Pending Litigation and Other Proceedings. There is no action, suit or proceeding pending in any court, any other governmental authority with jurisdiction over the County or any arbitration in which service of process has been completed against the County or, to the knowledge of the County, any other action, suit or proceeding pending in which service of process has been completed against the County in any court, any other governmental authority with jurisdiction over the County or any arbitrator, in either case against the County or any of its properties or revenues, or any of the Related Documents to which it is a party, which if determined adversely to the County would materially and adversely affect the rights, security, interests or remedies of the Purchaser hereunder or under any of the other Related Documents or which is reasonably likely to result in a Material Adverse Effect, except any action, suit or proceeding which has been brought prior to the Effective Date as to which the Purchaser has received an opinion of counsel satisfactory to the Purchaser, in form and substance satisfactory to the Purchaser and the Purchaser’s legal counsel, to the effect that such action, suit or proceeding is without substantial merit.
Appears in 2 contracts
Samples: Continuing Covenant Agreement, Continuing Covenant Agreement
Pending Litigation and Other Proceedings. There is no action, suit or proceeding pending in any court, any other governmental authority with jurisdiction over the County Authority or any arbitration in which service of process has been completed against the County Authority or, to the knowledge of the CountyAuthority, any other action, suit or proceeding pending in which service of process has been completed against the County Authority in any court, any other governmental authority with jurisdiction over the County Authority or any arbitrator, in either case against the County Authority or any of its properties or revenues, or any of the Related Documents to which it is a party, which if determined adversely to the County Authority would materially and adversely affect the rights, security, interests or remedies of the Purchaser hereunder or under any of the other Related Documents or which is reasonably likely to result in a Material Adverse Effect, except any action, suit or proceeding which has been brought prior to the Effective Date as to which the Purchaser has received an opinion of counsel satisfactory to the Purchaser, in form and substance satisfactory to the Purchaser and the Purchaser’s legal counsel, to the effect that such action, suit or proceeding is without substantial merit.
Appears in 2 contracts
Samples: Continuing Covenant Agreement, Continuing Covenant Agreement