Common use of No Material Litigation Clause in Contracts

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any of its Restricted Subsidiaries or against any of their respective properties or revenues, (a) except as described on Schedule 5.6, which is so pending or threatened at any time on or prior to the Closing Date and relates to any of the Loan Documents or any of the transactions contemplated hereby or thereby or (b) which would be reasonably expected to have a Material Adverse Effect.

Appears in 13 contracts

Samples: Term Loan Credit Agreement (Core & Main, Inc.), Incremental Term Loan Agreement (Floor & Decor Holdings, Inc.), Credit Agreement (Floor & Decor Holdings, Inc.)

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No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the BorrowerBorrower Representative, threatened by or against the Parent Borrower or any of its Restricted Subsidiaries or against any of their respective properties or revenues, (a) except as described on Schedule 5.6, which is so pending or threatened at any time on or prior to the Closing Date and relates to any of the Loan Documents or any of the transactions contemplated hereby or thereby or (b) which would be reasonably expected to have a Material Adverse Effect.

Appears in 10 contracts

Samples: Credit Agreement (SiteOne Landscape Supply, Inc.), Credit Agreement (SiteOne Landscape Supply, Inc.), Credit Agreement (SiteOne Landscape Supply, 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 Parent Borrower, threatened by or against Holdings, the Parent Borrower or any of its Restricted Subsidiaries Subsidiary or against any of their respective properties or revenues, (a) except as described on Schedule 5.6, which is so pending or threatened at any time on or prior to the Closing Date and relates to any of the Loan Documents or any of the transactions contemplated hereby or thereby or (b) which would be reasonably expected to have a Material Adverse Effect.

Appears in 9 contracts

Samples: Credit Agreement (Hertz Corp), Credit Agreement (Hertz Corp), Credit Agreement (Hertz Global Holdings, 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 Parent Borrower, threatened by or against the Parent Borrower or any of its Restricted Subsidiaries or against any of their respective properties or revenues, (a) except as described on Schedule 5.6, which is so pending or threatened at any time on or prior to the Closing Date and relates to any of the Loan Documents or any of the transactions contemplated hereby or thereby or (b) which would be reasonably expected to have a Material Adverse Effect.

Appears in 8 contracts

Samples: Credit Agreement (Atkore International Group Inc.), Credit Agreement (Atkore International Group Inc.), Credit Agreement (Atkore International Group 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 BorrowerHoldings, threatened by or against the Borrower Holdings or any of its Restricted Subsidiaries or against any of their respective properties or revenues, (a) except as described on Schedule 5.6, which is so pending or threatened at any time on or prior to the Closing Date and relates to any of the Loan Documents or any of the transactions contemplated hereby or thereby or (b) which would be reasonably expected to have a Material Adverse Effect.

Appears in 6 contracts

Samples: Credit Agreement (Univar Solutions Inc.), Credit Agreement (Univar Solutions Inc.), Credit Agreement (Univar 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 Borrower, threatened by or against the Borrower or any of its Restricted Subsidiaries or against any of their respective properties or revenues, (a) except as described on Schedule 5.64.6, which is so pending or threatened at any time on or prior to the Closing Date and relates to any of the Loan Documents or any of the transactions contemplated hereby or thereby or (b) which would be reasonably expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Credit Agreement (Servicemaster Co), Credit Agreement (Servicemaster Co), Senior Interim Loan Credit Agreement (Servicemaster Co)

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any of its Restricted Subsidiaries or against any of their respective properties or revenues, (a) except as described on Schedule 5.64.6, (a) which is so pending or threatened at any time on or prior to the Closing Date and relates to any of the Loan Documents or any of the transactions contemplated hereby or thereby or (b) which would be reasonably expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Credit Agreement (Hd Supply, Inc.), Credit Agreement (Hd Supply, Inc.), Credit Agreement (Hd Supply, 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 Parent Borrower, threatened by or against the Parent Borrower or any of its Restricted Subsidiaries or against any of their respective properties or revenues, (a) except as described on Schedule 5.6, (a) which is so pending or threatened at any time on or prior to the Closing Date and relates to any of the Loan Documents or any of the transactions contemplated hereby or thereby or (b) which would be reasonably expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Abl Credit Agreement (Hd Supply, Inc.), Abl Credit Agreement (Veritiv Corp), Abl Credit Agreement (Veritiv 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 BorrowerBorrowers, threatened by or against the Parent Borrower or any of its Restricted Subsidiaries or against any of their respective properties or revenues, (a) except as described on Schedule 5.6, which is so pending or threatened at any time on or prior to the Closing Date and relates to any of the Loan Documents or any of the transactions contemplated hereby or thereby or (b) which would be reasonably expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Abl Credit Agreement (Core & Main, Inc.), Abl Credit Agreement (Core & Main, Inc.), Abl Credit Agreement (Core & Main, Inc.)

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the best of the knowledge of the Borrowerany Borrower or Guarantor, threatened by or against the Borrower Parent or any of its Restricted Subsidiaries or against any of their respective properties or revenues, (a) except as described on Schedule 5.68.6, which is so pending or threatened at any time on or prior to the Closing Date and relates to any of the Loan Documents Financing Agreements or any of the transactions contemplated hereby or thereby or (b) which would could reasonably be reasonably expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan and Security Agreement (Nci Building Systems Inc), Loan and Security Agreement (Nci Building Systems Inc), Loan and Security Agreement (Nci Building Systems Inc)

No Material Litigation. No Except as set forth in Schedule 3.6, no litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower any Credit Party or any of its Restricted Subsidiaries or against any of its or their respective properties or revenues, revenues (a) except as described on Schedule 5.6, which is so pending or threatened at any time on or prior with respect to the Closing Date and relates to Credit Documents or any of the Loan Documents or any of the transactions contemplated hereby or thereby hereby, or (b) which would could reasonably be expected to be adversely determined, and if adversely determined, could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Consolidated Graphics Inc /Tx/), Credit Agreement (Consolidated Graphics Inc /Tx/), Credit Agreement (Consolidated Graphics Inc /Tx/)

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any of its Restricted Subsidiaries or against any of their respective properties or revenues, (a) except as described on Schedule 5.64.5, which is so pending or threatened at any time on or prior to the Closing Date and relates to any of the Loan Documents or any of the transactions contemplated hereby or thereby or (b) which would be reasonably expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Nci Building Systems Inc), Investment Agreement (Nci Building Systems Inc), Credit Agreement (Nci Building Systems Inc)

No Material Litigation. No litigation, investigation or proceeding of by or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any of its Restricted Subsidiaries or against any of their respective properties or revenues, (a) except as described on Schedule 5.6, which is so pending or threatened at any time on or prior to the Closing Date and relates to any of the Loan Documents or any of the transactions contemplated hereby or thereby or (b) which would be reasonably expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Cash Flow Credit Agreement (Cornerstone Building Brands, Inc.), Credit Agreement (Core & Main, Inc.), Term Loan Credit Agreement (Cornerstone Building Brands, 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 Borrower, threatened by or against the Borrower Holding or any of its Restricted Subsidiaries or against any of their respective properties or revenues, (a) except as described on Schedule 5.6, which is so pending or threatened at any time on or prior to the Closing Effective Date and relates to any of the Loan Documents or any of the transactions contemplated hereby or thereby or (b) which would be reasonably expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Graphic Packaging International, LLC), Credit Agreement (International Paper Co /New/), Credit Agreement (Graphic Packaging Holding Co)

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the BorrowerCompany, threatened by or against the Borrower Holding or any of its Restricted Subsidiaries or against any of their respective properties or revenues, (a) except as described on Schedule 5.6, which is so pending or threatened at any time on or prior to the Closing Effective Date and relates to any of the Loan Documents or any of the transactions contemplated hereby or thereby or (b) which would be reasonably expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Graphic Packaging Holding Co), Credit Agreement (Graphic Packaging International, LLC), Credit Agreement (Graphic Packaging International, LLC)

No Material Litigation. No Other than disclosed on Schedule 5.6 hereto, no litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the BorrowerBorrower or Holding, threatened by or against the Borrower or any of its Restricted Subsidiaries Loan Party or against any of their respective properties or revenues, (a) except as described on Schedule 5.6, which is so pending or threatened at any time on or prior to the Closing Date and relates to any of the Loan Documents or any of the transactions contemplated hereby or thereby or (b) which would be reasonably expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit and Guarantee Agreement, Credit and Guarantee Agreement (Sirva 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 Parent Borrower, threatened by or against the Borrower Holding or any of its Restricted Subsidiaries or against any of their respective properties or revenues, (a) except as described on Schedule 5.6, which is so pending or threatened at any time on or prior to the Closing Date and relates to any of the Loan Documents or any of the transactions contemplated hereby or thereby or (b) which would be reasonably expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (VWR International, Inc.), Credit Agreement (VWR International, Inc.)

No Material Litigation. No Except as provided on Schedule 3.2, no litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the BorrowerBorrowers, threatened by or against the any Borrower or any of its Restricted Subsidiaries or against any of its or their respective properties or revenues, revenues (a) except as described on Schedule 5.6with respect to this Agreement, which is so pending or threatened at any time on or prior to the Closing Date and relates to any of Notes, the other Loan Documents or any of the transactions contemplated hereby or thereby hereby, or (b) as to which there is a reasonable likelihood of an adverse determination and which, if adversely determined, would be reasonably expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Tasty Baking Co), Credit Agreement (Tasty Baking Co)

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the either Borrower, threatened by or against the either Borrower or any of its Restricted their respective Subsidiaries or against any of their its respective properties or revenues, revenues (a) except as described set forth on Schedule 5.66.6, which is so pending or threatened at any time on or prior to the Closing Date and relates with respect to any of the Loan Documents or any (as of the transactions contemplated hereby or thereby Closing Date) the Acquisition, or (b) which would that could reasonably be expected to have a Material Adverse Effect. The litigation disclosed on Schedule 6.6 could not be reasonably expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Cott Corp /Cn/), Credit Agreement (Cott Corp /Cn/)

No Material Litigation. No litigation, investigation or proceeding of ofby or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any of its Restricted Subsidiaries or against any of their respective properties or revenues, (a) except as described on Schedule 5.6, which is so pending or threatened at any time on or prior to the Closing Date and relates to any of the Loan Documents or any of the transactions contemplated hereby or thereby or (b) which would be reasonably expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Core & Main, Inc.), Credit Agreement (Core & Main, 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 Parent Borrower, threatened by or against the Parent Borrower or any of its Restricted Subsidiaries or against any of their respective properties or revenues, (a) except as described on Schedule 5.6, (a) which is so pending or threatened at any time on or prior to the Closing Restatement Effective Date and relates to any of the Loan Documents or any of the transactions contemplated hereby or thereby or (b) which would be reasonably expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Abl Credit Agreement (Veritiv Corp), Abl Credit Agreement (Veritiv Corp)

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No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the BorrowerParent Guarantor, threatened by or against the Borrower Parent Guarantor or any of its Restricted Subsidiaries or against any of their respective properties or revenues, (a) except as described on Schedule 5.6, which is so pending or threatened at any time on or prior to the Closing Date and relates to any of the Loan Documents or any of the transactions contemplated hereby or thereby or (b) which would be reasonably expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (CHC Group Ltd.)

No Material Litigation. No Except as set forth in Schedule 3.6, no litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the best knowledge of the Borrower, threatened by or against Borrower or any Restricted Subsidiary or against any of the respective properties or revenues of the Borrower or any of its Restricted Subsidiaries or against any of their respective properties or revenues, Subsidiary (a) except as described on Schedule 5.6, which is so pending or threatened at any time on or prior with respect to the Closing Date and relates to Credit Documents, any Revolving Loan or any Letter of the Loan Documents Credit or any of the transactions contemplated hereby or thereby hereby, or (b) which would could reasonably be reasonably expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Official Information Co)

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the BorrowerApplicant, threatened by or against Holdings, the Borrower Applicant or any of its Restricted Subsidiaries Subsidiary or against any of their respective properties or revenues, (a) except as described on Schedule 5.6, which is so pending or threatened at any time on or prior to the Closing Date and relates to any of the Loan Credit Documents or any of the transactions contemplated hereby or thereby or (b) which would be reasonably expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Letter of Credit Agreement (Hertz 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 Parent Borrower, threatened by or against the Parent Borrower or any of its Restricted Subsidiaries or against any of their respective properties or revenues, (a) except as described on Schedule 5.64.6, which is so pending or threatened at any time on or prior to the Closing Date and relates to any of the Loan Documents or any of the transactions contemplated hereby or thereby or (b) which would be reasonably expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Revolving Credit Agreement (Servicemaster Co)

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any of its Restricted Subsidiaries or against any of their respective properties or revenues, (a) except as described on Schedule 5.6, which is so pending or threatened at any time on or prior to the Closing Restatement Effective Date and relates to any of the Loan Documents or any of the transactions contemplated hereby or thereby or (b) which would be reasonably expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Envision Healthcare 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 Parent Borrower, threatened by or against the Parent Borrower or any of its Restricted Subsidiaries or against any of their respective properties or revenues, (a) except as described on Schedule 5.6, (a) which is so pending or threatened at any time on or prior to the Closing Date and relates to any of the Loan Documents or any of the transactions contemplated hereby or thereby or (b) which would be reasonably expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Hertz Global Holdings Inc)

No Material Litigation. No Except as set forth on Schedule 5.6, no litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against Holding, the Borrower or any of its Restricted Subsidiaries or against any of its or their respective properties or revenues, revenues which is not subject to indemnification by the Seller pursuant to the Purchase Agreement (a) except as described on Schedule 5.6, which is so pending or threatened at any time on or prior to the Closing Date and relates with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby thereby, or (b) which would be reasonably expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Raci Holding 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 Borrower, threatened by or against the Borrower Holding or any of its Restricted Subsidiaries or against any of their respective properties or revenues, (a) except as described on Schedule 5.6, which is so pending or threatened at any time on or prior to the Closing Date and relates to any of the Loan Documents or any of the transactions contemplated hereby or thereby or (b) which would be reasonably expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Graphic Packaging 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 Parent Borrower, threatened by or against the Parent Borrower or any of its Restricted Subsidiaries or against any of their respective properties or revenues, (a) except as described on Schedule 5.6, which is so pending or threatened at any time on or prior to the Closing Date and relates to any of the Loan Documents or any of the transactions contemplated hereby or thereby or (b) which would be reasonably expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (New Sally Holdings, 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 Borrower, threatened by or against the Borrower or any of its Restricted Subsidiaries or against any of their respective properties or revenues, (a) except as described on Schedule 5.64.6 hereto, which is so pending or threatened at any time on or prior to the Closing Date date hereof and relates to any of the 56 Loan Documents or the Acquisition or any of the transactions contemplated hereby or thereby or (b) which would reasonably be reasonably expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Day International Group 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 Borrower, threatened by or against the Borrower or any of its Restricted Subsidiaries or against any of their respective properties or revenues, (a) except as described on Schedule 5.64.6, which is so pending or threatened at any time on or prior to the Closing Date and relates to any of the Loan Documents or any of the transactions contemplated hereby or thereby or (b) which would be reasonably expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (New Sally Holdings, 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 BorrowerBorrower Representative, threatened by or against the Borrower Parent or any of its Restricted Subsidiaries or against any of their respective properties or revenues, (a) except as described on Schedule 5.6, which is so pending or threatened at any time on or prior to the Closing Date and relates to any of the Loan Documents or any of the transactions contemplated hereby or thereby or (b) which would be reasonably expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Abl Credit Agreement (Nci Building Systems Inc)

No Material Litigation. No Except as set forth on Schedule 5.6, no litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any of its Restricted Subsidiaries or against any of its or their respective properties or revenues, which (a) except as described on Schedule 5.6, which is so pending or threatened at any time on or prior to the Closing Effective Date and relates to any of the Loan Documents or any of the transactions contemplated hereby or thereby or (b) which would be reasonably expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Us Office Products Co)

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