT Act or any of the other laws and regulations that are referred to in Section 5.16), in each case which default or violationviolation could, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Note Purchase Agreement (STAG Industrial, Inc.), Note Purchase Agreement (STAG Industrial, Inc.), Note Purchase Agreement (STAG Industrial, Inc.)

Litigation; Observance of Agreements, Statutes and Orders. (a) Other than as described below and except as disclosed in the Disclosure Documents, there There are no actions, suits, investigations or proceedings pending or, to the knowledge Knowledge of the Companysuch Obligor, threatened in writing against or affecting the Company or such Obligor, any Subsidiary of such Obligor or any property of the Company such Obligor or any such Subsidiary (including the Projects) in any court or before any arbitrator of any kind or before or by any Governmental Authority thatAuthority, except as set forth on Schedule 5.7 or as would not otherwise, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect. (b) Except as disclosed in the Disclosure Documents, neither the Company Neither such Obligor nor any Subsidiary thereof is (i) in default under any term of any agreement or instrument to which it is a party or by which it is bound, (ii) in violation of any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or (iii) in violation of any applicable law, ordinance, rule or regulation of any Governmental Authority (including, without limitation including Environmental Laws, the USA Patriot Act or any of the other laws and regulations that are referred to in Section 5.165.18), or (iii) in violation of any order, judgment, decree or ruling of any court, any arbitrator of any kind or any Governmental Authority, in each case of clauses (i), (ii) and (iii), which default or violationviolation would, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Note Purchase Agreement (MN8 Energy, Inc.), Note Purchase Agreement (New PubCo Renewable Power Inc.)

Litigation; Observance of Agreements, Statutes and Orders. (a) Other than Except as described below and except as disclosed set forth in the Disclosure DocumentsSchedule 5.8, there are no actions, suits, investigations suits or proceedings pending or, to the knowledge of the Company, threatened threatened, nor, to the knowledge of the Company, are there any investigations pending or threatened, in each case 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. (b) Except as disclosed in the Disclosure Documents, neither Neither the Company nor any Subsidiary is (i) in default under any term of any agreement or instrument to which it is a party or by which it is bound, (ii) in violation of or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or (iii) is in violation of any applicable law, ordinance, rule or regulation (including without limitation Environmental Laws or the USA Patriot Act) of any Governmental Authority (includingAuthority, without limitation Environmental Laws, the USA Patriot Act or any of the other laws and regulations that are referred to in Section 5.16), in each case which default or violation, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (International Flavors & Fragrances Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) Other than Except as described below and except as disclosed in the Disclosure DocumentsSchedule 5.8 attached hereto, there are no actions, suits, investigations or proceedings pending or, to the best knowledge of the Company, Securitization Parties threatened against or affecting the Company Securitization Parties or any Subsidiary or any property of the Company any Securitization 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, would reasonably be expected to have a Material Adverse Effect. (b) Except as disclosed in the Disclosure DocumentsNo Securitization Party, neither the Company nor or any Subsidiary is (i) in default under any term of any agreement or instrument to which it is a party or by which it is bound, (ii) in violation of any order, judgment, decree or ruling of any court, any arbitrator of any kind or any Governmental Authority or (iii) in violation of any applicable law, ordinance, rule or regulation of any Governmental Authority (including, without limitation Environmental Lawslimitation, the USA Patriot PATRIOT Act or any of the other laws and regulations that are referred to in Section 5.165.16 hereof), in each case which default or violationviolation could, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Hercules Capital, Inc.)

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Litigation; Observance of Agreements, Statutes and Orders. (a) Other than as described below and except 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, would reasonably be expected to have a Material Adverse Effect. (b) Except as disclosed in the Disclosure Documents, neither the Company nor any Subsidiary is (i) in default under any term of any agreement or instrument to which it is a AmericasActive:15422968.5 AmericasActive:15549680.1 party or by which it is bound, (ii) is in violation default under any term of any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or (iii) and is in violation of any applicable law, ordinance, rule or regulation of any Governmental Authority (including, including without limitation Environmental Laws, the USA Patriot PATRIOT Act or any of the other laws and regulations that are referred to in Section 5.16)) of any Governmental Authority, in each case which default or violationviolation could, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Bond Purchase Agreement (Delmarva Power & Light Co /De/)

Litigation; Observance of Agreements, Statutes and Orders. (a) Other than as described below and except Except as disclosed in the Disclosure DocumentsSchedule 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 Non-Recourse Pledgor or any property of the Company 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. (b) Except as disclosed in the Disclosure Documents, neither Neither the Company nor any Restricted Subsidiary nor any Non-Recourse Pledgor is (i) in default under any term of any agreement or instrument to which it is a party or by which it is bound, (ii) in violation of or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or (iii) is in violation of any applicable law, ordinance, rule or regulation (including Environmental Laws and the USA PATRIOT Act) of any Governmental Authority (includingAuthority, without limitation Environmental Laws, the USA Patriot Act or any of the other laws and regulations that are referred to in Section 5.16), in each case which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Tetra Technologies Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) 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, would reasonably be expected to have a Material Adverse Effect. (b) Except as disclosed in the Disclosure Documents, neither the Company nor any Subsidiary is (i) in default under any term of any agreement or instrument to which it is a party or by which it is bound, (ii) in violation of any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or (iii) in violation of any applicable law, ordinance, rule or regulation of any Governmental Authority (including, without limitation Environmental Laws, the USA Patriot Act or any of the other laws and regulations that are referred to in Section 5.16), in each case which default or violation, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Unitil Corp)

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