Pending or Threatened Litigation. All material threatened or pending litigation against the Contractor or its Affiliates has been disclosed in writing to FAC prior to the Execution Date. For purposes of this Section, litigation is material if a final finding of liability against the Contractor or its Affiliate(s), would create a substantial likelihood that the Contractor’s ability to perform its obligations under this Contract would be significantly impaired. Any new material litigation filed against the Contractor or its Affiliates after the Execution Date will be disclosed in writing to FAC within ten (10) Business Days of receipt by the Contractor of notice new pending litigation. For purposes of this Section the term “litigation” shall mean any formal judicial or administrative proceeding.
Pending or Threatened Litigation. Except as set forth in Schedule 4.8 to the Loan Agreement, there are no actions, suits, proceedings or other litigation (including proceedings by or before any arbitrator or governmental authority) pending, or to the knowledge of Guarantor, threatened against Guarantor, that (a) challenge the validity or propriety of this Agreement or of the secured financing transactions contemplated under the Loan Agreement, (b) could, if adversely determined, have a Material Adverse Effect on the real and personal property or financial or other condition of Guarantor, or (c) could materially affect the ability of Guarantor to perform Guarantor's obligations under this Agreement.
Pending or Threatened Litigation. Between the effective date of this Agreement and the Closing, Seller and Purchaser shall inform each other, promptly upon obtaining knowledge thereof, of any pending or threatened litigation which reasonably could be anticipated to (i) render inaccurate in any material respect any representation or warranty made by Seller or Purchaser (as the case may be); or (ii) prohibit or restrain or materially and adversely affect the consummation of the transactions contemplated hereby or the performance by Seller or Purchaser of their respective obligations hereunder.
Pending or Threatened Litigation. There shall not be pending nor shall there be threatened any legal proceeding commenced by any governmental body, or any other person or entity, in which there is sought any order, injunction, ruling or decree by a court or administrative agency of competent jurisdiction, that would prohibit the consummation of the transactions contemplated by this Agreement, or that would impair materially the ability of Purchaser to realize the benefits of such transaction.
Pending or Threatened Litigation. There is no litigation or administrative or governmental proceeding pending or threatened against or relating to SUNO, its subsidiaries, the SUNO Business, or any of the SUNO Assets nor does SUNO have any knowledge after due investigation of any deliberate act or omission of SUNO or its subsidiaries that would form any basis for any such action or proceeding;
Pending or Threatened Litigation. Except as has been disclosed to the Lender in writing, there are no actions or proceedings pending against the City or affecting the City or, to the knowledge of the City, threatened, which, either in any case or in the aggregate, might result in any material adverse change in the condition of the City, financial or otherwise, or which question the validity of this Agreement or the Note or of any action taken or to be taken in connection with the transactions contemplated hereby or thereby.
Pending or Threatened Litigation. No litigation or other legal or administrative proceeding is pending, or to the knowledge of Borrower's officers, is threatened against Borrower, the outcome of which could materially impair the Borrower's financial condition or the ability of Borrower to carry on its business.
Pending or Threatened Litigation. There is currently no pending or threatened litigation which the Borrower believes would materially threaten Borrower's viability or ability to repay the Obligations; further, all claims pending or threatened against the Borrower are either covered by insurance or, to the extent they are not, Borrower believes it has accrued adequate reserves in connection therewith.
Pending or Threatened Litigation. There is no action, suit, proceeding, or claim by any shareholder or former shareholder of Towne Financial, pending or threatened, against (i) Oak Hill Financial, Towne Financial or Blue Ash, (ii) the assets, business, or goodwill of Oak Hill Financial, Towne Financial or Blue Ash, or (iii) any director, officer, or Principal Shareholder of Oak Hill Financial or Towne Financial, which is arising from or is related to the consummation of the merger of Towne Financial and Oak Hill Financial which is contemplated by this Agreement; provided however, that this condition precedent to the obligation of Oak Hill Financial to close the Merger shall be satisfied if coverage for any such claim shall have acknowledged by an insurance carrier in a writing acceptable to Oak Hill Financial.
Pending or Threatened Litigation. There is no litigation or administrative or governmental proceeding pending or threatened against or relating to SRLT, its subsidiaries, the SRLT Business, or any of the SRLT Assets nor does SRLT have any knowledge after due investigation of any deliberate act or omission of SRLT or its subsidiaries that would form any basis for any such action or proceeding;
