Common use of No Violations or Proceedings Clause in Contracts

No Violations or Proceedings. On and as of the date hereof, (i) there is no violation, dilution, misappropriation or infringement by others of any right of such Pledgor with respect to any Copyright, Patent or Trademark listed on Schedules 14(a), (b) and (c) to the Perfection Certificate, respectively, pledged by it under the name of such Pledgor that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect, (ii) such Pledgor is not violating, diluting, misappropriating or infringing upon any Intellectual Property of any other person other than such violation, dilution, misappropriation or infringement that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect and (iii) no proceedings have been instituted or are pending against such Pledgor or threatened, and no such claim against such Pledgor has been received by such Pledgor since December 31, 2013 alleging any such violation that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Pledge and Security Agreement (HC2 Holdings, Inc.), Pledge and Security Agreement (HC2 Holdings, Inc.)

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No Violations or Proceedings. On and as of the date hereof, (i) there is no violation, dilution, misappropriation or infringement material violation by others of any right of such Pledgor with respect to any Copyright, Patent or Trademark listed on Schedules 14(a), (b) and (c14(a)-(c) to the Perfection Certificate, respectively, pledged by it under the name of such Pledgor that, individually or in the aggregate, could reasonably be expected to have a Material Adverse EffectPledgor, (ii) such Pledgor is not violating, diluting, misappropriating or infringing upon any Intellectual Property Copyright, Patent or Trademark of any other person other than such violation, dilution, misappropriation or infringement that, individually or in the aggregate, would not (and could not reasonably be expected to) result in a material adverse effect on the value or utility of the Intellectual Property Collateral or any portion thereof material to have a Material Adverse Effect the use and operation of the Pledged Collateral or the Mortgaged Property and (iii) no proceedings have been instituted or are pending against such Pledgor or or, to such Pledgor’s knowledge, threatened, and no such claim against such Pledgor has been received by such Pledgor since December 31, 2013 2009 alleging any such violation that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effectviolation.

Appears in 2 contracts

Samples: Security Agreement (BioScrip, Inc.), Security Agreement (BioScrip, Inc.)

No Violations or Proceedings. On and as of the date hereof, (i) there is no violation, dilution, misappropriation or infringement material violation by others of any right of such Pledgor with respect to any Copyright, Patent or Trademark listed on Schedules 14(a), (b) and (c) to the Perfection Certificate, respectively, pledged by it under the name of such Pledgor that, individually or in the aggregate, could reasonably be expected to have a Material Adverse EffectPledgor, (ii) such Pledgor is not violating, diluting, misappropriating or infringing upon any Intellectual Property Copyright, Patent or Trademark of any other person other than such violation, dilution, misappropriation or infringement that, individually or in the aggregate, would not (and could not reasonably be expected to) result in a material adverse effect on the value or utility of the Intellectual Property Collateral or any portion thereof material to have a Material Adverse Effect the use and operation of the Pledged Collateral or the Mortgaged Property and (iii) no proceedings have been instituted or are pending against such Pledgor or or, to such Pledgor’s knowledge, threatened, and no such claim against such Pledgor has been received by such Pledgor since December 31September 29, 2013 2010 alleging any such violation that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effectviolation.

Appears in 1 contract

Samples: Security Agreement (Biglari Holdings Inc.)

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No Violations or Proceedings. On and as of the date hereof, (i) there is no violation, dilution, misappropriation or infringement material violation by others of any right of such Pledgor with respect to any Copyright, Patent or Trademark listed on Schedules 14(a), (b) and (c) to the Perfection Certificate, respectively, pledged by it under the name of such Pledgor that, individually or in the aggregate, could reasonably be expected to have a Material Adverse EffectPledgor, (ii) such Pledgor is not violating, diluting, misappropriating or infringing upon any Intellectual Property Copyright, Patent or Trademark of any other person other than such violation, dilution, misappropriation or infringement that, individually or in the aggregate, would not (and could not reasonably be expected to) result in a material adverse effect on the value or utility of the Intellectual Property Collateral or any portion thereof material to have a Material Adverse Effect the use and operation of the Pledged Collateral or the Mortgaged Property and (iii) no proceedings have been instituted or are pending against such Pledgor or or, to such Pledgor’s knowledge, threatened, and no such claim against such Pledgor has been received by such Pledgor since December 31[September 29, 2013 2010] alleging any such violation that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effectviolation.

Appears in 1 contract

Samples: Security Agreement (Biglari Holdings Inc.)

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