No Threatened Proceedings. No action or proceeding shall have been instituted nor shall governmental action be threatened before any court or governmental agency, nor shall any order, judgment or decree have been issued or proposed to be issued by any court or governmental agency at the time of the Closing Date, to set aside, restrain, enjoin or prevent the completion and consummation of this Agreement or the transactions contemplated hereby.
Appears in 10 contracts
Samples: Participation Agreement (Trinity Industries Inc), Participation Agreement (Kansas City Southern), Participation Agreement (Gatx Corp)
No Threatened Proceedings. No action action, suit, investigation or proceeding shall have been instituted nor shall governmental action be threatened before any court or governmental agencyentity, nor shall any order, judgment or decree have been issued or proposed to be issued by any court or governmental agency entity at the time of the Closing Date, to set aside, restrain, enjoin or prevent the completion and consummation of this Agreement the Transaction Documents or any of the transactions contemplated herebyby any of the Transaction Documents.
Appears in 4 contracts
Samples: Participation Agreement (Eme Homer City Generation Lp), Participation Agreement (Eme Homer City Generation Lp), Participation Agreement (Eme Homer City Generation Lp)
No Threatened Proceedings. No action action, suit, investigation or proceeding shall have been instituted nor shall governmental action be threatened before any court or governmental agencyGovernmental Entity, nor shall any order, judgment or decree have been issued or proposed to be issued by any court or governmental agency Governmental Entity at the time of the Closing Date, to set aside, restrain, enjoin or prevent the completion and consummation of this Agreement the Operative Documents or any of the transactions contemplated herebyby any of the Operative Documents.
Appears in 3 contracts
Samples: Participation Agreement (Tennessee Valley Authority), Participation Agreement (Oglethorpe Power Corp), Participation Agreement (Reliant Energy Mid Atlantic Power Services Inc)
No Threatened Proceedings. No action or proceeding shall have been instituted nor shall governmental action be threatened before any court or governmental agency, nor shall any order, judgment or decree have been issued or proposed to be issued by any court or governmental agency at the time as of the Initial Closing Date or the Subsequent Closing Date, to set aside, restrain, enjoin or prevent the completion and consummation of this Agreement or the transactions contemplated hereby.
Appears in 2 contracts
Samples: Participation Agreement (Union Tank Car Co), Participation Agreement (Union Tank Car Co)
No Threatened Proceedings. No action or proceeding shall have ------------------------- been instituted nor shall governmental action be threatened before any court or governmental agency, nor shall any order, judgment or decree have been issued or proposed to be issued by any court or governmental agency at the time of the Closing Date, to set aside, restrain, enjoin or prevent the completion and consummation of this Agreement or the transactions contemplated hereby.
Appears in 2 contracts
Samples: Participation Agreement (General American Railcar Corp Ii), Participation Agreement (General American Railcar Corp Ii)
No Threatened Proceedings. No action action, suit, investigation or proceeding shall have been instituted nor shall any governmental action be threatened before any court or governmental agencyGovernmental Entity, nor shall any order, judgment or decree have been issued or proposed to be issued by any court or governmental agency at the time Governmental Entity as of the Closing Date, to set aside, restrain, enjoin or prevent the completion and consummation of this Agreement the Operative Documents or the transactions contemplated herebyLease Financing.
Appears in 2 contracts
Samples: Participation Agreement (Aes Eastern Energy Lp), Participation Agreement (Aes Eastern Energy Lp)
No Threatened Proceedings. No action action, suit, investigation or proceeding shall have been instituted nor shall governmental action be threatened before any court or governmental agencyGovernmental Entity, nor shall any order, judgment or decree have been issued or proposed to be issued by any court or governmental agency Governmental Entity at the time of the Closing Date, to set aside, restrain, enjoin or prevent the completion and consummation of this Agreement or the transactions contemplated hereby.the
Appears in 2 contracts
Samples: Participation Agreement (PPL Montana LLC), Participation Agreement (PPL Montana LLC)
No Threatened Proceedings. No action action, suit, investigation or proceeding shall have been instituted nor shall governmental action be threatened before any court or governmental agencyGovernmental Entity, nor shall any order, judgment or decree have been issued or proposed to be issued by any court or governmental agency Governmental Entity at the time of the Closing Date, to set aside, restrain, enjoin or prevent the completion and consummation of this Agreement or the transactions contemplated herebyby the Operative Documents.
Appears in 2 contracts
Samples: Participation Agreement (Old Dominion Electric Cooperative), Participation Agreement (Old Dominion Electric Cooperative)
No Threatened Proceedings. No action or proceeding shall have been instituted nor shall governmental action be threatened before any court or governmental agency, nor shall any order, judgment or decree have been issued or proposed to be issued by any court or governmental agency at the time of the Closing Date, to set aside, restrain, enjoin or prevent the completion and consummation of this any of the Agreement or the transactions contemplated herebyhereby or thereby.
Appears in 2 contracts
Samples: Loan and Security Agreement (Kansas City Southern), Loan and Security Agreement (Kansas City Southern De Mexico, S.A. De C.V.)
No Threatened Proceedings. No action or proceeding shall have been instituted nor shall governmental action be threatened before any court or governmental agency, nor shall any order, judgment or decree have been issued or proposed to be issued by any court or governmental agency at the time of the Closing Date, to set aside, restrain, enjoin or prevent the completion and consummation of this Agreement or any of the other Operative Agreements or the transactions contemplated herebyhereby or thereby.
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No Threatened Proceedings. No action or proceeding shall have been instituted nor shall governmental action be threatened before any court or governmental agency, nor shall any order, judgment or decree have been issued or proposed to be issued by any court or governmental agency at the time of the Closing Delivery Date, to set aside, restrain, enjoin or prevent the completion and consummation of this Agreement or the transactions contemplated hereby.
Appears in 1 contract
No Threatened Proceedings. No action action, suit, investigation or proceeding shall have been instituted nor shall governmental action be threatened before any court Governmental Entity 30 or governmental agencyotherwise, nor shall any order, judgment or decree have been issued or proposed to be issued by any court or governmental agency Governmental Entity at the time of the Closing Date, to set aside, restrain, enjoin or prevent the completion and consummation of this Agreement the Lessee Documents or any of the transactions contemplated herebyby any of the Lessee Documents.
Appears in 1 contract
Samples: Participation Agreement
No Threatened Proceedings. No action action, suit, investigation or ------------------------- proceeding shall have been instituted nor shall governmental action be threatened before any court or governmental agencyGovernmental Entity, nor shall any order, judgment or decree have been issued or proposed to be issued by any court or governmental agency Governmental Entity at the time of the Closing Date, to set aside, restrain, enjoin or prevent the completion and consummation of this Agreement the Operative Documents or any of the transactions contemplated herebyby any of the Operative Documents.
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No Threatened Proceedings. No action or proceeding shall have been instituted nor shall governmental action be threatened before any court or governmental agency, nor shall any order, judgment or decree have been issued or proposed to be issued by any court or governmental agency at the time of the Closing any Delivery Date, to set aside, restrain, enjoin or prevent the completion and consummation of this Agreement or any of the other Operative Agreements or the transactions contemplated herebyhereby or thereby.
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No Threatened Proceedings. No action or proceeding shall have been instituted instituted, nor shall governmental action Governmental Action be threatened before any court or governmental agencyGovernmental Authority, nor shall any order, judgment or decree have been issued or proposed to be issued by any court or governmental agency Governmental Authority at the time of the Closing Date, such Advance Date to set aside, restrain, enjoin or prevent the completion and consummation of this Agreement or the transactions contemplated hereby.
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No Threatened Proceedings. No action or proceeding shall have been instituted instituted, nor shall governmental action Governmental Action be threatened before any court or governmental agencyGovernmental Authority, nor shall any order, judgment or decree have been issued or proposed to be issued by any court or governmental agency Governmental Authority at the time of the Closing Date, Lease Term Commencement Date to set aside, restrain, enjoin or prevent the completion and consummation of this Agreement or the transactions contemplated hereby.
Appears in 1 contract
No Threatened Proceedings. No action or proceeding shall have been instituted nor shall governmental action be threatened before any court or governmental agency, nor shall any order, judgment or decree have been issued or proposed to be issued by any court or governmental agency at the time of the Closing such Delivery Date, to set aside, restrain, enjoin or prevent the completion and consummation of this Agreement or the transactions contemplated hereby.
Appears in 1 contract
No Threatened Proceedings. No action or proceeding shall have been instituted instituted, nor shall governmental action any Governmental Action be threatened before any court or governmental agencyGovernmental Authority, nor shall any order, judgment or decree have been issued or proposed to be issued by any court or governmental agency Governmental Authority at the time of the Closing Date, Lease Term Commencement Date to set aside, restrain, enjoin or prevent the completion and consummation of this Agreement or the transactions contemplated hereby; provided that any such action or proceeding instituted or threatened by the Lessee or any of its Affiliates shall not be a condition precedent to the Lessee's obligations hereunder.
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No Threatened Proceedings. No action action, suit, investigation or proceeding shall have been instituted nor shall governmental action be threatened before any court Governmental Entity or governmental agencyotherwise, nor shall any order, judgment or decree have been issued or proposed to be issued by any court or governmental agency Governmental Entity at the time of the Closing Date, to set aside, restrain, enjoin or prevent the completion and consummation of this Agreement the Lessee Documents or any of the transactions contemplated herebyby any of the Lessee Documents.
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No Threatened Proceedings. No action or proceeding shall have been instituted nor shall governmental action be threatened before any court or governmental agency, nor shall any order, judgment or decree have been issued or proposed to be issued by any court or governmental agency at the time of the such Closing Date, to set aside, restrain, enjoin or prevent the completion and consummation of this Agreement or any of the other Operative Agreements or the transactions contemplated herebyhereby or thereby.
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No Threatened Proceedings. No action or proceeding shall have been instituted nor shall governmental action be threatened before any court or governmental agency, nor shall any order, judgment or decree have been issued or proposed to be issued by any court or governmental agency at the time of the such Closing Date, to set aside, restrain, enjoin or prevent the completion and consummation of this Agreement or the transactions contemplated hereby.
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No Threatened Proceedings. No action or proceeding shall have been instituted nor shall governmental action be threatened before any court or governmental agency, nor shall any order, judgment or decree have been issued or proposed to be issued by any court or governmental agency at the time of the Closing such Advance Date, to set aside, restrain, enjoin or prevent the completion and consummation of any act required to be taken under this Agreement or the transactions contemplated herebyfunding contemplated.
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No Threatened Proceedings. No action or proceeding shall have been instituted nor shall governmental action be threatened before any court or governmental agency, nor shall any order, judgment or decree have been issued or proposed to be issued by any court or governmental agency at the time of the Closing Delivery Date, to set aside, restrain, enjoin or prevent the completion and consummation of this Agreement or any of the other Operative Agreements or the transactions contemplated herebyhereby or thereby.
Appears in 1 contract
