Common use of Pending Proceedings Clause in Contracts

Pending Proceedings. Developer is not in default under any law or regulation or under any order of any court, board, commission or agency whatsoever, and there are no claims, actions, suits or proceedings pending or, to the knowledge of Developer, threatened against or affecting Developer or the Property, at law or in equity, before or by any court, board, commission or agency whatsoever which might, if determined adversely to Developer, materially affect Developer’s ability to repay the City Loans or impair the security to be given to the City and/or Authority pursuant hereto.

Appears in 5 contracts

Samples: Affordable Housing Agreement, Affordable Housing Agreement, Affordable Housing Agreement

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Pending Proceedings. The Developer is not in default under any law or regulation or under any order of any court, board, commission or agency whatsoever, and there are no claims, actions, suits or proceedings pending or, to the knowledge of the Developer, threatened against or affecting Developer or the PropertyDeveloper, at law or in equity, before or by any court, board, commission or agency whatsoever which might, if determined adversely to the Developer, materially affect the Developer’s 's ability to repay develop the City Loans or impair the security to be given to the City and/or Authority pursuant heretoImprovements.

Appears in 4 contracts

Samples: Disposition, Development and Loan Agreement, Disposition and Development Agreement, Disposition and Development Agreement

Pending Proceedings. Developer is not in default under any law or regulation or under any order of any federal, state, or local court, board, commission or agency whatsoever, and there are no claims, actions, suits or proceedings pending or, to the knowledge of Developer, threatened against or affecting Developer or the PropertySite, at law or in equity, before or by any federal, state, or local court, board, commission or agency whatsoever which might, if determined adversely to Developer, materially affect Developer’s ability to repay the City Loans or impair the security to be given to the City and/or Authority pursuant heretoperform its obligations hereunder.

Appears in 3 contracts

Samples: Affordable Housing Agreement, Affordable Housing Agreement, Affordable Housing Agreement

Pending Proceedings. Developer is not in default under any law or regulation or under any order of any court, board, commission or agency whatsoever, and there are no claims, actions, suits or proceedings pending or, to the knowledge of Developer, threatened against or affecting Developer or the PropertyDevelopment, at law or in equity, before or by any court, board, commission or agency whatsoever which might, if determined adversely to Developer, materially affect Developer’s 's ability to construct the Improvements, repay the City Loans Loan, or impair the security to be given to the City and/or Authority County pursuant hereto.

Appears in 2 contracts

Samples: Disposition, Development, and Loan Agreement, Disposition and Development Agreement

Pending Proceedings. Developer is not in default under any law or regulation or under any order of any court, board, commission or agency whatsoever, and there are no claims, actions, suits or proceedings pending or, to the knowledge of Developer, threatened against or affecting Developer or the PropertyDevelopment, at law or in equity, before or by any court, board, commission or agency whatsoever which might, if determined adversely to Developer, materially affect Developer’s 's ability to construct the Improvements, repay the City Loans Loans, or impair the security to be given to the City and/or Authority County pursuant hereto.

Appears in 1 contract

Samples: Master Development Agreement

Pending Proceedings. Developer is not in default under any law or regulation or under any order of any federal, state, or local court, board, commission or agency whatsoever, and there are no claims, actions, suits or proceedings pending or, to the knowledge of Developer, threatened against or affecting Developer or the PropertySite, at law or in equity, before or by any court, board, commission or agency whatsoever which might, if determined adversely to Developer, materially affect Developer’s ability to repay the City Loans or impair the security to be given to the City and/or Authority pursuant hereto.any

Appears in 1 contract

Samples: Affordable Housing Agreement

Pending Proceedings. The Developer is not in default under any law or regulation or under any order of any court, boardCity Council, commission or agency whatsoever, and there are no claims, actions, suits or proceedings pending or, to the knowledge of the Developer, threatened against or affecting Developer or the PropertyDeveloper, at law or in equity, before or by any court, boardCity Council, commission or agency whatsoever which might, if determined adversely to the Developer, materially affect the Developer’s 's ability to repay develop the City Loans or impair the security to be given to the City and/or Authority pursuant heretoDevelopment.

Appears in 1 contract

Samples: Disposition and Development Agreement

Pending Proceedings. The Developer is not in default under any law or regulation or under any order of any court, board, commission or agency whatsoever, and there are no claims, actions, suits or proceedings pending or, to the knowledge of the Developer, threatened against or affecting Developer or the PropertyDeveloper, at law or in equity, before or by any court, board, commission or agency whatsoever which might, if determined adversely to the Developer, materially affect the Developer’s 's ability to repay develop the City Loans or impair the security to be given to the City and/or Authority pursuant heretoProject.

Appears in 1 contract

Samples: Owner Participation Agreement

Pending Proceedings. Developer is not in default under any law or regulation or under any order of any court, board, commission or agency whatsoever, and there are no claims, actions, suits or proceedings pending or, to the knowledge of Developer, threatened against or affecting Developer Developer, Master Developer, or the PropertyDevelopment, at law or in equity, before or by any court, board, commission or agency whatsoever which might, if determined adversely to Developer or Master Developer, materially affect Developer’s 's ability to construct the Improvements, repay the City Loans Loan, or impair the security to be given to the City and/or Authority County pursuant hereto.

Appears in 1 contract

Samples: Disposition, Development, and Loan Agreement

Pending Proceedings. Developer is not in default under any law or regulation or under any order of any court, board, commission or agency whatsoever, and there are no claims, actions, suits or proceedings pending or, to the knowledge of Developer, threatened against or affecting Developer or the Property, at law or in equity, before or by any court, board, commission or agency whatsoever which might, if determined adversely to Developer, materially affect Developer’s ability to repay the City Loans Loan and/or the Agency Loan or impair the security to be given to the City and/or Authority Agency pursuant hereto.

Appears in 1 contract

Samples: Affordable Housing Agreement

Pending Proceedings. The Developer is not in default under any law or regulation or under any order of any court, boardCity Council, commission or agency whatsoever, and there are no claims, actions, suits or proceedings pending or, to the knowledge of the Developer, threatened against or affecting Developer or the PropertyDeveloper, at law or in equity, before or by any court, boardCity Council, commission or agency whatsoever which might, if determined adversely to the Developer, materially affect the Developer’s ability to repay develop the City Loans or impair the security to be given to the City and/or Authority pursuant heretoDevelopment.

Appears in 1 contract

Samples: Disposition, Development and Loan Agreement

Pending Proceedings. Developer is not in default under any law or regulation or under any order of any court, board, commission or agency whatsoever, and there are no claims, actions, suits or proceedings pending or, to the knowledge of Developer, threatened against or affecting Developer or the Property, at law or in equity, before or by any court, board, commission or agency whatsoever which might, if determined adversely to Developer, materially affect Developer’s ability to repay the City Loans Agency Loan or impair the security to be given to the City and/or Authority Agency pursuant hereto.

Appears in 1 contract

Samples: Affordable Housing Agreement

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Pending Proceedings. Developer is not in default under any law or regulation or under any order of any federal, state, or local court, board, commission or agency whatsoever, and there are no claims, actions, suits or proceedings pending or, to the knowledge of Developer, threatened against or affecting Developer or the PropertyManchester Site or the Orangewood Site, as applicable, at law or in equity, before or by any federal, state, or local court, board, commission or agency whatsoever which might, if determined adversely to Developer, materially affect Developer’s ability to repay the City Loans or impair the security perform its obligations hereunder, as to be given to the City and/or Authority pursuant heretoeach Project.

Appears in 1 contract

Samples: Affordable Housing Agreement

Pending Proceedings. Developer is not in default under any law or regulation or under any order of any court, board, commission or agency whatsoever, and there are no claims, actions, suits or proceedings pending or, to the knowledge of Developer, threatened against or affecting Developer or the PropertyDeveloper, at law or in equity, before or by any court, board, commission or agency whatsoever which might, if determined adversely to Developer, materially affect Developer’s 's ability to repay develop and operate the City Loans or impair Improvements as required under this Agreement and the security to be given to the City and/or Authority pursuant heretoDealership Operating Covenant.

Appears in 1 contract

Samples: Disposition and Development Agreement

Pending Proceedings. Developer is not in default under any law or regulation or under any order of any court, board, commission or agency whatsoeverpending proceedings, and there are no claims, actions, suits or proceedings pending or, to the knowledge of Developer, there are no proceedings threatened against or affecting Developer or the PropertyProject, at law or in equity, before or by any court, board, commission or agency whatsoever which mightagency, which, if determined adversely to Developer, might materially affect Developer’s ability Developer’sability to repay the City Loans or impair the security to be given to the City and/or Authority pursuant heretoperform under this Agreement.

Appears in 1 contract

Samples: Predevelopment Loan Agreement

Pending Proceedings. Developer is not in default under any law or regulation or under any order of any court, board, commission or agency whatsoever, and there are no claims, actions, suits or proceedings pending or, to the knowledge of Developer, threatened against or affecting Developer or the PropertySite, at law or in equity, before or by any court, board, commission or agency whatsoever which might, if determined adversely to Developer, materially affect Developer’s ability to repay perform its obligations hereunder. 604. Limitation Upon Change in Ownership, Management and Control of the City Loans or impair the security to be given to the City and/or Authority pursuant heretoDeveloper.

Appears in 1 contract

Samples: Affordable Housing Agreement

Pending Proceedings. The Developer is not in default under any law or regulation or under any order of any court, board, commission or agency whatsoever, and there are no claims, actions, suits or proceedings pending or, to the knowledge of the Developer, threatened against or affecting Developer or the PropertyDeveloper, at law or in equity, before or by any court, board, commission or agency whatsoever which might, if determined adversely to the Developer, materially affect the Developer’s 's ability to repay develop the City Loans or impair the security to be given to the City and/or Authority pursuant heretoDevelopment.

Appears in 1 contract

Samples: Disposition and Development Agreement

Pending Proceedings. No Developer is not in material default under any law or regulation or under any order of any court, board, commission or agency County whatsoever, and there are no claims, actions, suits or proceedings pending or, to the knowledge of a Developer, threatened against or affecting Developer or the Propertysuch Developer, at law or in equity, before or by any court, board, commission or agency County whatsoever which might, if determined adversely to the Developer, materially affect such Developer’s 's ability to repay develop their respective portions of the City Loans or impair the security to be given to the City and/or Authority pursuant heretoDevelopment.

Appears in 1 contract

Samples: Land Disposition, Development and Loan Agreement

Pending Proceedings. Developer represents that it is not in default under any law or regulation or under any order of any court, board, commission commission, or agency whatsoever, and there are no claims, actions, suits or proceedings pending or, to the knowledge of Developer, threatened against or affecting Developer or the Propertyproperty, at law or in equity, before or by any court, board, commission or agency whatsoever which might, if determined adversely to Developer, materially affect Developer’s ability to repay comply with the City Loans or impair the security to be given to the City and/or Authority pursuant heretoterms of this Contract.

Appears in 1 contract

Samples: Charging and Fueling Infrastructure Grant Agreement

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