name / content

name: Litigation

Litigation. Except as set forth in Schedule 4.18, there is no suit, action, proceeding, investigation, claim or order pending or, to the knowledge of Any Kind or any Seller, overtly threatened against either Company (or to the knowledge of Any Kind or any Seller, pending or threatened, against any of the officers, directors or key employees of either Company with respect to their business activities on behalf of either Company), or to which any of the Sellers or either Company is otherwise a party, before any court, or before any governmental department, commission, board, agency, or instrumentality; nor, to the knowledge of Any Kind or any Seller, is there any reasonable basis for any such action, proceeding, or investigation. Neither Company is ...
Litigation. There are no Legal Proceedings pending or, to the best knowledge of the Purchaser or DFG, threatened that are reasonably likely to prohibit or restrain the ability of the Purchaser or DFG to enter into this Agreement or consummate the transactions contemplated hereby.
Litigation. There are no actions, suits or proceedings pending, or, to the best knowledge of the Company, threatened, with respect to the Company or any of its Subsidiaries (i) that are likely to have a material adverse effect on the condition (financial or otherwise), operations, assets, liabilities or prospects of the Company and its Restricted Subsidiaries taken as a whole or (ii) that could reasonably be expected to have a material adverse effect on the rights or remedies of the Banks or the Administrative Agent or on the ability of the Company or of the Subsidiary Guarantors, taken as a whole, in either case, to perform its or their respective obligations hereunder and under the other Credit Documents to which it is or they are, or will be, a ...
LITIGATION. No actions, suits, claims, proceedings or investigations (whether or not purportedly on behalf of or against Purchaser), are pending or threatened against Purchaser at law or in equity that relate to the transactions contemplated by this Agreement or that will prohibit Purchaser from performing the obligations to be performed by it hereunder.
Litigation. Except as set forth on Schedule 8.6, there is no present investigation by any governmental agency pending, or to the best of Borrower's knowledge threatened, against or affecting Borrower, its assets or business and there is no action, suit, proceeding or claim by any Person pending, or to the best of Borrower's knowledge threatened, against Borrower or its assets or goodwill, or against or affecting any transactions contemplated by this Agreement, which if adversely determined against Borrower would reasonably be likely to have a Material Adverse Effect. With respect to conditions or events arising after the date hereof, but otherwise of a type required to be disclosed on Schedule 8.6 hereto, Borrower may deliver to Lender, from time to ...
Litigation. There are no legal or arbitral proceedings, or any proceedings by or before any governmental or regulatory authority or agency, now pending or (to the knowledge of the Company) threatened against the Parent or any of its subsidiaries that, if adversely determined, is likely (either individually or in the aggregate) to have a Material Adverse Effect.
Litigation. There is no suit, action, proceeding, investigation, claim or order pending or, to the knowledge of any Tri S Shareholder, overtly threatened against Tri S (or to the knowledge of Tri S, pending or threatened, against any of the officers or directors of Tri S with respect to their business activities on behalf of Tri S), or to which any of the Tri S Shareholders is otherwise a party, before any court, or before any governmental department, commission, board, agency, or instrumentality; nor, to the knowledge of any Tri S Shareholder,
Litigation. Southland is not a party to or, to Southland's knowledge, threatened with, any suit, action, arbitration, administrative or other proceeding or any governmental investigation with respect to the Purchased Service Center Assets, the Austin Service Center Assets or the Intellectual Property which may prevent consummation of the transaction contemplated hereby. To Southland's knowledge there is no judgment, decree, award or order outstanding against Southland with respect to the assets or Intellectual Property or which may prevent the consummation of the transaction contemplated hereby, and Southland is not contemplating the institution of any suit, action, arbitration, administrative or other proceeding with respect to the Purchased Service ...
Litigation. There is no action, suit, proceeding or investigation pending or currently threatened against the Company which questions the validity of this Agreement or the right of the Company to enter into it, or to consummate the transactions contemplated hereby, or which might result, either individually or in the aggregate, in any material adverse changes in the assets, condition, affairs or prospects of the Company, financially or otherwise, or any change in the current equity ownership of the Company, nor is the Company aware that there is any basis for the foregoing. The foregoing includes, without limitation, actions pending or threatened (or any basis therefor known to the Company) involving the prior employment of any of the Company's ...
Litigation. The Company will promptly give to Agent and each Lender notice of all legal or arbitral proceedings, and of all proceedings by or before any governmental or regulatory authority or agency, and any material development in respect of such legal or other proceedings, affecting the Company, any of its Subsidiaries or any Partnership, except proceedings which, if adversely determined, could not have a Material Adverse Effect.
Litigation. There are no actions or proceedings pending by or against Borrower or any Subsidiary before any court or administrative agency in which an adverse decision could have a Material Adverse Effect. Borrower does not have knowledge of any such pending or threatened actions or proceedings.
Litigation. There are no actions or proceedings pending by or against Borrower before any court or administrative agency and Borrower does not have knowledge or belief of any pending, threatened, or imminent litigation, governmental investigations, or claims, complaints, actions, or prosecutions involving Borrower or any guarantor of the Obligations, except for: (a) ongoing collection matters in which Borrower is the plaintiff; (b) matters disclosed on Schedule 5.9; and (c) matters arising after the date hereof that, if decided adversely to Borrower, would not materially impair the prospect of repayment of the Obligations or materially impair the value or priority of Foothill's security interests in the Collateral.
LITIGATION. Except as disclosed in the Schedule, there is no claim, suit, litigation, proceeding or investigation pending or (to best of Borrower's knowledge) threatened by or against or affecting Borrower in any court or before any governmental agency (or any basis therefor known to Borrower) which may result, either separately or in the aggregate, in any material adverse change in the financial condition or business of Borrower, or in any material impairment in the ability of Borrower to carry on its business in substantially the same manner as it is now being conducted. Borrower will promptly inform GBC in writing of any claim, proceeding, litigation or investigation in the future threatened or instituted by or against Borrower involving any single ...
Litigation. On the Effective Date, except as set forth in Annex IV, there shall be no actions, suits or proceedings pending or threatened with respect to Holdings or any of its Subsidiaries that (i) are reasonably likely to have a material adverse effect on the business, properties, assets, operations, financial condition or prospects of Holdings and its Subsidiaries taken as a whole or (ii) are reasonably likely to have a material adverse effect on the rights or remedies of the Banks or on the ability of either Credit Party to perform its obligations to the Banks hereunder or under any other Credit Document.
Litigation. The Buyer Disclosure Schedule sets forth each instance in which any of the Buyer and its Subsidiaries (i) is subject to any outstanding injunction or judgment or any final order, decree or ruling or (ii) is a party or, to the knowledge of the Buyer, is threatened to be made a party to any action, suit, proceeding, hearing or investigation of, in, or before any court or quasi judicial or administrative agency of any federal, state, local or foreign jurisdiction or before any arbitrator, except for such injunctions, judgments, orders, decrees, rulings, threats, actions, suits, proceedings, hearings and investigations that, individually and in the aggregate, would not reasonably be expected to have a Buyer Material Adverse Effect or a ...
Litigation. ss.4(h) of the Disclosure Schedule sets forth each instance in which any of the HFG Companies and their Subsidiaries (or Masco to the extent relating to this Agreement or any other Transaction Document) (i) is subject to any outstanding injunction or judgment or any final order, decree, or ruling or (ii) is a party or, to the Knowledge of Masco, is threatened to be made a party to any action, suit, proceeding, hearing or investigation of, in, or before any court or quasi judicial or administrative agency of any federal, state, local or foreign jurisdiction or before any arbitrator, except for such injunctions, judgments, orders, decrees, rulings, threats, actions, suits, proceedings, hearings and investigations that would not reasonably be ...
LITIGATION. On the Initial Borrowing Date, there shall be no actions, suits or proceedings pending or threatened (a) with respect to this Agreement or any other Document or the transactions contemplated hereby or thereby (including the Transaction) or (b) which the Agent or the Required Banks shall determine has, or is reasonably likely to have (i) a Material Adverse Effect or (ii) a material adverse effect on the rights or remedies of the Banks hereunder or under any other Credit Document or on the ability of the Borrower to perform its obligations to the Banks hereunder or under any other Credit Document or upon the ability of the parties to consummate the Transaction.
Litigation. The Company will promptly give to the Administrative Agent (which shall promptly notify each Lender) notice in writing of (i) all judgments against it or any of its Subsidiaries which individually exceed $100,000 or in the aggregate exceed $250,000 and (ii) all litigation and of all proceedings of which it is aware before any courts, arbitrators or governmental or regulatory agencies affecting the Company or any of its Subsidiaries except litigation or proceedings which, if adversely determined, would not in the reasonable opinion of the Company have a Material Adverse Effect.
Litigation. Except as set forth in Schedule 9.6, no litigation, arbitration, governmental investigation, proceeding or inquiry is pending, or, to the best knowledge of Parent and the Company (after due inquiry), threatened against Parent or any of its Subsidiaries:
Litigation. Except as set forth in Schedule 7.03 hereto, there are no legal or arbitral proceedings, or any proceedings by or before any governmental or regulatory authority or agency, now pending or (to the best knowledge of the Company) threatened against the Company, any of its Subsidiaries or any of the Partnerships which, if adversely determined, could have a Material Adverse Effect.