Common use of Litigation Clause in Contracts

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 39 contracts

Samples: Abl Credit Agreement (AFG Holdings, Inc.), Credit Agreement (AFG Holdings, Inc.), Credit Agreement (Pinnacle Foods Inc.)

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Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of its the Restricted Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.

Appears in 35 contracts

Samples: Credit Agreement (JOANN Inc.), Credit Agreement (Life Time Group Holdings, Inc.), First Lien Credit Agreement (Convey Health Solutions Holdings, Inc.)

Litigation. There are no actions, suits, investigations or legal, equitable, arbitration or administrative proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries which would have or against any of their properties or revenues that either individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.

Appears in 26 contracts

Samples: Term Loan Agreement (Public Service Co of New Mexico), Term Loan Agreement (PNM Resources Inc), Term Loan Agreement (Public Service Co of New Mexico)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Restricted Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 17 contracts

Samples: Credit Agreement (SeaWorld Entertainment, Inc.), Credit Agreement (SeaWorld Entertainment, Inc.), Credit Agreement (Catalent, Inc.)

Litigation. There are no actions, suits, proceedings, claims suits or disputes proceedings at law or in equity by or before any Governmental Authority or other agency now pending and served or, to the best knowledge of the Borrower, threatened in writing or contemplatedagainst Borrower, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower Guarantor or any of its Subsidiaries Collateral, which actions, suits or proceedings, if determined against any of their properties Borrower, Guarantor or revenues that either individually or such Collateral, are reasonably likely to result in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 17 contracts

Samples: Loan Agreement (Digital Realty Trust, Inc.), Loan Agreement (Affordable Residential Communities Inc), Loan Agreement (Affordable Residential Communities Inc)

Litigation. There are is no actionsaction, suitssuit, proceedingsor proceeding, claims judicial, administrative, or disputes otherwise (including any condemnation or similar proceeding), pending or, to the best knowledge of the Borrower, threatened in writing or contemplatedcontemplated against, at lawor affecting, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could reasonably be expected to Property which would have a Material Adverse Effectmaterial adverse effect on either the Property or Borrower’s ability to perform its obligations.

Appears in 16 contracts

Samples: Agreement (60 East 42nd Street Associates L.L.C.), Security Agreement (250 West 57th St Associates L.L.C.), And Consolidated Mortgage and Security Agreement (Mack Cali Realty Corp)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its the Restricted Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.

Appears in 15 contracts

Samples: Credit Agreement (Ensemble Health Partners, Inc.), Credit Agreement (Superior Industries International Inc), Credit Agreement (BJ's Wholesale Club Holdings, Inc.)

Litigation. There are no actions, suits, proceedings, claims proceedings or disputes investigations pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authoritycourt or administrative or governmental agency that may, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues that either individually or in collectively, adversely affect the aggregate, could reasonably be expected to have a Material Adverse Effectfinancial condition or business operations of Borrower.

Appears in 14 contracts

Samples: Loan Facility Agreement and Guaranty (Aaron's Company, Inc.), Loan Facility Agreement and Guaranty (Aaron's Company, Inc.), Loan Facility Agreement (Aaron's Inc)

Litigation. There are no actions, suits, proceedings, claims suits or disputes proceedings pending or, to the knowledge of the Borrower, threatened in writing or contemplatedthreatened, at law, in equity, in arbitration or before any Governmental Authority, by or against any member of the Borrower or any of its Subsidiaries Consolidated Group or against any of their properties or revenues that either individually or in the aggregate, could aggregate would reasonably be expected to have a Material Adverse Effect.

Appears in 13 contracts

Samples: Revolving Credit Agreement (Akumin Inc.), Revolving Credit Agreement (Akumin Inc.), Revolving Credit Agreement (Akumin Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the any Borrower, overtly threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Parent Borrower or any of its Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.

Appears in 12 contracts

Samples: Possession Credit Agreement (iHeartMedia, Inc.), Credit Agreement (iHeartCommunications, Inc.), Credit Agreement (Clear Channel Communications Inc)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Restricted Subsidiaries or against any of their properties or revenues (i) as of the Closing Date, that either individually pertain to this Agreement, any other Loan Document or in the aggregate, could consummation of the Transactions or (ii) that would reasonably be expected to have a Material Adverse Effect.

Appears in 12 contracts

Samples: Credit Agreement (Warner Music Group Corp.), Credit Agreement (Warner Music Group Corp.), Credit Agreement (Warner Music Group Corp.)

Litigation. There are no actions, suits, proceedings, claims suits or disputes proceedings pending or, to the knowledge of the Borrower, threatened in writing or contemplatedthreatened, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries that (a) purport to call into question the validity or against enforceability of this Agreement or any other Loan Document, or any of their properties the transactions contemplated hereby, or revenues that (b) either individually or in the aggregate, could aggregate are reasonably be expected likely to have a Material Adverse Effect.

Appears in 12 contracts

Samples: Credit Agreement (Lowes Companies Inc), Credit Agreement (Lowes Companies Inc), Credit Agreement (Lowes Companies Inc)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerBorrowers, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower any Loan Party or any of its Subsidiaries or against any of their properties or revenues (other than actions, suits, proceedings and claims in connection with the Transaction) that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 12 contracts

Samples: Credit Agreement (Nielsen Holdings PLC), Fourth Amended (Nielsen Holdings N.V.), Fourth Amended and Restated Credit Agreement (Nielsen CO B.V.)

Litigation. There are no actions, suitsinvestigations, proceedings, claims suits or disputes proceedings pending or, to the knowledge of the Borrower, threatened in writing or contemplatedthreatened, at law, in equityequity or in arbitration, in arbitration or before any court, other Governmental AuthorityAuthority or other Person, by (i) against or against affecting the Borrower or Borrower, any of its Subsidiaries or against any of their respective properties or revenues that either individually or in the aggregatewould, could if adversely determined, be reasonably be expected likely to have a Material Adverse Effect, or (ii) with respect to this Agreement or any of the other Credit Documents.

Appears in 12 contracts

Samples: Credit Agreement (Old Dominion Freight Line Inc/Va), Credit Agreement (Old Dominion Freight Line Inc/Va), Credit Agreement (Old Dominion Freight Line Inc/Va)

Litigation. There are no actions, suits, proceedings, claims proceedings or disputes investigations pending or, to the knowledge of the Borrower's knowledge, threatened in writing or contemplated, at law, in equity, in arbitration by or before any Governmental Authoritycourt or any governmental authority, by body or against agency or any arbitration board which are reasonably likely to materially adversely affect the business, property, assets, financial position or results of operations of the Borrower or any the authority or ability of the Borrower to perform its Subsidiaries obligations under this Agreement or against any of their properties or revenues that either individually or in the aggregate, could reasonably be expected to have a Material Adverse EffectNotes.

Appears in 11 contracts

Samples: Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Five Year Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)

Litigation. There are no actions, suits, investigations, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries property that (a) purport to affect or against pertain to this Agreement or any other Loan Document, or any of their properties the transactions contemplated hereby or revenues that thereby, or (b) either individually or in the aggregate, aggregate has had or could reasonably be expected to have a Material Adverse Effect.

Appears in 10 contracts

Samples: Margin Loan Agreement (Liberty Broadband Corp), Margin Loan Agreement (Liberty Broadband Corp), Margin Loan Agreement (Liberty Broadband Corp)

Litigation. There are no actions, suits, proceedings, claims arbitrations or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration governmental investigations by or before any Governmental AuthorityAuthority or other court or agency now filed or otherwise pending, by and to Borrower’s knowledge there are no such actions, suits, proceedings, arbitrations or governmental investigations threatened in writing against the Borrower Borrower, Guarantor or any of its Subsidiaries or against the Collateral, in each case, (a) with respect to any of their properties the Loan Documents or revenues any of the transactions contemplated hereby or thereby or (b) that either individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.

Appears in 10 contracts

Samples: Loan Agreement (Sears Holdings Corp), Loan Agreement, Loan Agreement (Sears Holdings Corp)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries Restricted Subsidiary, or against any of their properties or revenues that either individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.

Appears in 10 contracts

Samples: First Lien Credit Agreement (ZoomInfo Technologies Inc.), First Lien Credit Agreement (V2X, Inc.), Credit Agreement (Allison Transmission Holdings Inc)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerLoan Parties, overtly threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against any member of the Borrower or any of its Subsidiaries Restricted Group or against any of their properties or revenues that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 10 contracts

Samples: Credit Agreement (Liberty Latin America Ltd.), Credit Agreement (Liberty Latin America Ltd.), Credit Agreement (Liberty Latin America Ltd.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerResponsible Officers of the Loan Parties, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries Subsidiary or against any of their properties or revenues that either individually or in the aggregatethat, if determined adversely, could reasonably be expected to have a Material Adverse Effect.

Appears in 10 contracts

Samples: Credit Agreement (Sisecam Chemicals USA Inc.), Credit Agreement (Ciner Enterprises Inc.), Credit Agreement (Ciner Resources LP)

Litigation. There are no actions, suits, proceedings, claims or disputes pending orpending, or to the best knowledge of the each Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by against any Borrower, or against the Borrower its Subsidiaries or any of its Subsidiaries or against any of their respective properties or revenues that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.which:

Appears in 8 contracts

Samples: Credit Agreement (McKesson Corp), Credit Agreement, Credit Agreement (McKesson Corp)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its the Restricted Subsidiaries or against any of their properties or revenues that either would reasonably be expected to have, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 8 contracts

Samples: Credit Agreement (Solo Brands, Inc.), Credit Agreement (GFL Environmental Inc.), Credit Agreement (Solo Brands, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 8 contracts

Samples: Credit Agreement (Greenbrier Companies Inc), Credit Agreement (Greenbrier Companies Inc), Credit Agreement (Greenbrier Companies Inc)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower any Loan Party or any of its Subsidiaries or against any of their properties or revenues (other than actions, suits, proceedings and claims in connection with the Transactions) that either individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.

Appears in 8 contracts

Samples: Credit Agreement (Entercom Communications Corp), Credit Agreement (CBS Corp), Credit Agreement (CBS Radio Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerBorrowers, threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the any Borrower or any of its Restricted Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.

Appears in 7 contracts

Samples: Credit Agreement (Fidelity National Information Services, Inc.), Credit Agreement (Fidelity National Information Services, Inc.), Credit Agreement (Fidelity National Information Services, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending orpending, or to the its knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower it or any of its Subsidiaries or against any of their properties or revenues that that, either individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.

Appears in 7 contracts

Samples: Receivables Purchase Agreement (OUTFRONT Media Inc.), Master Framework Agreement (OUTFRONT Media Inc.), QRS Purchase and Sale Agreement (OUTFRONT Media Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the any Borrower, threatened in writing or contemplatedthreatened, at law, in equity, in arbitration or before any Governmental Authority, by or against the any Borrower or any of its Subsidiaries Restricted Subsidiary or against any of their properties that (a) purport to affect or revenues that pertain to this Agreement or any other Loan Document, or any of the transactions contemplated hereby, or (b) either individually or in the aggregate, aggregate could reasonably be expected to have a Material Adverse Effect.

Appears in 7 contracts

Samples: Credit Agreement (World Fuel Services Corp), Credit Agreement (World Fuel Services Corp), Credit Agreement (World Fuel Services Corp)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, or threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues that either individually (a) purport to affect or in pertain to this Agreement or any other Loan Document, or any of the aggregate, transactions contemplated hereby or (b) could reasonably be expected to have a Material Adverse Effect.

Appears in 7 contracts

Samples: Credit Agreement (Joy Global Inc), Credit Agreement (Joy Global Inc), Credit Agreement (Joy Global Inc)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, Borrowers threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower Borrowers or any of its Subsidiaries Restricted Subsidiary, or against any of their properties or revenues that either individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.

Appears in 7 contracts

Samples: Credit Agreement (Ortho Clinical Diagnostics Holdings PLC), Credit Agreement (Ortho Clinical Diagnostics Holdings PLC), Credit Agreement (Ortho Clinical Diagnostics Holdings PLC)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries Restricted Subsidiary or against any of their properties or revenues that have a reasonable likelihood of adverse determination and such determination, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 7 contracts

Samples: Credit Agreement (Global Eagle Entertainment Inc.), Credit Agreement (Global Eagle Entertainment Inc.), Credit Agreement (Jason Industries, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings or the Borrower or any of its Subsidiaries the Borrower’s Restricted Subsidiaries, or against any of their properties or revenues that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 6 contracts

Samples: Credit Agreement, Credit Agreement (Syniverse Holdings Inc), Assignment and Assumption (Syniverse Holdings Inc)

Litigation. There are no actions, suits, proceedings, claims claims, disputes or disputes investigations of or before any Governmental Authority, pending or, to the knowledge of the Borrowerany Group Member, threatened in writing or contemplatedwriting, at law, law or in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries Restricted Subsidiary or against any of their properties or revenues that (a) either individually or in the aggregate, aggregate could reasonably be expected to have a Material Adverse EffectEffect or (b) purport to affect or pertain to this Agreement or any other Loan Document or any of the transactions contemplated hereby.

Appears in 6 contracts

Samples: Credit Agreement (Pure Storage, Inc.), Credit Agreement (Teradyne, Inc), Credit Agreement (Teradyne, Inc)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrowerany Borrower after reasonable investigation, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower Company or any of its Subsidiaries or against any of their properties or revenues that either individually (a) purport to affect or in pertain to this Agreement or any other Loan Document, or any of the aggregate, transactions contemplated hereby or (b) could reasonably be expected to have a Material Adverse Effect.

Appears in 6 contracts

Samples: Credit Agreement (Teledyne Technologies Inc), Credit Agreement (Teledyne Technologies Inc), Term Loan Credit Agreement (Teledyne Technologies Inc)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerBorrower after reasonable investigation, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues that either individually (a) purport to affect or in pertain to this Agreement or any other Loan Document, or any of the aggregate, transactions contemplated hereby or (b) could reasonably be expected to have a Material Adverse Effect.

Appears in 6 contracts

Samples: Term Loan Credit Agreement (Teledyne Technologies Inc), Credit Agreement (Teledyne Technologies Inc), Credit Agreement

Litigation. There are no actions, suits, proceedings, disputes or known claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues that either revenues, except as set forth in Schedule 3.15, or which individually or in the aggregate, could not reasonably be expected to have result in a Material Adverse Effect.

Appears in 6 contracts

Samples: Credit Agreement (Puget Sound Energy Inc), Credit Agreement (Puget Sound Energy Inc), Collateral Agency Agreement (Puget Sound Energy Inc)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document, or (b) either individually or in the aggregate, aggregate could reasonably be expected to have a Material Adverse Effect.

Appears in 6 contracts

Samples: Credit Agreement (Timken Co), Assignment and Assumption (Timken Co), Credit Agreement (TimkenSteel Corp)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerBorrower after due and diligent investigation, threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower any Loan Party or any of its Subsidiaries or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement, any other Loan Document, or any of the transactions contemplated hereby, or (b) either individually or in the aggregate, aggregate could reasonably be expected to have a Material Adverse Effect.

Appears in 6 contracts

Samples: Assignment and Assumption (American Assets Trust, L.P.), Credit Agreement (American Assets Trust, L.P.), Credit Agreement (American Assets Trust, L.P.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending orpending, or to the best knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the General Partner, the MLP, the Borrower or any of its Subsidiaries or against any of their respective properties or revenues that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.which:

Appears in 6 contracts

Samples: Credit Agreement (Ferrellgas Finance Corp), Credit Agreement (Ferrellgas Partners Finance Corp), Term Revolving Credit Agreement (Ferrellgas Partners Finance Corp)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its the Restricted Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could aggregate would reasonably be expected to have a Material Adverse Effect.

Appears in 6 contracts

Samples: And Restatement Agreement, Credit Agreement (Sabre Corp), Credit Agreement (Sabre Corp)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of Holdings or the Borrower, threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against any member of the Borrower or any of its Subsidiaries Restricted Group or against any of their properties or revenues that that, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Credit Agreement (Surgery Partners, Inc.), Credit Agreement (Surgery Partners, Inc.), Credit Agreement (Surgery Partners, Inc.)

Litigation. There are no actions, suits, proceedings, claims proceedings or disputes investigations pending or, to the knowledge of the Borrower’s knowledge, threatened in writing or contemplated, at law, in equity, in arbitration by or before any court or any Governmental Authority, by body or against agency or any arbitration board which are reasonably likely to materially adversely affect the business, financial position or results of operations of the Borrower and its Consolidated Entities, taken as a whole or any the authority or ability of the Borrower to perform its Subsidiaries obligations under this Agreement or against any of their properties or revenues that either individually or in the aggregate, could reasonably be expected to have a Material Adverse EffectNotes.

Appears in 5 contracts

Samples: Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Lead Borrower, threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the Lead Borrower or any of its Restricted Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Credit Agreement (Trinseo PLC), Credit Agreement (Trinseo S.A.), Credit Agreement (Trinseo S.A.)

Litigation. There are no actions, suits, proceedingsclaims, claims disputes or disputes proceedings at law or in equity by or before any Governmental Authority now pending or, to the best of the knowledge of Holdings, or the Borrower, threatened in writing against or contemplatedaffecting any Group Member or any business, at law, in equity, in arbitration property or before rights of any Governmental Authority, by Group Member (i) that purport to affect or against the Borrower involve any Loan Document or any of its Subsidiaries the Transactions or against any of their properties or revenues (ii) that either could, individually or in the aggregate, could reasonably be expected to have result in a Material Adverse Effect.

Appears in 5 contracts

Samples: Credit Agreement (FreightCar America, Inc.), Credit Agreement (Pacific Investment Management Co LLC), Credit Agreement (Pacific Investment Management Co LLC)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerBorrowers, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Parent Borrower or any of its Subsidiaries or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document, or (b) either individually or in the aggregate, aggregate could reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Credit Agreement (Leslie's, Inc.), Credit Agreement (Leslie's, Inc.), Credit Agreement (Leslie's, Inc.)

Litigation. There are no actions, suits, proceedings, claims proceedings or disputes investigations pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authoritycourt, by tribunal or against the Borrower administrative or any of its Subsidiaries or against any of their properties or revenues governmental agency that either may, individually or in collectively, adversely affect the aggregate, could reasonably be expected to have a Material Adverse Effectfinancial condition or business operations of Borrower.

Appears in 5 contracts

Samples: Loan Facility Agreement and Guaranty (Aaron's Company, Inc.), Loan Facility Agreement and Guaranty (Aaron's Company, Inc.), Loan Facility Agreement (Aaron's Inc)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, Borrowers threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower Borrowers or any of its Subsidiaries Restricted Subsidiary, or against any of their properties or revenues that either individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Credit Agreement (Axalta Coating Systems Ltd.), Credit Agreement (Axalta Coating Systems Ltd.), Credit Agreement (Axalta Coating Systems Ltd.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its the Restricted Subsidiaries or against any of their properties or revenues that either would reasonably be expected to have, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: First Lien Credit Agreement (Authentic Brands Group Inc.), Credit Agreement (Impax Laboratories Inc), Credit Agreement (Impax Laboratories Inc)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues Restricted Subsidiaries, that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (Tribune Media Co), Credit Agreement (Chicagoland Television News, LLC), Assignment and Assumption (Tribune Media Co)

Litigation. (a) There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerBorrowers, threatened in writing or contemplatedthreatened, at law, in equity, in arbitration or before any Governmental Authority, by or against the Parent Borrower or any of its Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, aggregate could reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Term Loan Credit Agreement (Vista Outdoor Inc.), Revolving Credit Agreement (Vista Outdoor Inc.), Revolving Credit Agreement (Vista Outdoor Inc.)

Litigation. There are no actions, suits, proceedings, claims claims, investigations or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues that (a) affect or pertain to this Agreement or any other Loan Document, or any of the transactions contemplated hereby, or (b) either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Term Loan Agreement (Healthpeak Properties, Inc.), Credit Agreement (Healthpeak Properties, Inc.), Credit Agreement (Hcp, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerHoldings, overtly threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower Borrowers or any of its the Restricted Subsidiaries or against any of their properties or revenues (other than actions, suits, proceedings and claims in connection with the Transaction) that either individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Syndicated Facility Agreement, Syndicated Facility Agreement (DTZ Jersey Holdings LTD), Syndicated Facility Agreement (DTZ Jersey Holdings LTD)

Litigation. There are no actions, suits, proceedings, investigations, claims or disputes pending or, to the knowledge of the BorrowerLoan Parties, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower Borrowers or any of its their respective Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (Armstrong Flooring, Inc.), Credit Agreement (Armstrong World Industries Inc), Credit Agreement (Armstrong World Industries Inc)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Restricted Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: First Lien Credit Agreement (Sterling Check Corp.), Credit Agreement (Michaels Companies, Inc.), Credit Agreement (Michaels Companies, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the any Borrower, threatened in writing or contemplatedthreatened, at law, in equity, in arbitration or before any Governmental Authority, by or against the such Borrower or any of its Restricted Subsidiaries or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document or any of the transactions contemplated hereby, or (b) either individually or in the aggregate, aggregate could reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (Benchmark Electronics Inc), Credit Agreement (Benchmark Electronics Inc), Credit Agreement (Benchmark Electronics Inc)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerHoldings or any Restricted Subsidiary, threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower Holdings or any of its Subsidiaries Restricted Subsidiary or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document or (b) either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (ClubCorp Holdings, Inc.), Credit Agreement (ClubCorp Holdings, Inc.), Credit Agreement (ClubCorp Club Operations, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerBorrowers, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower any Loan Party or any of its Subsidiaries or against any of their properties or revenues (other than actions, suits, proceedings and claims in connection with the Transactions) that either individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (OUTFRONT Media Inc.), Credit Agreement (OUTFRONT Media Inc.), Credit Agreement (OUTFRONT Media Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower any Loan Party or any of its the Restricted Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Abl Credit Agreement (Mattress Firm Group Inc.), Credit Agreement (Mattress Firm Group Inc.), Abl Credit Agreement (Mattress Firm Group Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower Company or any of its Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (Sungard Data Systems Inc), Credit Agreement (Sungard Capital Corp Ii), Credit Agreement (Sungard Capital Corp Ii)

Litigation. There are no actions, suits, proceedings, claims suits or disputes proceedings pending against or, to the knowledge of the Borrower, threatened in writing against or contemplatedaffecting, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any Significant Subsidiary in any court or before or by any governmental department, agency or instrumentality, in which there is a reasonable possibility of an adverse decision which would materially and adversely affect the financial condition or business of the Borrower and its Subsidiaries or against any of their properties or revenues that either individually or in the aggregateSubsidiaries, could reasonably be expected to have taken as a Material Adverse Effectwhole.

Appears in 4 contracts

Samples: Credit Agreement (Harcourt General Inc), Credit Agreement (Harcourt General Inc), Credit Agreement (Nick Acquisition Corp)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerServicer, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower any Outfront Party or any of its their Subsidiaries or against any of their properties or revenues that that, either individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Receivables Purchase Agreement (OUTFRONT Media Inc.), Receivables Purchase Agreement (OUTFRONT Media Inc.), Receivables Purchase Agreement (OUTFRONT Media Inc.)

Litigation. There are no actions, suits, investigations, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document, or any of the transactions contemplated hereby, or (b) either individually or in the aggregate, could aggregate would reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Second Lien Credit Agreement (Memc Electronic Materials Inc), Credit Agreement (Sunedison, Inc.), Credit Agreement (Memc Electronic Materials Inc)

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Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of its Restricted Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Term Loan Credit Agreement (CommScope Holding Company, Inc.), Term Loan Credit Agreement (CommScope Holding Company, Inc.), Credit Agreement (CommScope Holding Company, Inc.)

Litigation. There are no actions, suits, proceedings, investigations, claims or disputes pending or, to the knowledge of the BorrowerLoan Parties, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (Armstrong World Industries Inc), Credit Agreement (Armstrong World Industries Inc), Credit Agreement (Armstrong World Industries Inc)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower Holdings or any of its Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (Travelport LTD), Credit Agreement (Travelport LTD), Credit Agreement (S.D. Shepherd Systems, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerBorrower after due and diligent investigation, threatened in writing or contemplatedthreatened, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, if determined adversely, could reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (Vista Outdoor Inc.), Credit Agreement (Vista Outdoor Inc.), Credit Agreement (Vista Outdoor Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Holdings or any Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower Holdings or any of its Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit and Guaranty Agreement (Education Management Corporation), Credit and Guaranty Agreement (Education Management LLC), Credit and Guaranty Agreement (AID Restaurant, Inc.)

Litigation. There are no actions, suits, proceedingsinvestigations or legal, claims equitable, arbitration or disputes administrative proceedings pending or, to the knowledge of the any Borrower, threatened in writing against or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower affecting Xxxxxxxxx or any of its Subsidiaries or against any of their properties or revenues that either (a) purport to affect or pertain to any Loan Document or (b) if determined adversely, could reasonably be expected, individually or in the aggregate, could reasonably be expected to have result in a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (Carpenter Technology Corp), Credit Agreement (Carpenter Technology Corp), Credit Agreement (Carpenter Technology Corp)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of its the Subsidiaries or against any of their properties or revenues Affiliated Practice that either individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (LifeStance Health Group, Inc.), Credit Agreement (LifeStance Health Group, Inc.), Credit Agreement (LifeStance Health Group, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower any Loan Party or any of its Subsidiaries Restricted Subsidiary or against any of their properties or revenues that have a reasonable likelihood of adverse determination and such determination, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (Playa Hotels & Resorts N.V.), Credit Agreement (Playa Hotels & Resorts N.V.), Credit Agreement (Playa Hotels & Resorts N.V.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of its the Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (Avaya Inc), Credit Agreement (Avaya Inc), Credit Agreement (Avaya Inc)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerBorrower after due and diligent investigation, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues that either individually (a) purports to affect the legality, validity or in enforceability of any Loan Document or the aggregateconsummation of the transactions contemplated hereby, or (b) could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Orbital Sciences Corp /De/), Credit Agreement (Orbital Sciences Corp /De/), Credit Agreement (Orbital Sciences Corp /De/)

Litigation. There are no actions, suits, proceedings, claims claims, investigations or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at lawLaw, in equity, in arbitration or before any Governmental AuthorityAuthority or Third Party Payor, by or against the Borrower or Borrower, any of its Subsidiaries or any Related Professional Corporation or against any of their properties or revenues that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Team Health Holdings Inc.), Credit Agreement (Team Health Holdings Inc.), Credit Agreement (Team Health Holdings Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower any Loan Party or any of its Subsidiaries subsidiaries or against any of their properties or revenues that either could, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Bridge Loan Agreement (Lyondell Chemical Co), Bridge Loan Agreement (Lyondell Chemical Co), Bridge Loan Agreement (Lyondell Chemical Co)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower any Loan Party or any of its Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Senior Secured Loan Agreement (Nielsen Holdings B.V.), Senior Secured Loan Agreement (Nielsen Holdings B.V.), Senior Secured Loan Agreement (Nielsen CO B.V.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerBorrower after due and diligent investigation, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or against any of its Subsidiaries or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement, or any Related Document, or (b) except as specifically disclosed to the Lender, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Northstar Realty Finance Corp.), Credit Agreement (NorthStar Asset Management Group Inc.), Credit Agreement (NorthStar Asset Management Group Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues that either which (a) purport to affect or pertain to this Agreement or any other Loan Document, or any of the transactions contemplated hereby, or (b) individually or in the aggregatecollectively, could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Cash America International Inc), Credit Agreement (Cash America International Inc), Credit Agreement (Cash America International Inc)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document, or the consummation of the Transaction, or (b) either individually or in the aggregate, aggregate could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement, Credit Agreement (Post Holdings, Inc.), Credit Agreement (Post Holdings, Inc.)

Litigation. There are no actions, suits, proceedings, claims suits or disputes proceedings pending against or, to the knowledge of the Borrower, threatened in writing against or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against affecting the Borrower or any Subsidiary in any court or before or by any governmental department, agency or instrumentality, an adverse decision in which could materially and adversely affect the financial condition or business of the Borrower or the ability of the Borrower to perform its Subsidiaries obligations under this Agreement or against any of their properties or revenues that either individually or in the aggregate, could reasonably be expected to have a Material Adverse EffectNotes.

Appears in 3 contracts

Samples: Credit Agreement (Bemis Co Inc), Credit Agreement (Bemis Co Inc), Bridge Credit Agreement (Bemis Co Inc)

Litigation. There are no actions, suits, proceedings, claims proceedings or disputes investigations pending or, to the knowledge of the Borrower’s knowledge, threatened in writing or contemplated, at law, in equity, in arbitration by or before any court or any Governmental Authority, by body or against agency or any arbitration board which are reasonably likely to materially adversely affect the business, financial position or results of operations of the Borrower or any the authority or ability of the Borrower to perform its Subsidiaries obligations under this Agreement or against any of their properties or revenues that either individually or in the aggregate, could reasonably be expected to have a Material Adverse EffectNotes.

Appears in 3 contracts

Samples: Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)

Litigation. There are no actions, suitssuits or legal, proceedingsequitable, claims arbitration or disputes administrative proceedings pending or, to the knowledge of the Borrower, investigations against or actions, suits or legal, equitable, arbitration or administrative proceedings threatened in writing against, or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against affecting the Borrower or any of its Subsidiaries or against Restricted Subsidiaries, in any of their properties or revenues case, that either individually or in the aggregate, could reasonably be expected to have result in a Material Adverse Effect.

Appears in 3 contracts

Samples: Term Loan Credit Agreement (MKS Instruments Inc), Term Loan Credit Agreement (MKS Instruments Inc), Security Agreement (MKS Instruments Inc)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower Borrower, or any of its the Restricted Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (JOANN Inc.), Credit Agreement (JOANN Inc.), Intercreditor Agreement (JOANN Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerBorrowers, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower any Loan Party or any of its Subsidiaries or against any of their properties or revenues that either could, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (LyondellBasell Industries N.V.), Credit Agreement (Lyondell Chemical Co), Revolving Credit Agreement (Lyondell Chemical Co)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower Loan Parties or any of its the Other Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Security Agreement (Vivint Solar, Inc.), Security Agreement (Vivint Solar, Inc.), Credit Agreement (Vivint Solar, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the such Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the such Borrower or any of its Subsidiaries Subsidiary or against any of their properties or revenues that either individually (a) purport to affect or in pertain to this Agreement or any other Loan Document, or any of the aggregate, transactions contemplated hereby or (b) could reasonably be expected to have a Material Adverse Effect.. 5.07

Appears in 3 contracts

Samples: Credit Agreement (Raymond James Financial Inc), Credit Agreement (Raymond James Financial Inc), Credit Agreement (Raymond James Financial Inc)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the any Borrower, threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the any Borrower or any of its their Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, aggregate could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Novanta Inc), Credit Agreement (Novanta Inc), Credit Agreement (Novanta Inc)

Litigation. There are no actions, suits, proceedings, claims proceedings or disputes investigations pending or, to the knowledge of the Borrower’s knowledge, threatened in writing or contemplated, at law, in equity, in arbitration by or before any Governmental Authoritycourt or any governmental authority, by body or against agency or any arbitration board which are reasonably likely to materially adversely affect the business, property, assets, financial position or results of operations of the Borrower or any the authority or ability of the Borrower to perform its Subsidiaries obligations under this Agreement or against any of their properties or revenues that either individually or in the aggregate, could reasonably be expected to have a Material Adverse EffectNotes.

Appears in 3 contracts

Samples: Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Term Loan Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Assignment and Assumption Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Restricted Subsidiaries or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document, or the consummation of the Transactions or (b) either individually or in the aggregate, aggregate could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Bridge Facility Agreement (Bellring Brands, Inc.), Bridge Facility Agreement (Post Holdings, Inc.), Bridge Facility Agreement (Post Holdings, Inc.)

Litigation. There are no actions, suits, proceedings, disputes or known claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues that either revenues, except as described in the Merger Agreement or as set forth in Schedule 5.15, or which individually or in the aggregate, could not reasonably be expected to have result in a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Puget Energy Inc /Wa), Credit Agreement (Puget Energy Inc /Wa), Credit Agreement (Puget Energy Inc /Wa)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerBorrower after due and diligent investigation, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or against any of its Subsidiaries or against any of their properties or revenues that either individually (a) purport to affect or in pertain to this Agreement or any other Loan Document, or any of the aggregate, transactions contemplated hereby or (b) could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Voya PRIME RATE TRUST), Credit Agreement (Voya PRIME RATE TRUST), Credit Agreement (Voya PRIME RATE TRUST)

Litigation. There are no actions, suits, investigations, proceedings, claims or disputes pending orpending, or to the best knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.respective properties:

Appears in 3 contracts

Samples: Credit Agreement (Regis Corp), Credit Agreement (Regis Corp), Credit Agreement (Regis Corp)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower any Loan Party or any of its Subsidiaries or against any of their properties or revenues (other than actions, suits, proceedings and claims in connection with the Transactions) that either individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Avanos Medical, Inc.), Credit Agreement (Halyard Health, Inc.), Credit Agreement (Halyard Health, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document, or any of the transactions contemplated hereby, or (b) either individually or in the aggregate, aggregate could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Quidel Corp /De/), Credit Agreement (Quidel Corp /De/), Credit Agreement (Quidel Corp /De/)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues in respect of the Transactions that either individually has had or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Assignment and Assumption (PBF Energy Inc.), Assignment and Assumption (PBF Logistics LP), Term Loan and Security Agreement (PBF Logistics LP)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrowerpending, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower any Loan Party or any of its Subsidiaries or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document, or any of the transactions contemplated hereby or (b) either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Biocryst Pharmaceuticals Inc), Credit Agreement (Biocryst Pharmaceuticals Inc), Credit Agreement (Cti Biopharma Corp)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerBorrower after due and diligent investigation, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document, or (b) either individually or in the aggregate, aggregate could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (On Assignment Inc), Credit Agreement (On Assignment Inc), Credit Agreement (On Assignment Inc)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerBorrowers, threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower Parent or any of its the Restricted Subsidiaries or against any of their properties or revenues (other than actions, suits, proceedings and claims in connection with the Transactions) that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Uniti Group Inc.), Credit Agreement (Uniti Group Inc.), Credit Agreement (Communications Sales & Leasing, Inc.)

Litigation. There are no actions, suitsclaims, proceedingssuits or proceedings pending, claims or disputes pending or, to the knowledge of the Borrower, threatened or reasonably anticipated against or affecting Borrower in writing or contemplated, at law, in equity, in arbitration any court or before any Governmental Authorityarbitrator, by government commission, board, bureau or against the Borrower or any of its Subsidiaries or against any of their properties or revenues that either individually or in the aggregateother administrative agency that, could if adversely determined, may reasonably be expected to have a Material Adverse Effectresult in any material and adverse change in the business, operations, assets, licenses, qualifications or financial condition of Borrower.

Appears in 3 contracts

Samples: Revolving Credit and Security Agreement (ECC Capital CORP), Credit and Security Agreement (Fieldstone Investment Corp), Revolving Credit and Security Agreement (Technical Olympic Usa Inc)

Litigation. There are no actions, suits, investigations or legal, equitable, arbitration or administrative proceedings, claims or disputes pending or, to the knowledge of the such Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the such Borrower or any of its Subsidiaries which would have or against any of their properties or revenues that either individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (PNM Resources Inc), Credit Agreement (PNM Resources Inc), Credit Agreement (PNM Resources Inc)

Litigation. There are no actions, suits, proceedings, claims suits or disputes proceedings pending or, to the knowledge of the Borrower, threatened in writing against or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against affecting the Borrower or any of its Subsidiaries properties before any court or against arbitrator, or any of their properties governmental department, board, agency or revenues that either individually or in other instrumentality which, if determined adversely to the aggregateBorrower, could reasonably be expected to have a Material constitute an Adverse EffectEvent.

Appears in 3 contracts

Samples: Discretionary Credit Agreement (Medicalcv Inc), Credit Agreement (Medicalcv Inc), Credit and Term Loan Agreement (Aura Systems Inc)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries Loan Parties or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document, or (b) except as set forth on Schedule 4.6, either individually or in the aggregate, if determined adversely, could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Term Loan Agreement (Golden Queen Mining Co LTD), Term Loan Agreement (Golden Queen Mining Co LTD), Term Loan Agreement (Golden Queen Mining Co LTD)

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