Common use of Litigation; Observance of Agreements, Statutes and Orders Clause in Contracts

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect. (b) Neither the Company nor any Restricted Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, without limitation, Environmental Laws, ERISA or the USA Patriot Act) of any Governmental Authority, which default or violation, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Sources: Note Purchase Agreement (Amcol International Corp), Note Purchase Agreement (Perkinelmer Inc), Note Purchase Agreement (Perkinelmer Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse EffectEffect that has not been set forth on Schedule 5.8. (b) Neither the Company nor any Restricted Subsidiary is in aware or has knowledge of any default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, including without limitation, limitation Environmental Laws, ERISA Laws or the USA Patriot Act) of any Governmental Authority, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Sources: Note Purchase Agreement (Artisan Partners Asset Management Inc.), Note Purchase Agreement (Artisan Partners Asset Management Inc.), Note Purchase Agreement (Artisan Partners Asset Management Inc.)

Litigation; Observance of Agreements, Statutes and Orders. (a) There Except as disclosed in Schedule 5.8, there are no actions, suits, investigations suits or proceedings pending or, to the knowledge of the Companyeither Obligor, threatened against or affecting the Company either Obligor or any Restricted Subsidiary or any property of the Company either Obligor or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect. (b) Neither of the Company Obligors nor any Restricted Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, including without limitation, limitation Environmental Laws, ERISA or the USA Patriot Act) of any Governmental Authority, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Sources: Note and Guarantee Agreement (Kilroy Realty Corp), Note and Guarantee Agreement (Rank Group PLC /Eng), Note and Guarantee Agreement (Midas Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) There Except as set forth on Schedule 5.08, there are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect. (b) Neither the Company nor any Restricted Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, including without limitation, limitation Environmental Laws, ERISA Laws or the USA Patriot Act) of any Governmental Authority, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Sources: Letter of Credit and Term Loan Agreement (Chicago Bridge & Iron Co N V), Letter of Credit and Term Loan Agreement (Chicago Bridge & Iron Co N V), Letter of Credit and Term Loan Agreement (Chicago Bridge & Iron Co N V)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect. (b) Neither the Company nor any Restricted Subsidiary is (i) in default under any term of any agreement or instrument to which it is a party or by which it is bound, or (ii) in violation of any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is (iii) in violation of any applicable law, ordinance, rule or regulation (including, without limitation, Environmental Laws, ERISA or Laws and the USA Patriot PATRIOT Act) of any Governmental Authority, which default or violation, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Sources: Note Purchase Agreement (Agnico Eagle Mines LTD), Note Purchase Agreement (Agnico Eagle Mines LTD), Note Purchase Agreement (Agnico Eagle Mines LTD)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect. (b) Neither the Company nor any Restricted Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, including without limitation, limitation Environmental Laws, ERISA or the USA Patriot ActPATRIOT Act and any of the other laws and regulations that are referred to in Section 5.16) of any Governmental Authority, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Sources: Note Purchase Agreement (Meredith Corp), Note Purchase Agreement (Meredith Corp), Note Purchase Agreement (Meredith Corp)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the CompanyCompany or any of its Subsidiaries, threatened against or affecting the Company or any Restricted Subsidiary or any property properties or rights of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect. (b) Neither the Company nor any Restricted Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, without limitation, Environmental Laws, ERISA Laws or the USA Patriot Act) of any Governmental Authority, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Sources: Private Shelf Agreement (CHS Inc), Note Purchase Agreement (CHS Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) There Except as disclosed in SCHEDULE 5.8, there are no actions, suits, investigations suits or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect. (b) Neither the Company nor any Restricted Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, including without limitation, limitation Environmental Laws, ERISA or the USA Patriot Act) of any Governmental Authority, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Sources: Note Purchase Agreement (McGrath Rentcorp), Note Purchase Agreement (First Union Real Estate Equity & Mortgage Investments)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations suits or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect. (b) Neither the The Company nor any Restricted Subsidiary is not (i) in default under any term of any agreement or instrument to which it is a party or by which it is bound, or (ii) in violation of any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is (iii) in violation of any applicable law, ordinance, rule or regulation of any Governmental Authority (including, without limitation, Environmental Laws, ERISA or the USA Patriot Act) PATRIOT Act or any of any Governmental Authoritythe other laws and regulations that are referred to in Section 5.16), which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Sources: Note Purchase Agreement (Uil Holdings Corp), Note Purchase Agreement (Uil Holdings Corp)

Litigation; Observance of Agreements, Statutes and Orders. (a) There Except as disclosed in Schedule 5.8 there are no actions, suits, investigations suits or proceedings pending or, to the knowledge of the CompanyCompany or the Tenant, threatened against or affecting the Company Company, the Tenant or any Restricted Subsidiary or any property of the Company Company, the Tenant or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect. (b) Neither None of the Company nor Company, the Tenant or any Restricted Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, including without limitation, limitation Environmental Laws, ERISA or the USA Patriot Act) of any Governmental Authority, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Sources: Note Purchase Agreement (Hewitt Holdings LLC), Note Purchase Agreement (Hewitt Holdings LLC)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect. (b) Neither the Company nor any Restricted Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, including without limitation, limitation Environmental Laws, ERISA Laws Cleco Power LLC Note Purchase Agreement or the USA Patriot Act) of any Governmental Authority, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Sources: Note Purchase Agreement (Cleco Corp), Note Purchase Agreement (Cleco Corp)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse EffectEffect that has not been set forth on Schedule 5.8. (b) Neither the Company nor any Restricted Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, including without limitation, limitation Environmental Laws, ERISA Laws or the USA Patriot Act) of any Governmental Authority, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Sources: Note Purchase Agreement (Artisan Partners Asset Management Inc.), Note Purchase Agreement (Artisan Partners Asset Management Inc.)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect. (b) Neither the Company nor any Restricted Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, without limitation, including Environmental Laws, ERISA or the USA Patriot ActPATRIOT Act or any of the other laws and regulations that are referred to in Section 5.16) of any Governmental Authority, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Sources: Master Note Purchase Agreement (Polaris Inc.), Master Note Purchase Agreement (Polaris Industries Inc/Mn)

Litigation; Observance of Agreements, Statutes and Orders. (a) There Except as disclosed on Schedule 5.8, there are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect. (b) Neither the Company nor any Restricted Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, including without limitation, limitation Environmental Laws, ERISA Laws or the USA Patriot Act) of any Governmental Authority, which default or violation, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Note Purchase Agreement (Regal Beloit Corp)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the CompanyBorrower, threatened against or affecting the Company Borrower or any Restricted Subsidiary or any property of the Company Borrower or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority thatthat could, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect. (b) Neither the Company Borrower nor any Restricted Subsidiary is (i) in default under any term of any agreement or instrument to which it is a party or by which it is bound, or (ii) in violation of any order, judgment, decree or ruling of any court, any arbitrator of any kind or any Governmental Authority or is (iii) in violation of any applicable law, ordinance, rule or regulation of any Governmental Authority (including, without limitation, including Environmental Laws, ERISA or the USA Patriot PATRIOT Act) of any Governmental Authority), which default or violationviolation could, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit Agreement

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Companyeither Obligor, threatened against or affecting the Company either Obligor or any Restricted Subsidiary or any property of the Company either Obligor or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect. (b) Neither of the Company Obligors nor any Restricted Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, without limitation, Environmental Laws, ERISA Laws or the USA Patriot Act) of any Governmental Authority, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Note and Guarantee Agreement (United America Indemnity, LTD)

Litigation; Observance of Agreements, Statutes and Orders. (a) There Except as disclosed in Schedule 5.8, there are no actions, suits, investigations suits or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect. (b) Neither the Company nor any Restricted Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, without limitation, Environmental Laws, ERISA or the USA Patriot Act) of any Governmental Authority, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Note Purchase Agreement (Enerplus Resources Fund)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the CompanyCompany or any of its Subsidiaries, threatened against or affecting the Company or any Restricted Subsidiary or any property properties or rights of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect. (b) Neither the Company nor any Restricted Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, without limitation, Environmental Laws, ERISA or Laws and the USA Patriot Act) of any Governmental Authority, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Note Purchase Agreement (CHS Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) There Except as disclosed in Schedule 5.8, there are no actions, suits, investigations suits or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect. (b) Neither the Company nor any Restricted Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, without limitation, Environmental Laws, ERISA or the USA Patriot Act) of any Governmental Authority, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Note Purchase Agreement (Ruby Tuesday Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company any Obligor or any Restricted Subsidiary or any property of the Company any Obligor or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.. ▇▇▇▇ ▇▇▇▇ Technologies Corporation Note Purchase Agreement (b) Neither the Company No Obligor nor any Restricted Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, including without limitation, limitation Environmental Laws, ERISA Laws or the USA Patriot Act) of any Governmental Authority, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Note Purchase Agreement (John Bean Technologies CORP)

Litigation; Observance of Agreements, Statutes and Orders. (a) There Except as disclosed in Section 5.8, there are no actions, suits, investigations suits or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect. (b) Neither the Company nor any Restricted Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, without limitation, Environmental Laws, ERISA or the USA Patriot Act) of any Governmental Authority, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Note Purchase Agreement (Enerplus Resources Fund)

Litigation; Observance of Agreements, Statutes and Orders. (a) There Except as disclosed in Schedule 8.8, there are no actions, suits, investigations suits or proceedings pending or, to the knowledge of the CompanyCompany and/or ICON, threatened against or affecting the Company Company, ICON or any Restricted Subsidiary of their Subsidiaries or any property of the Company Company, ICON or any Restricted Subsidiary of their Subsidiaries in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect. (b) Neither the Company Company, ICON nor any Restricted Subsidiary of their Subsidiaries is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, without limitation, Environmental Laws, ERISA or the USA Patriot Act) of any Governmental Authority, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Note Purchase Agreement (Credit Suisse First Boston Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Significant Subsidiary or affecting any property of the Company or any Restricted Significant Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect. (b) Neither the Company nor any Restricted Significant Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, without limitation, Environmental Laws, ERISA ERISA, or the USA Patriot PATRIOT Act) of any Governmental Authority, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Master Note Purchase Agreement (Hawaiian Electric Industries Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse EffectEffect that has not been set forth on Schedule 5.8. (b) Neither the Company nor any Restricted Subsidiary is in aware or has knowledge of any default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, including without limitation, limitation Environmental Laws, ERISA Laws or the USA Patriot Act) of any Governmental Authority, which default or Artisan Partners Holdings LP Note Purchase Agreement violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Note Purchase Agreement (Artisan Partners Asset Management Inc.)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect. (b) Neither the Company nor any Restricted Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, including without limitation, limitation Environmental Laws, ERISA or the USA Patriot Act) PATRIOT Act or any of any Governmental Authoritythe other laws and regulations that are referred to in Section 5.16), which default or violation, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Note Purchase Agreement (Stericycle Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting (i) the Company, (ii) the property to be acquired by the Company in the Acquisition or any Restricted Subsidiary or any property of (iii) the Company or any Restricted Subsidiary Parent insofar as it relates to the Acquisition, in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect. (b) Neither the The Company nor any Restricted Subsidiary is not in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, including without limitation, limitation Environmental Laws, ERISA Laws or the USA Patriot Act) of any Governmental Authority, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Bond Purchase Agreement (Empire District Electric Co)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect. (b) Neither the Company nor any Restricted Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, without limitation, Environmental LawsLaws and any of the laws and regulations referred to in Section 5.16), ERISA or the USA Patriot Act) of any Governmental Authority, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Note Purchase and Private Shelf Agreement (Checkpoint Systems Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations suits or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any of its Restricted Subsidiary Subsidiaries or any property of the Company or any of its Restricted Subsidiary Subsidiaries in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect. (b) Neither the Company nor any of its Restricted Subsidiary is Subsidiaries are in default under any term of any agreement or instrument to which it is they are a party or by which it is they are bound, or any order, judgment, decree decree, or ruling of any court, arbitrator or Governmental Authority or is are in violation of any applicable law, ordinance, rule or regulation (including, including without limitation, limitation Environmental Laws, ERISA or the USA Patriot Act) of any Governmental Authority, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Private Shelf Agreement (Aecom Merger Corp)

Litigation; Observance of Agreements, Statutes and Orders. (a) There Except as disclosed in Schedule 5.8, there are no actions, suits, investigations or proceedings pending or, to the knowledge of the Companyeither Obligor, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect. (b) Neither the Company nor any Restricted Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, including without limitation, limitation Environmental Laws, ERISA Laws or the USA Patriot Act) of any Governmental Authority, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Note Purchase Agreement (Nisource Inc/De)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect. (b) Neither the Company nor any Restricted Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, without limitation, Environmental Laws, ERISA Laws or the USA Patriot Act) of any Governmental Authority, which default or violation, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Note Purchase Agreement (Egl Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) There Except as disclosed in Schedule 5.8, there are no actions, suits, investigations suits or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect. (b) Neither the Company nor any Restricted Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, including without limitation, limitation Environmental Laws, ERISA or Laws and the USA Patriot Act) of any Governmental Authority, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Note Purchase Agreement (Elkcorp)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the CompanyGuarantor, threatened against or affecting the Company Guarantor or any Restricted Subsidiary of its Subsidiaries or any property of the Company Guarantor or any Restricted Subsidiary of its Subsidiaries in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect. (b) Neither the Company Guarantor nor any Restricted Subsidiary of its Subsidiaries is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, including without limitation, limitation Environmental Laws, ERISA Laws or the USA Patriot Act) of any Governmental Authority, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Trust Guaranty (First Potomac Realty Trust)

Litigation; Observance of Agreements, Statutes and Orders. (a) There Except as disclosed in SCHEDULE 5.7, there are no actions, suits, investigations suits or proceedings pending and publicly filed or, to the knowledge of the Company, otherwise pending or threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect. (b) Neither the Company nor any Restricted Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, including without limitation, limitation Environmental Laws, ERISA or the USA Patriot Act) of any Governmental Authority, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Note Purchase Agreement (Virginia Gas Co)

Litigation; Observance of Agreements, Statutes and Orders. (a) There Except as disclosed in Schedule 5.8, there are no actions, suits, investigations suits or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect. (b) Neither neither the Company nor any Restricted Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, without limitation, including Environmental Laws, ERISA or Laws and the USA Patriot Act) of any Governmental Authority, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Master Note Purchase Agreement (Tetra Technologies Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect. (b) Neither the Company nor any Restricted Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, without limitation, Environmental Laws, ERISA or the USA Patriot Act) of any Governmental Authority, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Note Purchase Agreement (Mettler Toledo International Inc/)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, governmental investigations or proceedings pending or, to the knowledge of the Company, threatened against or directly affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect. (b) Neither the Company nor any Restricted Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, including without limitation, limitation Environmental Laws, ERISA Laws or the USA Patriot Act) of any Governmental Authority, which default or violation, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Note Purchase Agreement (Diebold Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect. (b) Neither the Company nor any Restricted Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, including without limitation, limitation Environmental Laws, ERISA or the USA Patriot ActAct and the AML / Anti-Terrorism Laws) of any Governmental Authority, which default or violation, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Note Purchase Agreement (Stericycle Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) There Except as described on Schedule 5.8 as of the date of this Agreement, there are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect. (b) Neither the Company nor any Restricted Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, including without limitation, limitation Environmental Laws, ERISA Laws or the USA Patriot Act) of any Governmental Authority, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Note Purchase Agreement (Waddell & Reed Financial Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect. (b) Neither the Company nor any Restricted Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, including without limitation, limitation Environmental Laws, ERISA or the USA Patriot Act) PATRIOT Act and any of the laws and regulations referred to in Section 5.16), of any Governmental Authority, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Note Purchase Agreement (Patterson Uti Energy Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations suits or proceedings pending or, to the knowledge of the Companyany Obligor, threatened against or affecting the Company any Obligor or any Restricted Subsidiary or any property of the Company any Obligor or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect. (b) Neither of the Company Obligors nor any Restricted Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, including without limitation, limitation Environmental Laws, ERISA or the USA Patriot Act) of any Governmental Authority, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Note Purchase Agreement (Devry Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) There Except as disclosed in Schedule 5.8, there are no actions, suits, investigations suits or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect. (b) Neither the Company nor any Restricted Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, without limitation, including Environmental Laws, ERISA or Laws and the USA Patriot Act) of any Governmental Authority, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Note Purchase Agreement (Tetra Technologies Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) There Except as disclosed in the financial statements described in Schedule 5.5, there are no actions, suits, investigations suits or other proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect. (b) Neither the Company nor any Restricted Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, without limitation, Environmental Laws, ERISA or the USA Patriot Act) of any Governmental Authority, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Guaranty Agreement (Hub International LTD)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect. (b) Neither the Company nor any Restricted Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, including without limitation, limitation Environmental Laws, ERISA or the USA Patriot ActAct or any of the laws and regulations referred to in Section 5.16) of any Governmental Authority, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Note Purchase Agreement (Cabot Oil & Gas Corp)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.. ▇▇▇ ▇▇▇▇▇▇▇▇ Freight Line, Inc. Note Purchase Agreement (b) Neither the Company nor any Restricted Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, including without limitation, limitation Environmental Laws, ERISA Laws or the USA Patriot Act) of any Governmental Authority, which default or violation, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Note Purchase Agreement (Old Dominion Freight Line Inc/Va)

Litigation; Observance of Agreements, Statutes and Orders. Except as disclosed in Schedule 5.8, (a) There there are no actions, suits, investigations suits or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.; and (b) Neither neither the Company nor any Restricted Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, without limitation, including Environmental Laws, ERISA or Laws and the USA Patriot Act) of any Governmental Authority, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Master Note Purchase Agreement (Kirby Corp)

Litigation; Observance of Agreements, Statutes and Orders. (a) There Except as disclosed in the Disclosure Documents, there are no actions, suits, investigations suits or proceedings pending or, to the knowledge of the Company, threatened against or affecting the 12 8 Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect. (b) Neither the Company nor any Restricted Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, including without limitation, limitation Environmental Laws, ERISA or the USA Patriot Act) of any Governmental Authority, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Note Purchase Agreement (Lone Star Industries Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) There Except as disclosed in the Memorandum under the caption "Tecumseh Products Company -- Legal Proceedings," there are no actions, suits, investigations suits or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect. (b) Neither the Company nor any Restricted Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, including without limitation, limitation Environmental Laws, ERISA or the USA Patriot Act) of any Governmental Authority, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Note Purchase Agreement (Tecumseh Products Co)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property Property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect. (b) Neither the Company nor any Restricted Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, including without limitation, limitation Environmental Laws, ERISA Laws or the USA Patriot Act, or any of the other laws and regulations referred to in Section 5.16) of any Governmental Authority, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Note Purchase Agreement (LTC Properties Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect. (b) Neither the Company nor any Restricted Subsidiary is in default under any term of any agreement or instrument to which it is a party or by which it is bound, or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or is in violation of any applicable law, ordinance, rule or regulation (including, including without limitation, limitation Environmental Laws, ERISA or the USA Patriot Act, or any of the other laws and regulations referred to in Section 5.16) of any Governmental Authority, which default or violation, individually or in the aggregate, would could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Note Purchase and Private Shelf Agreement (McGrath Rentcorp)