Common use of No Litigation; No Order Clause in Contracts

No Litigation; No Order. No action, suit or proceeding relating to the transactions contemplated by this Agreement or any Ancillary Agreement (the "Transactions") shall be pending that in the reasonable good faith judgment of Purchaser (i) seeks to restrain or prevent any of the Transactions and has a reasonable probability of success or (ii) is reasonably likely to have a material adverse effect on the assets, business, prospects, properties, operations or conditions (financial or otherwise) of the Company and its Subsidiaries, taken as a whole and no order (including, without limitation, a temporary restraining order), decree, writ, judgment or injunction shall be in effect that restrains, enjoins or prevents the consummation of the transactions contemplated by this Agreement or any Ancillary Agreement (collectively, "Litigation"). (h)

Appears in 1 contract

Samples: Securities Purchase Agreement (Leaf Mountain Co LLC)

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No Litigation; No Order. No action, suit or proceeding relating to the transactions contemplated by this Agreement or any Ancillary Agreement (the "Transactions") shall be pending that in the reasonable good faith judgment of such Purchaser (i) seeks to restrain or prevent any of the Transactions and has a reasonable probability of success or (ii) is reasonably likely to have a material adverse effect on the assets, business, prospects, properties, operations or conditions (financial or otherwise) of the Company and its Subsidiaries, taken as a whole whole, and no order (including, without limitation, a temporary restraining order), decree, writ, judgment or injunction shall be in effect that restrains, enjoins or prevents the consummation of the transactions contemplated by this Agreement or any Ancillary Agreement (collectively, "Litigation"). (h);

Appears in 1 contract

Samples: Securities Purchase Agreement (Electric City Corp)

No Litigation; No Order. No action, suit or proceeding relating to the transactions contemplated by this Agreement or any Ancillary Agreement (the "Transactions") shall be pending that in the reasonable good faith judgment of at least three (3) of the Purchasers (with MSDW and OIP being deemed a single Purchaser for this purpose) (i) seeks to restrain or prevent any of the Transactions and has a reasonable probability of success or (ii) is reasonably likely to have a material adverse effect on the assets, business, prospects, properties, operations or conditions (financial or otherwise) of the Company and its Subsidiaries, taken as a whole and no order (including, without limitation, a temporary restraining order), decree, writ, judgment or injunction shall be in effect that restrains, enjoins or prevents the consummation of the transactions contemplated by this Agreement or any Ancillary Agreement (collectively, "Litigation"). (h).

Appears in 1 contract

Samples: Securities Purchase Agreement (Electric City Corp)

No Litigation; No Order. No action, suit or proceeding relating to the transactions contemplated by this Agreement or any Ancillary Agreement (the "Transactions") shall be pending that in the reasonable good faith judgment of such Purchaser (i) seeks to restrain or prevent any of the Transactions and has a reasonable probability of success or (ii) is reasonably likely to have a material adverse effect on the assets, business, prospects, properties, operations or conditions (financial or otherwise) of the Company and its Subsidiaries, taken as a whole whole, and no order (including, without limitation, a temporary restraining order), decree, writ, judgment or injunction shall be in effect that restrains, enjoins or prevents the consummation of the transactions contemplated by this Agreement or any Ancillary Agreement (collectively, "Litigation"). (h);

Appears in 1 contract

Samples: Securities Purchase Agreement (Electric City Corp)

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No Litigation; No Order. No action, suit or proceeding relating to the transactions contemplated by this Agreement or any Ancillary Agreement (the "Transactions") shall be pending that in the reasonable good faith judgment of Purchaser (i) seeks to restrain or prevent any of the Transactions and has a reasonable probability of success or (ii) is reasonably likely to have a material adverse effect on the assets, business, prospects, properties, operations or conditions (financial or otherwise) of the Company and its Subsidiaries, taken as a whole whole, and no order (including, without limitation, a temporary restraining order), decree, writ, judgment or injunction shall be in effect that restrains, enjoins or prevents the consummation of the transactions contemplated by this Agreement or any Ancillary Agreement (collectively, "Litigation"). (h);

Appears in 1 contract

Samples: Securities Purchase Agreement (Electric City Corp)

No Litigation; No Order. No action, suit or proceeding relating to the transactions contemplated by this Agreement or any Ancillary Agreement (the "Transactions") shall be pending that in the reasonable good faith judgment of Purchaser (i) seeks to restrain or prevent any of the Transactions and has a reasonable probability of success or (ii) is reasonably likely to have a material adverse effect on the assets, business, prospects, properties, operations or conditions (financial or otherwise) of the Company and its Subsidiaries, taken as a whole and no order (including, without limitation, a temporary restraining order), decree, writ, judgment or injunction shall be in effect that restrains, enjoins or prevents the consummation of the transactions contemplated by this Agreement or any Ancillary Agreement (collectively, "Litigation"). (h);

Appears in 1 contract

Samples: Securities Purchase Agreement (Electric City Corp)

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