No Bankruptcy, Litigation. There has not been filed any petition or application, or any proceedings commenced, by or against, or with respect to any assets of, the Seller, under Title 11 of the United States Code or any other law, domestic or foreign, relating to bankruptcy, reorganization, compromise, arrangement, insolvency, readjustment of debt or creditors’ rights, and the Seller has not made any assignment for the benefit of creditors. The Seller is not a party in any litigation or similar Proceeding.
No Bankruptcy, Litigation. To Seller’s Knowledge (i) the Mortgaged Property is not subject to any bankruptcy proceeding or foreclosure proceeding and the Obligor has not filed for protection under applicable bankruptcy laws, (ii) there is no pending litigation involving any Obligor to which Seller or any of Seller’s affiliates is a party with respect to any Asset, and (iii) there are no pending foreclosure proceedings with respect to any Mortgaged Property or any other collateral securing any Loan.
No Bankruptcy, Litigation. As of the date of this Agreement, Merchant does not contemplate and has not filed any petition for bankruptcy protection under Title 11 of the United States Code and there has been no involuntary petition brought or pending against Merchant. Merchant further warrants that it does not anticipate filing any such bankruptcy petition and it does not anticipate that an involuntary petition will be filed against it. There is no action, suit or investigation pending or, to Merchant’s or Owner’s knowledge, threatened against it or any of its assets, before any court or governmental authority which, if determined adversely to it, would have a material adverse effect on Merchant’s business.
No Bankruptcy, Litigation. There has not been filed any petition or application, or any proceedings commenced, by or against, or with respect to any assets of, the Company or BFI, under Title 11 of the United States Code or any other law, domestic or foreign, relating to bankruptcy, reorganization, compromise, arrangement, insolvency, readjustment of debt or creditors’ rights, and neither the Company nor BFI has made any assignment for the benefit of creditors. Except as set forth in Schedule 5.5 neither the Company nor BFI is a party in any litigation or similar Proceeding.
No Bankruptcy, Litigation. As of the date of this Agreement, Borrower does not contemplate and has not filed any petition for bankruptcy protection under Title 11 of the United States Code and there has been no involuntary petition brought or pending against Borrower. Borrower further warrants that it does not anticipate filing any such bankruptcy petition and it does not anticipate that an involuntary petition will be filed against it. There is no action, suit or investigation pending or, to Borrower’s or Owner’s knowledge, threatened against it or any of its assets, before any court or governmental authority which, if determined adversely to it, would have a material adverse effect on Borrower’s business.
No Bankruptcy, Litigation. There has not been filed any petition or application, or any proceedings commenced, by or against, or with respect to any assets of Inti, under Title 11 of the United States Code or any other law, domestic or foreign, relating to bankruptcy, reorganization, compromise, arrangement, insolvency, readjustment of debt or creditors’ rights, and the Inti has not made any assignment for the benefit of creditors. Inti is not a party in any litigation or similar Proceeding.
No Bankruptcy, Litigation. There has not been filed any petition or application, or any proceedings commenced, by or against, or with respect to any assets of, the Seller relating to bankruptcy, reorganization, compromise, arrangement, insolvency, readjustment of debt or creditors’ rights; and the Seller has not made any assignment for the benefit of creditors. The Seller is not a party in any litigation or similar proceeding that may impose an Encumbrance on the Purchased Assets.
