No Litigation or Proceeding. EFactor is not a party to, or the subject of, any pending litigation, claims, or governmental investigation or proceeding not reflected in EFactor Financial Statements, and to the Knowledge of EFactor there are no lawsuits, claims, assessments, investigations, or similar matters, threatened or contemplated against or affecting EFactor or the management or properties of EFactor.
No Litigation or Proceeding. HT is not a party to, or the subject of, any pending litigation, claims, or governmental investigation or proceeding not reflected in HT Financial Statements, and to the Knowledge of HT there are no lawsuits, claims, assessments, investigations, or similar matters, threatened or contemplated against or affecting HT or the management or properties of HT.
No Litigation or Proceeding. (a) Subject to Section 5.09(b), there is no action, suit, investigation, litigation or proceeding, including any Environmental Action, which has commenced against the Sponsor or any of its Subsidiaries or any of their respective properties to the knowledge of the Sponsor or to its knowledge, pending (but not yet commenced) against or threatened against, the Sponsor or any of its Subsidiaries or any of their respective properties before any Governmental Authority that (i) except for Disclosed Matters, if adversely determined, could reasonably be expected to have a Material Adverse Effect (other than matters described on Schedule 5.09 (the “Disclosed Litigation”)) or (ii) affects or could reasonably be expected to affect the legality, validity or enforceability of this Agreement or the performance by the Sponsor of its obligations hereunder.
(b) To the extent that the representation and warranty in Section 5.09(a) conforms to the representation and warranty in Section 4.01(e) of the Sponsor Credit Agreement or any other provision of any Sponsor Financing Document, if such corresponding representation and warranty in such Sponsor Financing Document is amended, supplemented, restated, waived or otherwise modified (whether in connection with an amendment, supplement, restatement, waiver or other modification of, or a replacement of, such Sponsor Financing Document, including as a result of a refinancing transaction), then Section 5.09(a) shall be deemed to be amended, supplemented, restated, waived, modified or replaced such that it conforms to the corresponding representation and warranty in such Sponsor Financing Document (after giving effect to such amendment, supplement, restatement, waiver, modification or replacement). For the avoidance of doubt, if, as a result of this provision, the representation and warranty contained in Section 5.09(a) as of the date of this Agreement is deemed to have been deleted and a subsequent amendment of, supplement to, other modification of or replacement of any Sponsor Financing Document contains a representation and warranty that clearly corresponds to such deleted representation and warranty, then such deleted representation and warranty shall be deemed to be reinstated (such that it conforms to the corresponding representation and warranty as in effect in the then current Sponsor Financing Document).
No Litigation or Proceeding. As of the date hereof, there are no actions, suits, investigations or proceedings pending or to the Company's knowledge threatened against the Company at law or in equity or before or by any federal, state, municipal or other governmental or non-governmental department, commission, board, bureau, agency or instrumentality seeking to enjoin, restrain or otherwise prevent the execution and delivery of this Agreement by the Company.
No Litigation or Proceeding. Seller represents and warrants that there is, to its knowledge, no litigation or governmental or agency investigation or governmental or agency proceeding including condemnation pending, nor, to the knowledge of Seller, threatened against Seller or the Property which would impair or adversely affect Seller's ability to perform its obligations under this Agreement.
No Litigation or Proceeding. There is no pending or threatened (in writing) litigation, investigation, action or proceeding of or before any court, arbitrator or Governmental Authority (i) seeking to restrain or prohibit the consummation of the transactions contemplated by the Transaction Documents to which Guarantor is party, (ii) purporting to affect the legality, validity or enforceability of any of the Transaction Documents to which Guarantor is party or (iii) against or affecting any of their respective properties or assets or the transactions contemplated by this Guaranty and the other Transaction Documents to which such Guarantor is a party, which in the case of this clause (iii) would reasonably be expected to have a Material Adverse Effect.
No Litigation or Proceeding. No litigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the Equity Investor’s knowledge, threatened against or affecting the Equity Investor or against or affecting any of its properties or assets or the transactions contemplated by this Agreement and the other Transaction Documents to which it is a party, which would reasonably be expected to have a Material Adverse Effect.
No Litigation or Proceeding. No action or proceeding shall have been instituted or threatened (with a reasonable basis therefor) in writing by any Governmental Authority or any other Person whatsoever by or against DVSL, the Parent, Devco or the Project, or any counterparty to a Project Document, in each case that seeks to or could reasonably impair, restrain, prohibit or invalidate the transactions contemplated by this Agreement, the other Transaction Documents, the Project Documents or the Financing Documents, or that could otherwise reasonably be expected to result in a Material Adverse Effect.
No Litigation or Proceeding. BnetEFactor is not a party to, or the subject of, any pending litigation, claims, or governmental investigation or proceeding not reflected in BnetEFactor Financial Statements, and to the Knowledge of BnetEFactor there are no lawsuits, claims, assessments, investigations, or similar matters, threatened or contemplated against or affecting BnetEFactor or the management or properties of BnetEFactor.
No Litigation or Proceeding. Superior is not a party to, or the subject of, any pending litigation, claims, or governmental investigation or proceeding not reflected in Superior Financial Statements, and to the Knowledge of Superior there are no lawsuits, claims, assessments, investigations, or similar matters, threatened or contemplated against or affecting Superior or the management or properties of Superior.
