No Material Litigation. No litigation, investigation or ---------------------- proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Company, threatened by or against the Company, any of its employee benefit programs, policies or Plans or against any of its properties or revenues (a) with respect to the Loan Documents or any of the transactions contemplated thereby, or (b) which would have a material adverse effect on the business, operations, property or financial or other condition of the Company.
Appears in 2 contracts
Samples: Credit Agreement (Capital Automotive Reit), Credit Agreement (Capital Automotive Reit)
No Material Litigation. No litigation, investigation ---------------------- or ---------------------- proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Company, threatened by or against the Company, Company or any of its employee benefit programs, policies or Plans Subsidiaries or against any of its or their respective properties or revenues (a) with respect to any of the Loan Documents Documents, the Xxxxxx Automotive Acquisition or any of the transactions contemplated therebyhereby, or (b) which would could reasonably be expected to have a material adverse effect on the business, operations, property or financial or other condition of the CompanyMaterial Adverse Effect.
Appears in 2 contracts
Samples: 364 Day Revolving Credit Agreement (Federal Mogul Corp), Loan Agreement (Federal Mogul Corp)
No Material Litigation. No litigation, investigation or ---------------------- administrative proceeding of or before any court, arbitrator or Governmental Authority governmental authority is pending or, to the knowledge of the Company’s knowledge, threatened by or against the Company, Company or any of its employee benefit programs, policies or Plans or against any of its properties or revenues assets (a) with respect to the this Agreement, any other Loan Documents Document or any of the transactions contemplated thereby, hereby or (b) which would the results of which, in the opinion of the Company and its counsel are likely to have a material adverse effect on the business, operations, property or financial or other condition of the CompanyMaterial Adverse Affect.
Appears in 1 contract
Samples: Credit Agreement (Tracinda Corp)
No Material Litigation. No litigation, investigation or proceeding ---------------------- proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Company, threatened by or against the Company, Company or any of its employee benefit programs, policies or Plans Designated Subsidiary or against any of its or their respective properties or revenues (a) with respect to this Agreement, the Notes, any Application or any other Loan Documents Document or any of the transactions contemplated thereby, hereby or thereby or (b) which would could have a material adverse effect Material Adverse Effect, except with respect to matters described on the business, operations, property or financial or other condition of the CompanySchedule VII.
Appears in 1 contract
Samples: Credit Agreement (Dairy Mart Convenience Stores Inc)
No Material Litigation. No litigation, investigation or ---------------------- proceeding of or before any arbitrator or Governmental Authority governmental authority is pending or, to the knowledge of the Company, company threatened by or against the Company, any of its employee benefit programs, policies or Plans Company or against any of its respective properties or revenues (ai) with respect to the Loan Documents this Agreement or any of the transactions contemplated therebyhereby, or (bii) which would could reasonably be expected to have a material adverse effect on the business, operations, property or financial or other condition of the CompanyMaterial Adverse Effect.
Appears in 1 contract
No Material Litigation. No litigation, investigation or ---------------------- proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Company, threatened by or against the Company, Company or any of its employee benefit programs, policies or Plans Subsidiaries or against any of its or their respective properties or revenues (a) with respect to the Loan Documents or any of the transactions contemplated thereby, or (b) which would have a Material Adverse Effect or a material adverse effect on the business, operations, property validity or financial enforceability of this Agreement or other condition any of the CompanyNotes or the rights or remedies of the Administrative Agent or the Banks hereunder or thereunder.
Appears in 1 contract
No Material Litigation. No litigation, investigation or ---------------------- proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Company, threatened by or against the Company, Company or any of its employee benefit programs, policies or Plans Subsidiaries or against any of its or their respective properties or revenues (a) with respect to the this Agreement or any Loan Documents or any of the transactions contemplated thereby, hereby or (b) except as previously disclosed in filings with the SEC, which would reasonably be expected to have a material adverse effect on the business, operations, property or financial or other condition of the CompanyMaterial Adverse Effect.
Appears in 1 contract
Samples: Credit Agreement (Wyeth)
No Material Litigation. No litigation, investigation or ---------------------- proceeding of or before any arbitrator or Governmental Authority governmental authority is pending or, to the knowledge of the Company, threatened by or against the Company, any of its employee benefit programs, policies or Plans Company or against any of its respective properties or revenues (ai) with respect to the Loan Documents this Agreement or any of the transactions contemplated therebyhereby, or (bii) which would could reasonably be expected to have a material adverse effect on the business, operations, property or financial or other condition of the CompanyMaterial Adverse Effect.
Appears in 1 contract
Samples: Bridge Loan Agreement (First Responder Systems & Technology Inc.)
No Material Litigation. No litigation, investigation or proceeding ---------------------- proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Company, threatened by or against the Company, Company or any of its employee benefit programs, policies or Plans Subsidiaries or against any of its or their respective properties or revenues (a) with respect to the Loan Documents or any of the transactions contemplated thereby, or (b) which would have a Material Adverse Effect or a material adverse effect on the business, operations, property validity or financial enforceability of this Agreement or other condition any of the CompanyNotes or the rights or remedies of the Administrative Agent or the Banks hereunder or thereunder.
Appears in 1 contract
Samples: Credit Agreement (First Data Corp)
No Material Litigation. No litigation, investigation or ---------------------- proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Company, threatened by or against the Company, Company or any of its employee benefit programs, policies or Plans Subsidiaries or against any of its or their respective properties or revenues (a) with respect that purports and is reasonably likely to affect the legality, validity or enforceability of any of the Loan Documents or any of the transactions contemplated thereby, hereby or thereby or (b) which would is reasonably expected to have a material adverse effect on the business, operations, property or financial or other condition of the CompanyMaterial Adverse Effect.
Appears in 1 contract
Samples: Multi Currency Credit Agreement (Harman International Industries Inc /De/)
No Material Litigation. No litigation, investigation or ---------------------- proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the CompanyBorrower, threatened by or against the Company, Borrower or any of its employee benefit programs, policies or Plans Subsidiaries or against any of its or their respective properties or revenues (a) with respect to any of the Loan Documents, the Xxxxx'x Acquisition Documents or any of the transactions contemplated hereby or thereby, or (b) which would could reasonably be expected to have a material adverse effect on the business, operations, property or financial or other condition of the CompanyMaterial Adverse Effect.
Appears in 1 contract
No Material Litigation. No litigation, investigation or ---------------------- administrative proceeding of or before any court, arbitrator or Governmental Authority is pending or, to the knowledge of the Company's knowledge, threatened by or against the Company, Company or any of its employee benefit programs, policies or Plans or against any of its properties or revenues assets (a) with respect to the Loan Facility Documents or any of the transactions contemplated thereby, Borrowings hereunder or (b) which that would have a material adverse effect on the business, operations, property assets or financial or other condition of the Company.
Appears in 1 contract
No Material Litigation. No litigation, investigation or ---------------------- proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Company, threatened by or against the Company, any of its employee benefit programs, policies or Plans or against any of its properties or revenues (a) with respect to the Loan Documents or any of the transactions contemplated thereby, or (b) which would could have a material adverse effect on the business, operations, property or financial or other condition of the Company.
Appears in 1 contract
No Material Litigation. No litigation, investigation or ---------------------- proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Company, threatened by or against the Company, Company or any of its employee benefit programs, policies or Plans Subsidiaries or against any of its or their respective properties or revenues (a) with respect to any of the Loan Documents Documents, the Transactions or any of the transactions contemplated therebyhereby, or (b) which would could reasonably be expected to have a material adverse effect on the business, operations, property or financial or other condition of the CompanyMaterial Adverse Effect.
Appears in 1 contract
Samples: Second Amended and Restated Credit Agreement (Federal Mogul Corp)
No Material Litigation. No litigation, investigation or ---------------------- proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Company, threatened by or against the Company, Company or any of its employee benefit programs, policies or Plans Subsidiaries or against any of its or their respective properties or revenues (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby, or (b) the NOKIA Acquisition or (c) which would is reasonably expected to have a material adverse effect on the business, operations, property or financial or other condition of the CompanyMaterial Adverse Effect.
Appears in 1 contract
Samples: Credit Agreement (Harman International Industries Inc /De/)
No Material Litigation. No litigation, investigation or ---------------------- proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Company, threatened by or against the Company, Company or any of its employee benefit programs, policies or Plans Subsidiaries or against any of its or their respective properties or revenues (a) with respect to any of the Loan Documents or any of the transactions contemplated therebyhereby, or (b) which would could reasonably be expected to have a material adverse effect on the business, operations, property or financial or other condition of the CompanyMaterial Adverse Effect.
Appears in 1 contract
No Material Litigation. No litigation, investigation or ---------------------- proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Company, threatened by or against the Company, Company or any of its employee benefit programs, policies or Plans Subsidiaries or against any of its or their respective properties or revenues (a) with respect to the Loan Documents this Agreement or any Note or any of the transactions contemplated thereby, or (b) hereby which would could reasonably be expected to have a material adverse effect on the business, operations, property or financial or other condition of the CompanyCompany and its Subsidiaries taken as a whole.
Appears in 1 contract
No Material Litigation. No litigation, investigation or ---------------------- proceeding of or before any arbitrator arbitrator, court or Governmental Authority is pending or, to the knowledge of the Company, threatened by or against the Company, any of Company or its employee benefit programs, policies or Plans subsidiaries or against any of its their respective properties or revenues (a) with respect which is likely to the Loan Documents or any of the transactions contemplated therebybe adversely determined and which, or (b) which would if adversely determined, is likely to have a material adverse effect on the business, operations, property or financial or other condition of the CompanyMaterial Adverse Effect.
Appears in 1 contract
Samples: Contingent Convertible Note Purchase Agreement (Diedrich Coffee Inc)
No Material Litigation. No litigation, investigation or ---------------------- proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Company, threatened by or against the Company, Company or any of its employee benefit programs, policies or Plans Subsidiaries or against any of its or their respective properties or revenues (a) with respect to any of the Loan Documents or any of 71 65 the transactions contemplated hereby or thereby, or (b) which would could reasonably be expected to have a material adverse effect on the business, operations, property or financial or other condition of the CompanyMaterial Adverse Effect.
Appears in 1 contract
No Material Litigation. No litigation, investigation or ---------------------- proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Company, threatened by or against the Company, Company or any of its employee benefit programs, policies or Plans Subsidiaries or against any of its or their respective properties or revenues (a) with respect to the Loan Documents this Agreement or any Note or any of the transactions contemplated therebyhereby, or (b) which would could reasonably be expected to have a material adverse effect on the business, operations, property or financial or other condition of the Company.Company and its Subsidiaries taken as a whole. 30
Appears in 1 contract
No Material Litigation. No litigation, investigation or ---------------------- ----------------------------------- proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Company, threatened by or against the Company, Company or any of its employee benefit programs, policies or Plans Subsidiaries or against any of its or their respective properties or revenues (a) with respect to any of the Loan Documents or any of the transactions contemplated therebyhereby, or (b) which would could reasonably be expected to have a material adverse effect on the business, operations, property or financial or other condition of the CompanyMaterial Adverse Effect.
Appears in 1 contract
No Material Litigation. No litigation, investigation or ---------------------- proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Company, threatened by or against the Company, Company or any of its employee benefit programs, policies or Plans Subsidiaries or against any of its or their respective properties or revenues (a) with respect to any of the Loan Documents or Recapitalization Documents or any of the transactions contemplated thereby, hereby or thereby except as disclosed on Schedule 6.6 or (b) which would could reasonably be expected to have a material adverse effect on the business, operations, property or financial or other condition of the CompanyMaterial Adverse Effect.
Appears in 1 contract
Samples: Credit Agreement (Juno Lighting Inc)
No Material Litigation. No litigation, investigation or ---------------------- proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Company, threatened by or against the Company, Company or any of its employee benefit programs, policies or Plans Subsidiaries or against any of its or their respective properties or revenues (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby, or (b) which would could reasonably be expected to have a material adverse effect Material Adverse Effect, except as set forth on the business, operations, property or financial or other condition of the CompanySchedule 4.6.
Appears in 1 contract
No Material Litigation. No litigation, investigation or ---------------------- proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Company, threatened by or against the Company, any of its employee benefit programs, policies or Plans or against any of its properties or revenues (a) with respect to the Loan Documents or any of the transactions contemplated thereby, or (b) which would could have a material adverse effect on the business, operations, property or financial or other condition of the Company.
Appears in 1 contract
No Material Litigation. No litigation, investigation or ---------------------- administrative proceeding of or before any court, arbitrator or Governmental Authority governmental authority is pending or, to the knowledge of the Company's knowledge, threatened by or against the Company, Company or any of its employee benefit programs, policies or Plans or against any of its properties or revenues assets (a) with respect to the this Agreement, any other Loan Documents Document or any of the transactions contemplated thereby, hereby or (b) which would the results of which, in the opinion of the Company and its counsel are likely to have a material adverse effect on the business, operations, property or financial or other condition of the CompanyMaterial Adverse Affect.
Appears in 1 contract
Samples: Credit Agreement (Kerkorian Kirk)
No Material Litigation. No litigation, investigation or ---------------------- proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Company, threatened by or against the Company, Company or any of its employee benefit programs, policies or Plans Subsidiaries or against any of its or their respective properties or revenues (a) with respect to any of the Loan Documents Documents, the Refinancing or any of the transactions contemplated therebyhereby, or (b) which would could reasonably be expected to have a material adverse effect on the business, operations, property or financial or other condition of the CompanyMaterial Adverse Effect.
Appears in 1 contract
No Material Litigation. No litigation, investigation or ---------------------- proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Company, threatened by or against the Company, Company or any of its employee benefit programs, policies or Plans Subsidiaries or against any of its their respective properties or revenues (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby, including, without limitation, the GNB Acquisition and the Specified Corporate Transactions, or (b) which would could reasonably be expected to have a material adverse effect on the business, operations, property or financial or other condition of the CompanyMaterial Adverse Effect.
Appears in 1 contract
No Material Litigation. No litigation, investigation or ---------------------- proceeding of or before any arbitrator arbitrator, court or Governmental Authority governmental authority is pending or, to the knowledge of the Company, threatened by or against the Company, any of Company or its employee benefit programs, policies or Plans subsidiaries or against any of its their respective properties or revenues (a) with respect which is likely to the Loan Documents or any of the transactions contemplated therebybe adversely determined and which, or (b) which would if adversely determined, is likely to have a material adverse effect on the business, operations, property or financial or other condition of the CompanyMaterial Adverse Effect.
Appears in 1 contract
Samples: Loan Agreement (Diedrich Coffee Inc)
No Material Litigation. No litigation, investigation or ---------------------- proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Company, threatened by or against the Company, Company or any of its employee benefit programs, policies or Plans Subsidiaries or against any of its their respective properties or revenues (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby, or (b) which would could reasonably be expected to have a material adverse effect on the business, operations, property or financial or other condition of the CompanyMaterial Adverse Effect.
Appears in 1 contract