No Judgments or Litigation. Other than as disclosed on Schedule 5.9, no judgments, orders, writs or decrees are outstanding against such Credit Party or any of its Subsidiaries nor is there now pending or, to the best of such Credit Party’s knowledge after due inquiry, threatened any litigation, contested claim, investigation, arbitration, or governmental proceeding by or against such Credit Party or any of its Subsidiaries except judgments and pending or threatened litigation, contested claims, investigations, arbitrations and governmental proceedings which could not reasonably be expected to have a Material Adverse Effect. The matters disclosed on Schedule 5.9 are provided by the Credit Parties for information purposes only and none of such matters, individually or in the aggregate, could, as of the Closing Date, reasonably be expected to have a Material Adverse Effect for the purposes described in this Section 5.9; provided, however, if at any time after the Closing Date the representations set forth in this Section 5.9 become untrue with respect to the matters described on Schedule 5.9, individually or in the aggregate, no Event of Default shall be deemed to have occurred on the Closing Date, notwithstanding anything to the contrary set forth in Section 10.1(b), unless such representations were untrue in any material respect on the Closing Date.
Appears in 2 contracts
Samples: TransMontaigne Partners L.P., TLP Equity Holdings, LLC
No Judgments or Litigation. Other than as disclosed on Schedule 5.9, no No judgments, orders, writs or decrees are outstanding against such Credit Party or any of its Subsidiaries nor is there now pending or, to the best of such Credit Party’s knowledge after due inquiry, threatened any litigation, contested claim, investigation, arbitration, or governmental proceeding by or against such Credit Party or any of its Subsidiaries except judgments and pending or threatened litigation, contested claims, investigations, arbitrations and governmental proceedings which could not reasonably be expected to have a Material Adverse Effect. The matters disclosed on Schedule 5.9 6.10 are provided by the Credit Parties for information purposes only and none of such matters, individually or in the aggregate, could, as of the Closing Date, reasonably be expected to have a Material Adverse Effect for the purposes described in this Section 5.96.10; provided, however, if at any time after the Closing Date the representations set forth in this Section 5.9 6.10 become untrue with respect to the matters described on Schedule 5.96.10, individually or in the aggregate, no Event of Default shall be deemed to have occurred on the Closing Date, notwithstanding anything to the contrary set forth in Section 10.1(b11.1(b), unless such representations were untrue in any material respect on the Closing Date.
Appears in 2 contracts
Samples: Credit Agreement (TransMontaigne Partners L.P.), Credit Agreement (TransMontaigne Partners L.P.)