Litigation or Proceeding. No litigation, investigation, inquiry or governmental proceeding is pending or, to the best knowledge of the Mesirow Entities, threatened against or affecting the Skyline Trust or the properties, assets or business of the Skyline Trust before any court, arbitrator or federal, state, local or foreign governmental or regulatory agency or authority or self-regulatory authority (including, but not limited to, the SEC, the Commodities Futures Trading Commission, the National Association of Securities Dealers and the Internal Revenue Service) that would be reasonably likely to have a Material Adverse Effect on any Skyline Fund or delay, hinder or prohibit the solicitation of proxies from shareholders of the Skyline Trust in the manner contemplated hereby, or the execution or delivery of the New Fund Contracts by the Skyline Trust.
Litigation or Proceeding. No litigation is pending, or to the best of Seller’s knowledge, threatened, and no investigation, inquiry or governmental proceeding is pending or, to the best of Seller’s knowledge, threatened against the FBR Series Funds or against Seller or its Affiliates and affecting the FBR Series Funds before any court, arbitrator or federal, state, local or foreign governmental or regulatory agency or authority or self-regulatory authority (including, but not limited to, the Commission, the Commodities Futures Trading Commission and the Internal Revenue Service) that would be reasonably likely to materially and adversely affect the business operations or financial condition of the FBR Series Funds or materially delay, materially hinder or prohibit the solicitation of proxies from shareholders of the FBR Series Funds.
Litigation or Proceeding. Attached hereto is an accurate list and summary description (Schedule 4.20) of all litigation or proceedings with respect to the Business or the Assets to which Seller is a party, including charges of discrimination and administrative agency complaints. Except to the extent set forth on Schedule 4.20; (i) there are no claims, actions, suits, proceedings or investigations by any governmental agency or regulatory body pending or, to the Knowledge of Seller, threatened against or affecting Seller; (ii) Seller has not received notice of any threatened actions, suits, proceedings or investigations against Seller, the Business, or the Assets, at law or in equity, or before or by any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality wherever located; (iii) there are no outstanding judgments against Seller, the Business or the Assets; (iv) there is no labor dispute affecting the Business; and (v) Seller has no Knowledge of any facts or circumstances which might reasonably form the basis for any such action, suit or proceeding.
Litigation or Proceeding. No litigation is pending or threatened, and no investigation, inquiry or governmental proceeding is pending or, to the best of Buyer's knowledge, threatened against or affecting the Xxxxxxxx Funds (or any of them) before any court, arbitrator or federal, state, local or foreign governmental or regulatory agency or authority or self- regulatory authority (including, but not limited to, the Commission, the Commodities Futures Trading Commission and the Internal Revenue Service) that would be reasonably likely to materially and adversely affect the business operation's or financial condition of the Xxxxxxxx Funds (or any of them).
Litigation or Proceeding. Except as set forth on Schedule 7.5 hereto, there is no litigation, bankruptcy proceeding, arbitration or governmental proceeding pending, or to the knowledge of Borrower or any Guarantor threatened, against Borrower or any Guarantor which, if 13055898.5 determined adversely to such entity, would have a material adverse effect on the condition (financial or otherwise), business, property or operations of such entity.
Litigation or Proceeding. With the exception of the litigation listed on Schedule 4.15 hereto (the “Litigation”), there are no claims, judgments, orders, suits, actions, garnishments, attachments or proceedings of any nature by or before any court, commission, board or other governmental body pending, or to the knowledge of Seller threatened, which involve or affect, or could involve or
(a) the Assets, (b) the legal use of the Assets, (c) Seller’s title to the Assets, (d) the validity or enforceability of this Agreement, (e) any risk of any judgment or liability being imposed upon Seller which could materially adversely affect the financial condition of Seller or Seller’s ability, power or right to observe or perform fully its agreements and obligations hereunder, including without limitation the conveyance of the Assets to Buyer. Seller has filed a claim under a valid and adequate insurance policy for each and every matter contained in the Litigation (which insurance policy shall not require any deductible or other payment in connection with the filing, performance or payment of each such claim), if any, and each such claim has been accepted by the applicable insurance company and the proper defense of such claim has been tendered at the sole cost and expense of such insurance company (including the cost of all attorneys’ fees).
Litigation or Proceeding. There are no claims, judgments, orders, suits, actions, garnishments, attachments or proceedings of any nature by or before any court, commission, board or other governmental body pending, or to the knowledge of Seller threatened, which involve or affect, or could involve or affect: (a) the Assets, (b) the legal use of the Assets, (c) Seller’s title to the Assets, (d) the validity or enforceability of this Agreement, (e) any risk of any judgment or liability being imposed upon Seller which could materially adversely affect the financial condition of Seller or Seller’s ability, power or right to observe or perform fully its agreements and obligations hereunder, including without limitation the conveyance of the Assets to Buyer. Seller has filed a claim under a valid and adequate insurance policy for each and every matter contained in the Litigation (which insurance policy shall not require any deductible or other payment in connection with the filing, performance or payment of each such claim), if any, and each such claim has been accepted by the applicable insurance company and the proper defense of such claim has been tendered at the sole cost and expense of such insurance company (including the cost of all attorneys’ fees).
Litigation or Proceeding. No litigation is pending or threatened, and no investigation, inquiry or governmental proceeding is pending or, to the best of Licensor's knowledge, threatened against or affecting O'Shaughnessy Funds, Inc. or either of the O'Shaughnessy Funds beforx xxx xxxxx, arbitrator or federal, state, xxxxx xx xxxxign governmental or regulatory agency or authority or self-regulatory authority (including, but not limited to, the Commission, the Commodities Futures Trading Commission and the Internal Revenue Service) that would be reasonably likely to materially and adversely affect the business operation's or financial condition of O'Shaughnessy Funds, or either of the O'Shaughnessy Funds or materiaxxx xxxxx, xxterially hinder or prohibxx xxx xxxxxxtation of proxies from shareholders of either of the O'Shaughnessy Funds.
Litigation or Proceeding. No litigation is pending, or to the Knowledge of Seller, threatened, and no investigation, inquiry or governmental proceeding is pending or, to the Knowledge of Seller, threatened against the Westport Series or against Seller or its Affiliates and affecting the Westport Series before any court, arbitrator or federal, state, local or foreign governmental or regulatory agency or authority or self-regulatory authority (including, but not limited to, the Commission, the Commodities Futures Trading Commission and the Internal Revenue Service).
Litigation or Proceeding. No litigation is pending or, to the Knowledge of the Seller, threatened, and no investigation, inquiry, or governmental proceeding is pending or, to the Knowledge of Seller, threatened against the TwinLine Funds or against Seller or its Affiliates and affecting the TwinLine Funds before any court, arbitrator, or federal, state, local, or foreign governmental or regulatory agency, authority, or self-regulatory authority (including, but not limited to, the Commission, the Commodities Futures Trading Commission, and the Internal Revenue Service).
