Xxxxx Proceedings. (a)Except as set forth in Schedule 3.7 of the Parent’s Disclosure Schedules, there are no Actions pending or, to Parent’s Knowledge, threated against or by Parent that challenge or seek to prevent, enjoin, or otherwise delay the transactions contemplated by this Agreement. No event has occurred nor do circumstances exist that may give rise or serve as a basis for any such Action.
Xxxxx Proceedings. (a)There are no actions, suits, claims, investigations or other legal proceedings pending or, to Buyer or CNHTC’s knowledge, threatened against or by Buyer or CNHTC or any Affiliate of Buyer or CNHTC which, individually or in the aggregate, would reasonably be expected to have a material adverse effect on Buyer or CNHTC’s ability to consummate the transactions contemplated hereby or otherwise impede, prevent or materially delay the consummation of the transactions contemplated by this Agreement.
Xxxxx Proceedings. The validity, construction, enforcement, and interpretation of this Agreement are governed by the laws of the State of Florida and the federal laws of the United States of America, excluding the laws of those jurisdictions relating to resolution of conflict with laws of other jurisdictions. Each Debtor consents to the personal jurisdiction of the state and federal courts in Hillsborough County, Florida, stipulates that the proper, exclusive, and convenient venue for any legal proceeding between it and Secured Party that pertains to either this Agreement or any of the Collateral is the Circuit Court for Hillsborough County, Florida, for a state trial court proceeding, and the United States District Court for the Middle District of Florida - Tampa Division, for a federal district court proceeding, and waives any defenses, whether asserted by motion or pleading, that the Circuit Court for Hillsborough County, Florida, or the United States District Court for the Middle District of Florida - Tampa Division, is an improper or inconvenient venue. In any legal proceeding between any Debtor and Secured Party that arises out of this Agreement and pertains to the validity or enforcement of this Agreement or Secured Party's security interests in the Collateral granted under it, the losing party shall reimburse the prevailing party, on demand, for all costs incurred by the prevailing party as 136 a result of the legal proceeding. If Secured Party becomes a party to any legal proceeding arising out of this Agreement that is initiated by any person other than a Debtor and that pertains to the validity or enforcement of this Agreement or Secured Party's security interests in the Collateral granted under it, each Debtor (jointly and severally) shall reimburse Secured Party for all costs incurred by it in connection with the legal proceeding.
Xxxxx Proceedings. There is no action, suit, proceeding, claim, arbitration, or investigation by any Government, Governmental Agency or other Person (i) pending to which Seller is a party, (ii) threatened against or relating to Seller or any of Seller’s assets or businesses, (iii) challenging Seller’s right to execute, acknowledge, seal, deliver, perform under or consummate the transactions contemplated by this Agreement, or (iv) asserting any right with respect to any of the Seller Shares, and there is no basis for any such action, suit, proceeding, claim, arbitration or investigation.
Xxxxx Proceedings. There is no Action of any nature pending or, to the Company’s knowledge, threatened against or by the Company or any of its controlled Affiliates that (a) would reasonably be expected to have, individually or in the aggregate, a material adverse effect on the Company or any of its controlled Affiliates, or (b) challenges or seeks to prevent, enjoin, or otherwise delay the transactions contemplated by this Agreement or the other Transaction Agreements to which it is a party. To the Company’s knowledge, no event has occurred or circumstances exist that could reasonably be expected to give rise to, or serve as a basis for, any such Action.
Xxxxx Proceedings. There is no Action of any nature pending or, to each Investor’s or the Sponsor’s knowledge, threatened against or by such Investor or the Sponsor or any of its respective Affiliates that challenges or seeks to prevent, enjoin, or otherwise delay the transactions contemplated by this Agreement or the other Transaction Agreements to which it is a party. To each Investor’s or the Sponsor’s knowledge, no event has occurred or circumstances exist that could reasonably be expected to give rise to, or serve as a basis for, any such Action.
Xxxxx Proceedings. There is no Action of any nature pending or, to the Sponsor’s knowledge, threatened against or by the Transferred Sponsor Subsidiary or any of its controlled Affiliates that (a) that would reasonably be expected to have, individually or in the aggregate, a material adverse effect on the Transferred Sponsor Subsidiary or any of its controlled Affiliates, or (b) challenges or seeks to prevent, enjoin, or otherwise delay the transactions contemplated by this Agreement or the other Transaction Agreements. To the Sponsor’s knowledge, no event has occurred or circumstances exist that could reasonably be expected to give rise to, or serve as a basis for, any such Action.
Xxxxx Proceedings. 26 4.Submission of Matters to a Vote of Security Holders............. 27
Xxxxx Proceedings. Whether or not an Event of Default (as defined in Paragraph 7.1) has occurred and exists, Lender shall have the right, but not the duty or obligation, to intervene or otherwise participate in, prosecute or defend at any time any legal or equitable proceedings (including, without limitation, any eminent domain proceedings) which, in Lender's sole unfettered discretion, affect the Property, the Leases or any of the rights created by the Loan Documents.
Xxxxx Proceedings. There is no Action of any nature pending or, to Buyer’s knowledge, threatened against or by Buyer that challenges or seeks to prevent, enjoin or otherwise delay the Transactions.
