LITIGATION, PROCEEDINGS, DEFAULTS Sample Clauses

LITIGATION, PROCEEDINGS, DEFAULTS. Other than a lawsuit commenced by the Borrower against the State of Louisiana, Docket No. 434,700-D, pending in East Baton Rouge Xxxxxxx and the proceeding by the NASDAQ Stock Market to delist the Common Stock and warrants of the Borrower, there is no action, suit, investigation or proceeding pending against, or to the knowledge of the Borrower threatened against or affecting, Borrower or its assets before or by any court or arbitrator or any governmental body, agency, department, instrumentality or official. Borrower is not in violation of its Articles of Incorporation or Bylaws, and Borrower is not in violation of, or in default under any provision of any applicable law or regulation or of any agreement, judgment, injunction, order, decree or other instrument binding upon Borrower which violation or default (i) would effect the validity of this Agreement, the Note, or any other document or agreement executed or to be executed by Borrower pursuant hereto or in connection herewith, or (ii) would impair the ability of Borrower to perform in any material respect the obligations which it has under the Loan Documents, or any such other document or agreement.
Sample 1
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LITIGATION, PROCEEDINGS, DEFAULTS. Except as disclosed in UPC's or UPCH's consolidated financial statements for the fiscal year ended December 31, 2000, there is no action, suit or proceeding pending against or, to the knowledge of UPC, threatened against or affecting UPC, the Company, the Guarantor or any Significant Subsidiaries of UPC, before or by any court or arbitrator or any governmental body, agency or official in which there is a reasonable likelihood of an adverse decision that would (individually or in the aggregate) have a Material Adverse Effect. None of UPC, the Company, the Guarantor or any Significant Subsidiary of UPC is in violation of, or in default under, its charter or other organizational documents. None of UPC, the Company, the Guarantor or any Significant Subsidiary of UPC is in violation of, or in default under, any provision of any applicable law, rule or regulation or of any agreement (including without limitation the indentures in respect of the Existing High Yield Notes (including the Indenture) and the UPCD Facility Agreement), judgment, injunction, order, decree or other instrument binding upon it which violation or default would (individually or in the aggregate) reasonably be expected to (i) affect the validity of any of the Financing Documents or the Loan or any other document or agreement executed or to be executed by the Obligors or the Guarantor pursuant hereto or in connection herewith or (ii) have a Material Adverse Effect.
Sample 1
LITIGATION, PROCEEDINGS, DEFAULTS. Except as set forth in the Disclosure Documents, there are no actions, suits or proceedings pending or threatened with respect to the Company or the Parent that would reasonably be expected to have a materially adverse effect on (i) the business, properties, assets, operations or condition (financial or otherwise) or results of operations of the Company and the Parent taken as a whole or (ii) the rights or remedies of the Purchasers under the Basic Documents or on the ability of the Company and the Parent to perform their respective obligations under the Basic Documents.
Sample 1
LITIGATION, PROCEEDINGS, DEFAULTS. (i) There is no action, suit, investigation or proceeding pending against, or to the knowledge of the Company threatened against or affecting, the Company or its assets or any of the Series B Preferred Shares before or by any court or arbitrator or any governmental body, agency, department, instrumentality or official; (ii) the Company is not in violation of its Certificate of Incorporation or Bylaws; and (iii) the Company is not in violation of, or in default under, any provision of any applicable law or regulation or of any agreement, judgment, injunction, order, decree or other instrument binding upon the Company, which, in each case, would affect the validity of this Agreement or the Series B Preferred Shares or any other document or agreement executed or to be executed by the Company pursuant hereto or in connection herewith or would impair the ability of the Company to perform in any material respect the obligations which it has under this Agreement or any such other document or agreement.
Sample 1
LITIGATION, PROCEEDINGS, DEFAULTS. Except as disclosed on the SEC Reports or on Schedule 3(f) hereto, there is no action, suit, proceeding or investigation pending or, to the knowledge of the Company, threatened against or affecting the Company or any of the Subsidiaries or any of their respective properties before or by any court, governmental or regulatory authority (federal, state, local or foreign) which either (i) relates to or challenges the legality, validity or enforceability of this Agreement, or any other document or agreement to be executed and delivered by the Company pursuant hereto or in connection herewith, or (ii) if determined adversely (A) would have a material adverse effect on the condition (financial or otherwise), properties, assets, business or results of operations of the Company or the Subsidiaries, when taken as a consolidated whole (a "Material Adverse Effect") after giving effect to the transaction contemplated by this Agreement, or (B) could materially impair the ability or obligation of the Company or the Subsidiaries to perform fully on a timely basis any obligation which it has or will have under this Agreement or the other Transaction Documents, or any other agreement or document heretofore or hereafter to be executed by the Company pursuant hereto or in connection herewith. Neither the Company nor any of the Subsidiaries is in violation of its Certificate of Incorporation or By-Laws. Neither the Company nor any of the Subsidiaries is (i) in default under or in violation of any other material agreement or instrument to which it is a party or by which it or any of its properties are bound or affected, which default or violation would have a Material Adverse Effect, (ii) in default with respect to any order of any court, arbitrator or governmental body or subject to or party to any order of any court or governmental authority arising out of any action, suit or proceeding under any statute or other law respecting antitrust, monopoly, restraint of trade, unfair competition or similar matters, or (iii) in violation of any statute, rule or regulation of any governmental authority material to its business.
Sample 1
LITIGATION, PROCEEDINGS, DEFAULTS. Other than a lawsuit commenced by the Borrower against the State of Louisiana, Docket No. 434,700-D, pending in East Baton Rouge Parish and the lawsuit, MONARCH CASINOS, INC. OF LOUISIANA ET. AL. THE TRANS WORLD GAMING CORP., 15th Judicial District Court, Case No. 97-5037, division B, Lafayette Parish, Louisiana, there is no action, suit, investigation or proceeding pending against, or to the knowledge of the Borrower threatened against or affecting, Borrower or its assets before or by any court or arbitrator or any governmental body, agency, department, instrumentality or official. Borrower is not in violation of its Articles of Incorporation or Bylaws, and Borrower is not in violation of, or in default under any provision of any applicable law or regulation or of any agreement, judgment, injunction, order, decree or other instrument binding upon Borrower which violation or default (i) would effect the validity of this Agreement, the Note, or the Warrants or any other document or agreement executed or to be executed by Borrower pursuant hereto or in connection herewith, or (ii) would impair the ability of Borrower to perform in any material respect the obligations which it has under the Loan Documents or the Warrants, or any such other document or agreement.
Sample 1
LITIGATION, PROCEEDINGS, DEFAULTS. Except as set forth in the Disclosure Documents, there are no actions, suits or proceedings pending or threatened with respect to the Company or any of its Subsidiaries that would reasonably be expected to have a materially adverse effect on (i) the business, properties, assets, operations or condition (financial or otherwise) or results of operations of the Company or its Subsidiaries, taken as a whole, or (ii) the rights or remedies of the Purchasers under the Basic Documents or on the ability of the Company to perform its obligations under the Basic Documents.
Sample 1
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Related to LITIGATION, PROCEEDINGS, DEFAULTS

  • Litigation; Proceedings Except as specifically disclosed in the Disclosure Materials, there is no action, suit, notice of violation, proceeding or investigation pending or, to the best knowledge of the Company, threatened against or affecting the Company or any of its Subsidiaries or any of their respective properties before or by any court, governmental or administrative agency or regulatory authority (federal, state, county, local or foreign) which (i) adversely affects or challenges the legality, validity or enforceability of any Transaction Document or the Securities or (ii) could, individually or in the aggregate, have or result in a Material Adverse Effect.

  • Litigation and Proceedings There are no actions, suits, -------------------------- proceedings or investigations pending or, to the knowledge of the Company after reasonable investigation, threatened by or against the Company or affecting the Company or its properties, at law or in equity, before any court or other governmental agency or instrumentality, domestic or foreign, or before any arbitrator of any kind. The Company has no knowledge of any default on its part with respect to any judgment, order, writ, injunction, decree, award, rule or regulation of any court, arbitrator, or governmental agency or instrumentality, or any circumstance which after reasonable investigation would result in the discovery of such default.

  • Actions and Proceedings Lender has the right to appear in and defend any action or proceeding brought with respect to the Property and to bring any action or proceeding, in the name and on behalf of Borrower, which Lender, in its discretion, decides should be brought to protect its interest in the Property.

  • Litigation; Governmental Proceedings There is no action, suit, proceeding, inquiry, arbitration, investigation, litigation or governmental proceeding pending or, to the Company’s knowledge, threatened against, or involving the Company or, to the Company’s knowledge, any executive officer or director which has not been disclosed in the Registration Statement, the Pricing Disclosure Package and the Prospectus or in connection with the Company’s listing application for the listing of the Public Securities on the Exchange.

  • Events of Default Other Than Bankruptcy, Insolvency or Reorganization Proceedings If an Event of Default specified under Sections 9.1.1 through 9.1.10 shall occur and be continuing, the Lenders and the Administrative Agent shall be under no further obligation to make Loans and the Issuing Lender shall be under no obligation to issue Letters of Credit and the Administrative Agent may, and upon the request of the Required Lenders, shall (i) by written notice to the Borrower, declare the unpaid principal amount of the Notes then outstanding and all interest accrued thereon, any unpaid fees and all other Indebtedness of the Borrower to the Lenders hereunder and thereunder to be forthwith due and payable, and the same shall thereupon become and be immediately due and payable to the Administrative Agent for the benefit of each Lender without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, and (ii) require the Borrower to, and the Borrower shall thereupon, deposit in a non-interest-bearing account with the Administrative Agent, as cash collateral for its Obligations under the Loan Documents, an amount equal to the maximum amount currently or at any time thereafter available to be drawn on all outstanding Letters of Credit, and the Borrower hereby pledges to the Administrative Agent and the Lenders, and grants to the Administrative Agent and the Lenders a security interest in, all such cash as security for such Obligations; and

  • Arbitration Proceedings Arbitration between the parties will be subject to the following:

  • Actions; Proceedings There are no actions, suits or proceedings pending or, to the knowledge of the Assignor, threatened, before or by any court, administrative agency, arbitrator or governmental body (A) with respect to any of the transactions contemplated by this Assignment Agreement or (B) with respect to any other matter that in the judgment of the Assignor will be determined adversely to the Assignor and will, if determined adversely to the Assignor, materially adversely affect its ability to perform its obligations under this Assignment Agreement.

  • Court Proceedings Subject to the terms of this Agreement, First Majestic will cooperate with and assist Silvermex in seeking the Interim Order and the Final Order, including by providing Silvermex on a timely basis any information reasonably required to be supplied by First Majestic in connection therewith. Silvermex will provide legal counsel to First Majestic with reasonable opportunity to review and comment upon drafts of all material to be filed with the Court in connection with the Arrangement, and will give reasonable consideration to all such comments. Subject to applicable Law, Silvermex will not file any material with the Court in connection with the Arrangement or serve any such material, and will not agree to modify or amend materials so filed or served, except as contemplated by this Section 2.6 or with First Majestic’s prior written consent, such consent not to be unreasonably withheld, conditioned or delayed; provided, however, that nothing herein shall require First Majestic to agree or consent to any increase in consideration or other modification or amendment to such filed or served materials that expands or increases First Majestic’s obligations set forth in any such filed or served materials or under this Agreement or the Arrangement. Silvermex shall also provide to First Majestic’s legal counsel on a timely basis copies of any notice of appearance or other Court documents served on Silvermex in respect of the application for the Interim Order or the Final Order or any appeal therefrom and of any notice, whether written or oral, received by Silvermex indicating any intention to oppose the granting of the Interim Order or the Final Order or to appeal the Interim Order or the Final Order. Silvermex will ensure that all materials filed with the Court in connection with the Arrangement are consistent in all material respects with the terms of this Agreement and the Plan of Arrangement. In addition, Silvermex will not object to legal counsel to First Majestic making such submissions on the hearing of the motion for the Interim Order and the application for the Final Order as such counsel considers appropriate; provided, however, that Silvermex is advised of the nature of any submissions prior to the hearing and such submissions are consistent with this Agreement and the Plan of Arrangement. Silvermex will also oppose any proposal from any party that the Final Order contain any provision inconsistent with this Agreement, and, if at any time after the issuance of the Final Order and prior to the Effective Date, Silvermex is required by the terms of the Final Order or by Law to return to Court with respect to the Final Order, it shall do so after notice to, and in consultation and cooperation with, First Majestic.

  • Bankruptcy, Insolvency or Reorganization Proceedings If an Event of Default specified under Section 9.1.12 [Relief Proceedings] shall occur, the Lenders shall be under no further obligations to make Loans hereunder and the Issuing Lender shall be under no obligation to issue Letters of Credit and the unpaid principal amount of the Loans then outstanding and all interest accrued thereon, any unpaid fees and all other Indebtedness of the Borrower to the Lenders hereunder and thereunder shall be immediately due and payable, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived; and

  • Criminal Proceedings Any criminal complaint, indictment or criminal proceedings;

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