No Adverse U.S. Legislation, Action or Decision. No legislation, order, rule, ruling or regulation shall have been enacted or made by or on behalf of any governmental body, department or agency of the United States, nor shall any decision of any court of competent jurisdiction within the United States have been rendered which, in the reasonable judgment of the Investors, could have a Material Adverse Effect on the Company and the Subsidiaries on a consolidated basis. There shall be no action, suit, investigation or proceeding pending or threatened, against or affecting any of the Investors, any of their respective properties or rights, or any of their respective Affiliates, associates, officers or directors, before any court, arbitrator or administrative or governmental body which (i) seeks to restrain, enjoin, prevent the consummation of or otherwise affect the transactions contemplated by this Agreement and the other Transaction Documents, or (ii) questions the validity or legality of any such transactions or seeks to recover damages or to obtain other relief in connection with any such transactions, and there shall be no valid basis for any such action, proceeding or investigation.
Appears in 3 contracts
Samples: Convertible Preferred Stock Purchase Agreement (American Realty Capital Properties, Inc.), Common Stock Purchase Agreement (American Realty Capital Properties, Inc.), Convertible Preferred Stock Purchase Agreement (American Realty Capital Properties, Inc.)
No Adverse U.S. Legislation, Action or Decision. No legislation, order, rule, ruling or regulation shall have been enacted or made by or on behalf of any governmental body, department or agency of the United States, nor shall any decision of any court of competent jurisdiction within the United States have been rendered which, in the Purchaser’s reasonable judgment of the Investorsjudgment, could have a Material Adverse Effect on the Company REIT and the Subsidiaries on a consolidated basis. There shall be no action, suit, investigation or proceeding pending or threatened, against or affecting any of the InvestorsPurchaser, any of their respective its properties or rights, or any of their respective its Affiliates, associates, officers or directors, before any court, arbitrator or administrative or governmental body which (i) seeks to restrain, enjoin, prevent the consummation of or otherwise affect the transactions contemplated by this Agreement and the other Transaction Documents, or (ii) questions the validity or legality of any such transactions or seeks to recover damages or to obtain other relief in connection with any such transactions, and there shall be no valid basis for any such action, proceeding or investigation.
Appears in 2 contracts
Samples: Securities Purchase Agreement (American Realty Capital Properties, Inc.), Securities Purchase Agreement (American Realty Capital Properties, Inc.)
