Litigation; Other Proceedings. Except as previously disclosed to and approved of in writing by the Lender, there is no action, suit or proceeding at law or equity, or before or by any governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, pending or, to the knowledge of the Borrower, threatened, against the Borrower or any of its property, which is reasonably likely to result in a Material Adverse Occurrence; and the Borrower is not in default with respect to any final judgment, writ, injunction, decree, rule or regulation of any court or governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, where such default would be a Material Adverse Occurrence.
Litigation; Other Proceedings. Except (i) as would not be reasonably expected to have, individually or in the aggregate, a Company Material Adverse Effect and (ii) for any litigation (or threatened litigation) concerning this Agreement or any of the Transactions or relating to the Company’s 2007 annual meeting of shareholders, there is no action, arbitration, suit, formal complaint (other than complaints by customers (other than carriers) in the ordinary course of business) or proceeding pending or, to the Company’s Knowledge, threatened against the Company or any of the Company Subsidiaries or any of their respective properties or assets or any of their respective officers or directors (in their capacity as officers or directors of the Company or any Company Subsidiary) before any Governmental Entity.
Litigation; Other Proceedings. Except (i) as would not be reasonably expected to have, individually or in the aggregate, a Parent Material Adverse Effect and (ii) for any litigation (or threatened litigation) concerning this Agreement or any of the Transactions, there is no action, arbitration, suit, formal complaint (other than complaints by customers (other than carriers) in the ordinary course of business) or proceeding pending or, to Parent’s Knowledge, threatened against Parent or any of the Parent Subsidiaries or any of their respective properties or assets or any of their respective officers or directors (in their capacity as officers or directors of Parent or any Parent Subsidiary) before any Governmental Entity.
Litigation; Other Proceedings. 1. On August 27, 1999, DT Finance Corporation, Car Sales, DTCC and Champion Financial Services, Inc. were served with a subpoena duces tecum from the State of Arizona office of the Attorney General Consumer Protection and Advocacy Section requesting information in connection with an investigation under the Consumer Fraud Act (A.R.S. §§ 44-1521 et. seq.).
Litigation; Other Proceedings. No portion of the Real Property of any Facility has been condemned or taken in any condemnation or similar proceeding. No action, suit, other proceeding or investigation (including, but not limited to, condemnation actions) is pending in any court or before any federal, state, county or municipal department, commission, board, bureau or agency or other governmental or quasi-governmental instrumentality or accrediting authority or before any arbitration tribunal or panel, or to the Seller's knowledge has been threatened, that concerns or involves (i) title, right to possession, or ownership of the Facilities, or (ii) the Seller's ability to perform its obligations under this Agreement and the other Transaction Documents. There are no proceedings pending, or to the Seller's knowledge threatened, which may result in the revocation, cancellation or suspension, or any adverse modification, of any Permit. No bankruptcy, insolvency, reorganization or similar action involving any Facility or any Subco or Magellan, whether voluntary or involuntary, is pending or to the Seller's knowledge threatened, and neither any Subco nor Magellan has any intention of filing any such action or proceeding.
Litigation; Other Proceedings. Except as set forth on Schedule 5.7, there are no (a) actions, suits, hearings, arbitrations, proceedings (public or private) or investigations, including special assessment proceedings or other proceedings to impose Liens, that have been brought by or against any Governmental Authority or any other Person (collectively, “Proceedings”) pending or, to the Knowledge of AMD, threatened, against or affecting any of the AMD Entities or the AMD Business Assets or (b) existing Judgments of any Governmental Authority affecting any of the AMD Entities or the AMD Business Assets, in each case under clauses (a) and (b), which, individually or in the aggregate, are reasonably likely to have, (i) a Material Adverse Effect on the Joint Venture or (ii) a material adverse effect on the ability of any AMD Entity to enter into and perform its obligations under the Transaction Documents to which it is a party (or is contemplated to be a party at Closing). There are no Proceedings pending or, to the Knowledge of AMD, threatened, against or affecting the AMD Entities or the AMD Business Assets which seek to enjoin or rescind the transactions contemplated by this Agreement or otherwise prevent any AMD Entity from complying with the terms and provisions of the Transaction Documents to which it is a party (or is contemplated to be a party at Closing).
Litigation; Other Proceedings. Except as set forth in letters of the Obligors delivered to the Owner Participant, or otherwise disclosed in writing to the Owner Participant prior to the execution hereof, there are no actions, suits, proceedings or investigations pending or, to the knowledge of either of the Obligors, threatened against or affecting either of the Obligors or of any of their respective Subsidiaries or any of their respective properties, at law or in equity, before or by any court or administrative or governmental body which relate to any action taken or to be taken by either of the Obligors under this Agreement or the other Transaction Documents (or which otherwise relate to any Transaction Document), or which relate to any of the Vessels or the use or operation thereof, or which in the aggregate would reasonably be expected (after taking into consideration insurance coverage) to have a Material Adverse Effect on either of the Obligors, and, to the knowledge of each Obligor, it is not in default with respect to any order of any court, governmental body or arbitrator relating to any of the Vessels, or if not relating to the Vessels, applicable to it, which default would reasonably be expected to have a Material Adverse Effect on either of the Obligors. For the purposes of this Section, the term “governmental body” includes any Federal, state, municipal or other governmental or intergovernmental department, commission, board, bureau, agency or instrumentality, domestic or foreign; and the term “order” includes any judgment, order, writ, injunction, award, determination, direction, decree or demand.
Litigation; Other Proceedings. There are no actions, suits, proceedings, arbitrations or investigations pending or, to the knowledge of HLL, threatened against or affecting HLL or any of its properties, at law, in equity or in admiralty, before or by any court, administrative or governmental body, environmental council or arbitrator which relate to any action taken or to be taken by HLL under this Agreement or the other Transaction Documents (or which otherwise relate to any Transaction Document), which could reasonably be expected to result in a Material Adverse Effect on HLL, and, to the knowledge of HLL, it is not in default with respect to any order of any court, governmental body or arbitrator applicable to it, which default could reasonably be expected to have a Material Adverse Effect on HLL. For the purposes of this Section, the term “governmental body” includes any federal, state, municipal or other governmental or intergovernmental department, commission, board, bureau, agency or instrumentality, or governmental or industry regulatory authority (including class), domestic or foreign, and the term “order” includes any judgment, order, writ, injunction, award, determination, direction, decree or demand.
Litigation; Other Proceedings. There are no actions, suits, proceedings or investigations pending or, to the knowledge of SFL, Holdings or the Owners, threatened against or affecting SFL, Holdings or any Owner or any of their properties, at law, in equity or in admiralty, before or by any court or administrative or governmental body which relate to any action taken or to be taken by SFL, Holdings or any Owner under this Agreement or the other Transaction Documents (or which otherwise relate to any Transaction Document), which, in the aggregate, could reasonably be expected to result in a Material Adverse Effect on SFL, Holdings or any Owner, and, to the knowledge of SFL, Holdings and the Owners, none of them is in default with respect to any order of any court, governmental body or arbitrator applicable to any of them, which default could reasonably be expected to have a Material Adverse Effect on any of them. For the purposes of this Section, the term “governmental body” includes any federal, state, municipal or other governmental or intergovernmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, and the term “order” includes any judgment, order, writ, injunction, award, determination, direction, decree or demand.
Litigation; Other Proceedings. Except as set forth on Schedule 6.7, there are no (a) Proceedings pending or, to the Knowledge of Fujitsu, threatened, against or affecting any of the Fujitsu Entities or the Fujitsu Business Assets or (b) existing Judgments of any Governmental Authority affecting any of the Fujitsu Entities or the Fujitsu Business Assets, in each case under clauses (a) and (b), which, individually or in the aggregate, are reasonably likely to have, (i) a Material Adverse Effect on the Joint Venture or (ii) a material adverse effect on the ability of any Fujitsu Entity to enter into and perform its obligations under the Transaction Documents to which it is a party (or is contemplated to be a party at Closing). There are no Proceedings pending or, to the Knowledge of Fujitsu, threatened, against or affecting the Fujitsu Entities or the Fujitsu Business Assets which seek to enjoin or rescind the transactions contemplated by this Agreement or otherwise prevent any Fujitsu Entity from complying with the terms and provisions of the Transaction Documents to which it is a party (or is contemplated to be a party at Closing).
