Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 40 contracts
Sources: Credit Agreement (AFG Holdings, Inc.), Abl Credit Agreement (AFG Holdings, Inc.), Credit Agreement (Pinnacle Foods Inc.)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of its the Restricted Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.
Appears in 40 contracts
Sources: Credit Agreement (Life Time Group Holdings, Inc.), Credit Agreement (WideOpenWest, Inc.), Credit Agreement (JOANN Inc.)
Litigation. There are no actions, suits, investigations or legal, equitable, arbitration or administrative proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries which would have or against any of their properties or revenues that either individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.
Appears in 26 contracts
Sources: Term Loan Agreement (Public Service Co of New Mexico), Term Loan Agreement (PNM Resources Inc), Term Loan Agreement (Public Service Co of New Mexico)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Restricted Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 17 contracts
Sources: Credit Agreement (SeaWorld Entertainment, Inc.), Credit Agreement (SeaWorld Entertainment, Inc.), Credit Agreement (Catalent, Inc.)
Litigation. There are no actions, suits, proceedings, claims suits or disputes proceedings at law or in equity by or before any Governmental Authority or other agency now pending and served or, to the best knowledge of the Borrower, threatened in writing or contemplatedagainst Borrower, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower Guarantor or any of its Subsidiaries Collateral, which actions, suits or proceedings, if determined against any of their properties Borrower, Guarantor or revenues that either individually or such Collateral, are reasonably likely to result in the aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 17 contracts
Sources: Loan Agreement (Affordable Residential Communities Inc), Loan Agreement (Affordable Residential Communities Inc), Loan Agreement (Affordable Residential Communities Inc)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries Restricted Subsidiary, or against any of their properties or revenues that either individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.
Appears in 17 contracts
Sources: First Lien Credit Agreement (ZoomInfo Technologies Inc.), Credit Agreement (Allison Transmission Holdings Inc), First Lien Credit Agreement (ZoomInfo Technologies Inc.)
Litigation. There are is no actionsaction, suitssuit, proceedingsor proceeding, claims judicial, administrative, or disputes otherwise (including any condemnation or similar proceeding), pending or, to the best knowledge of the Borrower, threatened in writing or contemplatedcontemplated against, at lawor affecting, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could reasonably be expected to Property which would have a Material Adverse Effectmaterial adverse effect on either the Property or Borrower’s ability to perform its obligations.
Appears in 16 contracts
Sources: Second Priority Mortgage and Security Agreement (250 West 57th St Associates L.L.C.), Mortgage Agreement (60 East 42nd Street Associates L.L.C.), Mortgage and Security Agreement (Mack Cali Realty Corp)
Litigation. There are no actions, suits, proceedings, claims suits or disputes proceedings pending or, to the knowledge of the Borrower, threatened in writing or contemplatedthreatened, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries that (a) purport to call into question the validity or against enforceability of this Agreement or any other Loan Document, or any of their properties the transactions contemplated hereby, or revenues that (b) either individually or in the aggregate, could aggregate are reasonably be expected likely to have a Material Adverse Effect.
Appears in 16 contracts
Sources: Term Loan Credit Agreement (Lowes Companies Inc), 364 Day Revolving Credit Agreement (Lowes Companies Inc), Credit Agreement (Lowes Companies Inc)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its the Restricted Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.
Appears in 15 contracts
Sources: Credit Agreement (Ensemble Health Partners, Inc.), Credit Agreement (Superior Industries International Inc), Credit Agreement (BJ's Wholesale Club Holdings, Inc.)
Litigation. There are no actions, suits, proceedings, claims proceedings or disputes investigations pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authoritycourt or administrative or governmental agency that may, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues that either individually or in collectively, adversely affect the aggregate, could reasonably be expected to have a Material Adverse Effectfinancial condition or business operations of Borrower.
Appears in 14 contracts
Sources: Loan Facility Agreement (Aaron's Company, Inc.), Loan Facility Agreement (Aaron's Company, Inc.), Loan Facility Agreement (Aaron's Inc)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerLoan Parties, overtly threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against any member of the Borrower or any of its Subsidiaries Restricted Group or against any of their properties or revenues that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 13 contracts
Sources: Additional Facility Joinder Agreement (Liberty Latin America Ltd.), Amendment Agreement (Liberty Latin America Ltd.), Credit Agreement (Liberty Latin America Ltd.)
Litigation. There are no actions, suits, proceedings, claims suits or disputes proceedings pending or, to the knowledge of the Borrower, threatened in writing or contemplatedthreatened, at law, in equity, in arbitration or before any Governmental Authority, by or against any member of the Borrower or any of its Subsidiaries Consolidated Group or against any of their properties or revenues that either individually or in the aggregate, could aggregate would reasonably be expected to have a Material Adverse Effect.
Appears in 13 contracts
Sources: Revolving Credit Agreement (Akumin Inc.), Revolving Credit Agreement (Akumin Inc.), Revolving Credit Agreement (Akumin Inc.)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerBorrowers, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower any Loan Party or any of its Subsidiaries or against any of their properties or revenues (other than actions, suits, proceedings and claims in connection with the Transaction) that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 12 contracts
Sources: Credit Agreement (Nielsen Holdings PLC), Credit Agreement (Nielsen CO B.V.), Credit Agreement (Nielsen Holdings N.V.)
Litigation. There are no actions, suitsinvestigations, proceedings, claims suits or disputes proceedings pending or, to the knowledge of the Borrower, threatened in writing or contemplatedthreatened, at law, in equityequity or in arbitration, in arbitration or before any court, other Governmental AuthorityAuthority or other Person, by (i) against or against affecting the Borrower or Borrower, any of its Subsidiaries or against any of their respective properties or revenues that either individually or in the aggregatewould, could if adversely determined, be reasonably be expected likely to have a Material Adverse Effect, or (ii) with respect to this Agreement or any of the other Credit Documents.
Appears in 12 contracts
Sources: Credit Agreement (Old Dominion Freight Line Inc/Va), Credit Agreement (Old Dominion Freight Line Inc/Va), Credit Agreement (Old Dominion Freight Line Inc/Va)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the any Borrower, overtly threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Parent Borrower or any of its Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.
Appears in 12 contracts
Sources: Superpriority Secured Debtor in Possession Credit Agreement (iHeartMedia, Inc.), Credit Agreement (iHeartCommunications, Inc.), Credit Agreement (Clear Channel Communications Inc)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Restricted Subsidiaries or against any of their properties or revenues (i) as of the Closing Date, that either individually pertain to this Agreement, any other Loan Document or in the aggregate, could consummation of the Transactions or (ii) that would reasonably be expected to have a Material Adverse Effect.
Appears in 12 contracts
Sources: Incremental Commitment Amendment (Warner Music Group Corp.), Incremental Commitment Amendment (Warner Music Group Corp.), Incremental Commitment Amendment (Warner Music Group Corp.)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerResponsible Officers of the Loan Parties, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries Subsidiary or against any of their properties or revenues that either individually or in the aggregatethat, if determined adversely, could reasonably be expected to have a Material Adverse Effect.
Appears in 11 contracts
Sources: Credit Agreement (Sisecam Chemicals USA Inc.), Credit Agreement (Ciner Enterprises Inc.), Credit Agreement (Ciner Resources LP)
Litigation. There are no actions, suits, proceedings, claims arbitrations or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration governmental investigations by or before any Governmental AuthorityAuthority or other court or agency now filed or otherwise pending, by and to Borrower’s knowledge there are no such actions, suits, proceedings, arbitrations or governmental investigations threatened in writing against the Borrower Borrower, Guarantor or any of its Subsidiaries or against the Collateral, in each case, (a) with respect to any of their properties the Loan Documents or revenues any of the transactions contemplated hereby or thereby or (b) that either individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.
Appears in 10 contracts
Sources: Loan Agreement (Sears Holdings Corp), Loan Agreement, Loan Agreement (Sears Holdings Corp)
Litigation. There are no actions, suits, investigations, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries property that (a) purport to affect or against pertain to this Agreement or any other Loan Document, or any of their properties the transactions contemplated hereby or revenues that thereby, or (b) either individually or in the aggregate, aggregate has had or could reasonably be expected to have a Material Adverse Effect.
Appears in 10 contracts
Sources: Margin Loan Agreement (Liberty Broadband Corp), Margin Loan Agreement (Liberty Broadband Corp), Margin Loan Agreement and Collateral Account Control Agreement (Liberty Broadband Corp)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its the Restricted Subsidiaries or against any of their properties or revenues that either would reasonably be expected to have, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 10 contracts
Sources: Credit Agreement (GFL Environmental Inc.), Credit Agreement (GFL Environmental Inc.), Credit Agreement (Solo Brands, Inc.)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower any Loan Party or any of its Subsidiaries or against any of their properties or revenues (other than actions, suits, proceedings and claims in connection with the Transactions) that either individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.
Appears in 9 contracts
Sources: Credit Agreement (Audacy, Inc.), Credit Agreement (Entercom Communications Corp), Credit Agreement (CBS Corp)
Litigation. There are no actions, suits, proceedings, claims suits or disputes proceedings pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues that either individually assets by or in before any court or any Governmental Authority which would materially and adversely affect the aggregate, could reasonably be expected ability of Borrower to have a Material Adverse Effectperform its obligations hereunder or to consummate the transaction contemplated hereby.
Appears in 9 contracts
Sources: Loan Agreement (Affordable Residential Communities Inc), Loan Agreement (Affordable Residential Communities Inc), Loan Agreement (Affordable Residential Communities Inc)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 9 contracts
Sources: Fifth Amendment to Fourth Amended and Restated Credit Agreement (Greenbrier Companies Inc), Credit Agreement (Greenbrier Companies Inc), Credit Agreement (Greenbrier Companies Inc)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its the Restricted Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could aggregate would reasonably be expected to have a Material Adverse Effect.
Appears in 8 contracts
Sources: Fourth Term Loan Extension Amendment (Sabre Corp), Third Term Loan Extension Amendment (Sabre Corp), Credit Agreement
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrowerany Borrower after reasonable investigation, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower Company or any of its Subsidiaries or against any of their properties or revenues that either individually (a) purport to affect or in pertain to this Agreement or any other Loan Document, or any of the aggregate, transactions contemplated hereby or (b) could reasonably be expected to have a Material Adverse Effect.
Appears in 8 contracts
Sources: Credit Agreement (Teledyne Technologies Inc), Credit Agreement (Teledyne Technologies Inc), Credit Agreement (Teledyne Technologies Inc)
Litigation. There are no actions, suits, investigations or legal, equitable, arbitration or administrative proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against that materially adversely affect the Borrower or any transaction contemplated hereby or the ability of the Borrower to perform its Subsidiaries or against any of their properties or revenues that either individually or in obligations under the aggregate, could reasonably be expected to have a Material Adverse EffectCredit Documents.
Appears in 8 contracts
Sources: Credit Agreement (Wisconsin Energy Corp), Credit Agreement (Wisconsin Energy Corp), Credit Agreement (Wisconsin Energy Corp)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of Holdings or the Borrower, threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against any member of the Borrower or any of its Subsidiaries Restricted Group or against any of their properties or revenues that that, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 7 contracts
Sources: Credit Agreement (Surgery Partners, Inc.), Credit Agreement (Surgery Partners, Inc.), Credit Agreement (Surgery Partners, Inc.)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Restricted Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 7 contracts
Sources: Revolving Credit Agreement (WaterBridge Infrastructure LLC), Revolving Credit Agreement (WaterBridge Infrastructure LLC), Revolving Credit Agreement (WaterBridge Infrastructure LLC)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries Restricted Subsidiary or against any of their properties or revenues that have a reasonable likelihood of adverse determination and such determination, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 7 contracts
Sources: Omnibus Incremental Term Loan and Seventh Amendment to Credit Agreement (Global Eagle Entertainment Inc.), Credit Agreement (Global Eagle Entertainment Inc.), First Lien Credit Agreement (Jason Industries, Inc.)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Lead Borrower, threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the Lead Borrower or any of its Restricted Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 7 contracts
Sources: Credit Agreement (Trinseo PLC), Credit Agreement (Trinseo PLC), Credit Agreement (Trinseo S.A.)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, Borrowers threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower Borrowers or any of its Subsidiaries Restricted Subsidiary, or against any of their properties or revenues that either individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.
Appears in 7 contracts
Sources: Fifth Amendment (Ortho Clinical Diagnostics Holdings PLC), Credit Agreement (Ortho Clinical Diagnostics Holdings PLC), Amendment (Ortho Clinical Diagnostics Holdings PLC)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, or threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues that either individually (a) purport to affect or in pertain to this Agreement or any other Loan Document, or any of the aggregate, transactions contemplated hereby or (b) could reasonably be expected to have a Material Adverse Effect.
Appears in 7 contracts
Sources: Credit Agreement (Joy Global Inc), Credit Agreement (Joy Global Inc), Credit Agreement (Joy Global Inc)
Litigation. There are no actions, suits, proceedings, claims suits or disputes proceedings pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against with respect to the Borrower or any of its Subsidiaries (i) that have had, or against any of their properties or revenues that either individually or in the aggregate, could reasonably be expected to have have, a Material Adverse Effect, or (ii) that question the validity or enforceability of any of the Loan Documents, or of any action to be taken by the Borrower or any of the other Credit Parties pursuant to any of the Loan Documents.
Appears in 7 contracts
Sources: Credit Agreement (Circor International Inc), Credit Agreement (Circor International Inc), Credit Agreement (Circor International Inc)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the any Borrower, threatened in writing or contemplatedthreatened, at law, in equity, in arbitration or before any Governmental Authority, by or against the any Borrower or any of its Subsidiaries Restricted Subsidiary or against any of their properties that (a) purport to affect or revenues that pertain to this Agreement or any other Loan Document, or any of the transactions contemplated hereby, or (b) either individually or in the aggregate, aggregate could reasonably be expected to have a Material Adverse Effect.
Appears in 7 contracts
Sources: Credit Agreement (World Fuel Services Corp), Credit Agreement (World Fuel Services Corp), Credit Agreement (World Fuel Services Corp)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of its the Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.
Appears in 7 contracts
Sources: Super Priority Credit Agreement (WideOpenWest, Inc.), Super Priority Credit Agreement (WideOpenWest, Inc.), Credit Agreement (WideOpenWest, Inc.)
Litigation. There are no actions, suits, proceedings, disputes or known claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues that either revenues, except as set forth in Schedule 3.15, or which individually or in the aggregate, could not reasonably be expected to have result in a Material Adverse Effect.
Appears in 7 contracts
Sources: Credit Agreement (Puget Sound Energy Inc), Credit Agreement (Puget Sound Energy Inc), Term Loan Agreement (Puget Sound Energy Inc)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerBorrowers, threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the any Borrower or any of its Restricted Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.
Appears in 7 contracts
Sources: Credit Agreement (Fidelity National Information Services, Inc.), Credit Agreement (Fidelity National Information Services, Inc.), Seventh Amendment and Restatement Agreement (Fidelity National Information Services, Inc.)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries Subsidiary or against any of their properties or revenues that either individually (a) purport to affect or in pertain to this Agreement or any other Loan Document, or any of the aggregate, transactions contemplated hereby or (b) could reasonably be expected to have a Material Adverse Effect.
Appears in 6 contracts
Sources: Loan Agreement (Cadence Design Systems Inc), Credit Agreement (Cadence Design Systems Inc), Loan Agreement (Cadence Design Systems Inc)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of its the Subsidiaries or against any of their properties or revenues Affiliated Practice that either individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.
Appears in 6 contracts
Sources: Credit Agreement (LifeStance Health Group, Inc.), Credit Agreement (LifeStance Health Group, Inc.), Credit Agreement (LifeStance Health Group, Inc.)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, Borrower threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document, or any of the transactions contemplated hereby, or (b) either individually or in the aggregate, could aggregate would reasonably be expected to have a Material Adverse Effect.
Appears in 6 contracts
Sources: Credit Agreement (Cohen & Steers, Inc.), Credit Agreement (Franklin Resources Inc), Credit Agreement (Cohen & Steers, Inc.)
Litigation. There are no actions, suits, proceedings, claims claims, disputes or disputes investigations of or before any Governmental Authority, pending or, to the knowledge of the Borrowerany Group Member, threatened in writing or contemplatedwriting, at law, law or in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries Restricted Subsidiary or against any of their properties or revenues that (a) either individually or in the aggregate, aggregate could reasonably be expected to have a Material Adverse EffectEffect or (b) purport to affect or pertain to this Agreement or any other Loan Document or any of the transactions contemplated hereby.
Appears in 6 contracts
Sources: Credit Agreement (Pure Storage, Inc.), Credit Agreement (Teradyne, Inc), Credit Agreement (Teradyne, Inc)
Litigation. There are no actions, suits, proceedingsinvestigations or legal, claims equitable, arbitration or disputes administrative proceedings pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or Borrower, any of its Subsidiaries or against any of their its properties which could have or revenues that either individually or in the aggregate, could be reasonably be expected to have a Material Adverse Effect.
Appears in 6 contracts
Sources: 364 Day Revolving Credit Agreement (Atmos Energy Corp), Revolving Credit Agreement (Atmos Energy Corp), Revolving Credit Agreement (Atmos Energy Corp)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, Borrowers threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower Borrowers or any of its Subsidiaries Restricted Subsidiary, or against any of their properties or revenues that either individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.
Appears in 6 contracts
Sources: Credit Agreement (Axalta Coating Systems Ltd.), Credit Agreement (Axalta Coating Systems Ltd.), Credit Agreement (Axalta Coating Systems Ltd.)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerBorrower after reasonable investigation, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues that either individually (a) purport to affect or in pertain to this Agreement or any other Loan Document, or any of the aggregate, transactions contemplated hereby or (b) could reasonably be expected to have a Material Adverse Effect.
Appears in 6 contracts
Sources: Term Loan Credit Agreement (Teledyne Technologies Inc), Credit Agreement (Teledyne Technologies Inc), Credit Agreement
Litigation. There are no actions, suits, proceedingsProceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries Restricted Subsidiary, or against any of their properties or revenues that either individually or in the aggregate, could would reasonably be expected to have a Material Adverse EffectEffect other than those disclosed in Schedule 5.06.
Appears in 6 contracts
Sources: Credit Agreement (KLDiscovery Inc.), Credit Agreement (KLDiscovery Inc.), Subordination Agreement (KLDiscovery Inc.)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings or the Borrower or any of its Subsidiaries the Borrower’s Restricted Subsidiaries, or against any of their properties or revenues that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 6 contracts
Sources: Credit Agreement, Second Lien Credit Agreement (Syniverse Holdings Inc), Credit Agreement (Syniverse Holdings Inc)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document, or (b) either individually or in the aggregate, aggregate could reasonably be expected to have a Material Adverse Effect.
Appears in 6 contracts
Sources: Credit Agreement (Timken Co), Credit Agreement (Timken Co), Credit Agreement (TimkenSteel Corp)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the any Borrower, threatened in writing or contemplatedthreatened, at law, in equity, in arbitration or before any Governmental Authority, by or against the such Borrower or any of its Restricted Subsidiaries or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document or any of the transactions contemplated hereby, or (b) either individually or in the aggregate, aggregate could reasonably be expected to have a Material Adverse Effect.
Appears in 5 contracts
Sources: Credit Agreement (Benchmark Electronics Inc), Credit Agreement (Benchmark Electronics Inc), Credit Agreement (Benchmark Electronics Inc)
Litigation. There are no actions, suits, proceedings, claims proceedings or disputes investigations pending or, to the knowledge of the Borrower’s knowledge, threatened in writing or contemplated, at law, in equity, in arbitration by or before any court or any Governmental Authority, by body or against agency or any arbitration board which are reasonably likely to materially adversely affect the business, financial position or results of operations of the Borrower and its Consolidated Entities, taken as a whole or any the authority or ability of the Borrower to perform its Subsidiaries obligations under this Agreement or against any of their properties or revenues that either individually or in the aggregate, could reasonably be expected to have a Material Adverse EffectNotes.
Appears in 5 contracts
Sources: Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerBorrowers, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Parent Borrower or any of its Subsidiaries or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document, or (b) either individually or in the aggregate, aggregate could reasonably be expected to have a Material Adverse Effect.
Appears in 5 contracts
Sources: Credit Agreement (Leslie's, Inc.), Credit Agreement (Leslie's, Inc.), Credit Agreement (Leslie's, Inc.)
Litigation. There are is no actionsaction, suits, proceedings, claims suit or disputes proceeding pending or, to the knowledge best of the Borrower's knowledge, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or the applicable Fund(s) in any court or before any arbitrator or governmental body which seeks to restrain any of its Subsidiaries the transactions contemplated by this Agreement or against any of their properties or revenues that either individually or in the aggregate, which could reasonably be expected to have a Material Adverse Effect.material adverse effect on the assets or business operations of the Borrower or the applicable Fund(s) or the ability of such applicable Fund(s) to pay and perform their respective obligations hereunder and under the Notes; and
Appears in 5 contracts
Sources: Facility Agreement (Usaa Mutual Funds Trust), Facility Agreement (USAA ETF Trust), Facility Agreement (Usaa Mutual Funds Trust)
Litigation. There are no actions, suits, proceedings, claims proceedings or disputes investigations pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authoritycourt, by tribunal or against the Borrower administrative or any of its Subsidiaries or against any of their properties or revenues governmental agency that either may, individually or in collectively, adversely affect the aggregate, could reasonably be expected to have a Material Adverse Effectfinancial condition or business operations of Borrower.
Appears in 5 contracts
Sources: Loan Facility Agreement (Aaron's Company, Inc.), Loan Facility Agreement (Aaron's Company, Inc.), Loan Facility Agreement (Aaron's Inc)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the any Borrower or any of its Subsidiaries Party, or against any of their properties or revenues that either individually or in the aggregaterevenues, could as to which there is a reasonable probability of an adverse determination and that, if adversely determined, would reasonably be expected to have a Material Adverse Effect.
Appears in 5 contracts
Sources: Credit Agreement (Irobot Corp), Credit Agreement (Irobot Corp), Credit Agreement (Irobot Corp)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its the Restricted Subsidiaries or against any of their properties or revenues that either would reasonably be expected to have, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 5 contracts
Sources: First Lien Credit Agreement (Authentic Brands Group Inc.), Credit Agreement (Impax Laboratories Inc), Credit Agreement (Impax Laboratories Inc)
Litigation. There are no actions, suits, proceedingsclaims, claims disputes or disputes proceedings at law or in equity by or before any Governmental Authority now pending or, to the best of the knowledge of Holdings, or the Borrower, threatened in writing against or contemplatedaffecting any Group Member or any business, at law, in equity, in arbitration property or before rights of any Governmental Authority, by Group Member (i) that purport to affect or against the Borrower involve any Loan Document or any of its Subsidiaries the Transactions or against any of their properties or revenues (ii) that either could, individually or in the aggregate, could reasonably be expected to have result in a Material Adverse Effect.
Appears in 5 contracts
Sources: Credit Agreement (FreightCar America, Inc.), Credit Agreement (Pacific Investment Management Co LLC), Credit Agreement (Pacific Investment Management Co LLC)
Litigation. There are no actions, suits, proceedings, investigations, claims or disputes pending or, to the knowledge of the BorrowerLoan Parties, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Sources: Credit Agreement (Armstrong World Industries Inc), Credit Agreement (Armstrong World Industries Inc), Credit Agreement (Armstrong World Industries Inc)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the any Borrower, threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the any Borrower or any of its their Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, aggregate could reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Sources: Credit Agreement (Novanta Inc), Credit Agreement (Novanta Inc), Credit Agreement (Novanta Inc)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower Company or any of its Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Sources: Credit Agreement (Sungard Data Systems Inc), Credit Agreement (Sungard Capital Corp Ii), Credit Agreement (Sungard Capital Corp Ii)
Litigation. There are no actions, suits, proceedingsinvestigations or legal, claims equitable, arbitration or disputes administrative proceedings pending or, to the knowledge of the any Borrower, threatened in writing against or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower affecting ▇▇▇▇▇▇▇▇▇ or any of its Subsidiaries or against any of their properties or revenues that either (a) purport to affect or pertain to any Loan Document or (b) if determined adversely, could reasonably be expected, individually or in the aggregate, could reasonably be expected to have result in a Material Adverse Effect.
Appears in 4 contracts
Sources: Credit Agreement (Carpenter Technology Corp), Credit Agreement (Carpenter Technology Corp), Credit Agreement (Carpenter Technology Corp)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of its Restricted Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Sources: Credit Agreement (CommScope Holding Company, Inc.), Term Loan Credit Agreement (CommScope Holding Company, Inc.), Credit Agreement (CommScope Holding Company, Inc.)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower any Loan Party or any of its the Restricted Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Sources: Credit Agreement (Mattress Firm Group Inc.), Abl Credit Agreement (Mattress Firm Group Inc.), Credit Agreement (Mattress Firm Group Inc.)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Holdings or any Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower Holdings or any of its Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Sources: Credit Agreement (Education Management Corporation), Credit and Guaranty Agreement (AID Restaurant, Inc.), Credit and Guaranty Agreement (Education Management LLC)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower Holdings or any of its Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Sources: Credit Agreement (Travelport LTD), Credit Agreement (Travelport LTD), Credit Agreement (Travelport LTD)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerBorrower after due and diligent investigation, threatened in writing or contemplatedthreatened, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, if determined adversely, could reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Sources: Credit Agreement (Vista Outdoor Inc.), Credit Agreement (Vista Outdoor Inc.), Credit Agreement (Vista Outdoor Inc.)
Litigation. There are no actions, suits, investigations, criminal prosecutions, civil investigative demands, imposition of criminal or civil fines or penalties, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries Restricted Subsidiary or against any of their properties or revenues that either individually or in the aggregate, aggregate could reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Sources: Credit Agreement (Mercury Systems Inc), Credit Agreement (Mercury Systems Inc), Credit Agreement (Mercury Systems Inc)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower any Loan Party or any of its Subsidiaries Restricted Subsidiary or against any of their properties or revenues that have a reasonable likelihood of adverse determination and such determination, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Sources: Credit Agreement (Playa Hotels & Resorts N.V.), Credit Agreement (Playa Hotels & Resorts N.V.), Credit Agreement (Playa Hotels & Resorts N.V.)
Litigation. There are no actions, suits, proceedings, investigations, claims or disputes pending or, to the knowledge of the BorrowerLoan Parties, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower Borrowers or any of its their respective Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Sources: Credit Agreement (Armstrong Flooring, Inc.), Credit Agreement (Armstrong World Industries Inc), Credit Agreement (Armstrong World Industries Inc)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerHoldings or any Restricted Subsidiary, threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower Holdings or any of its Subsidiaries Restricted Subsidiary or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document or (b) either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Sources: Credit Agreement (ClubCorp Holdings, Inc.), Credit Agreement (ClubCorp Holdings, Inc.), Credit Agreement (ClubCorp Club Operations, Inc.)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerHoldings, overtly threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower Borrowers or any of its the Restricted Subsidiaries or against any of their properties or revenues (other than actions, suits, proceedings and claims in connection with the Transaction) that either individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Sources: Second Lien Credit Agreement, Second Lien Credit Agreement (DTZ Jersey Holdings LTD), Syndicated Facility Agreement (DTZ Jersey Holdings LTD)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerBorrower after due and diligent investigation, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues that either individually (a) purports to affect the legality, validity or in enforceability of any Loan Document or the aggregateconsummation of the transactions contemplated hereby, or (b) could reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Sources: Credit Agreement (Orbital Atk, Inc.), Credit Agreement (Orbital Sciences Corp /De/), Credit Agreement (Orbital Sciences Corp /De/)
Litigation. There are no actions, suits, proceedings, claims claims, investigations or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues that (a) affect or pertain to this Agreement or any other Loan Document, or any of the transactions contemplated hereby, or (b) either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Sources: Term Loan Agreement (Healthpeak Properties, Inc.), Credit Agreement (Healthpeak Properties, Inc.), Credit Agreement (Hcp, Inc.)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerBorrowers, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower any Loan Party or any of its Subsidiaries or against any of their properties or revenues (other than actions, suits, proceedings and claims in connection with the Transactions) that either individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Sources: Credit Agreement (OUTFRONT Media Inc.), Credit Agreement (OUTFRONT Media Inc.), Credit Agreement (OUTFRONT Media Inc.)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerBorrowers, threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower Borrowers or any of its Subsidiaries Restricted Subsidiary, or against any of their properties or revenues that either individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Sources: Credit Agreement (Maravai Lifesciences Holdings, Inc.), Credit Agreement (Maravai Lifesciences Holdings, Inc.), Credit Agreement (Maravai Lifesciences Holdings, Inc.)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues Restricted Subsidiaries, that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Sources: Credit Agreement (Tribune Media Co), Credit Agreement (Chicagoland Television News, LLC), Credit Agreement (Tribune Media Co)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerBorrower after due and diligent investigation, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document, or (b) either individually or in the aggregate, aggregate could reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Sources: Credit Agreement (ASGN Inc), Credit Agreement (On Assignment Inc), Credit Agreement (On Assignment Inc)
Litigation. There are no actions, suitssuits or legal, proceedingsequitable, claims arbitration or disputes administrative proceedings pending or, to the knowledge of the Borrower, investigations against or actions, suits or legal, equitable, arbitration or administrative proceedings threatened in writing against, or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against affecting the Borrower or any of its Subsidiaries or against Restricted Subsidiaries, in any of their properties or revenues case, that either individually or in the aggregate, could reasonably be expected to have result in a Material Adverse Effect.
Appears in 3 contracts
Sources: Term Loan Credit Agreement (MKS Instruments Inc), Term Loan Credit Agreement (MKS Instruments Inc), Term Loan Credit Agreement (MKS Instruments Inc)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerBorrowers, threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower Parent or any of its the Restricted Subsidiaries or against any of their properties or revenues (other than actions, suits, proceedings and claims in connection with the Transactions) that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Sources: Credit Agreement (Uniti Group Inc.), Credit Agreement (Uniti Group Inc.), Credit Agreement (Communications Sales & Leasing, Inc.)
Litigation. There are no actions, suits, proceedings, claims claims, or disputes pending or, to the knowledge of the BorrowerLoan Parties, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against Subsidiaries, before any of their properties or revenues that either individually or in the aggregate, could governmental authority which would reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Sources: Credit Agreement (CalAtlantic Group, Inc.), Credit Agreement (Standard Pacific Corp /De/), Credit Agreement (Standard Pacific Corp /De/)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any Subsidiary of its Subsidiaries or against any of their properties or revenues the Borrower that either individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Sources: Credit Agreement (Superior Industries International Inc), Credit Agreement (Superior Industries International Inc), Credit Agreement (Superior Industries International Inc)
Litigation. There are no actions, suits, investigations or legal, equitable, arbitration or administrative proceedings, claims or disputes pending or, to the knowledge of the such Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the such Borrower or any of its Subsidiaries which would have or against any of their properties or revenues that either individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Sources: Credit Agreement (PNM Resources Inc), Credit Agreement (PNM Resources Inc), Credit Agreement (PNM Resources Inc)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document, or any of the transactions contemplated hereby, or (b) either individually or in the aggregate, aggregate could reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Sources: Credit Agreement (Quidel Corp /De/), Credit Agreement (Quidel Corp /De/), Credit Agreement (Quidel Corp /De/)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues in respect of the Transactions that either individually has had or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Sources: Term Loan and Security Agreement (PBF Logistics LP), Term Loan and Security Agreement (PBF Energy Inc.), Term Loan and Security Agreement (PBF Logistics LP)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the such Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the such Borrower or any of its Subsidiaries Subsidiary or against any of their properties or revenues that either individually (a) purport to affect or in pertain to this Agreement or any other Loan Document, or any of the aggregate, transactions contemplated hereby or (b) could reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Sources: Credit Agreement (Raymond James Financial Inc), Credit Agreement (Raymond James Financial Inc), Credit Agreement (Raymond James Financial Inc)
Litigation. There are no actions, suits, proceedings, investigations, claims or disputes pending or, to the knowledge of any Guarantor or the Borrower, Borrower threatened or contemplated in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries Company or against any of their properties or revenues that either individually which (a) seek to affect or in pertain to this Agreement or any other Loan Document, or any of the aggregatetransactions contemplated hereby, or (b) could reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Sources: 364 Day Revolving Credit Agreement (Sunoco Logistics Partners L.P.), 364 Day Revolving Credit Agreement (Sunoco Logistics Partners L.P.), 364 Day Revolving Credit Agreement (Sunoco Logistics Partners L.P.)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the any Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower Company or any of its Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Sources: Second Refinancing and Incremental Amendment (Sungard Capital Corp Ii), Credit Agreement (Sungard Data Systems Inc), Credit Agreement (Sungard Data Systems Inc)
Litigation. There are no actions, suitssuits or legal, proceedingsequitable, claims arbitration or disputes administrative proceedings pending or, to the knowledge of the any Borrower, investigations against or actions, suits or legal, equitable, arbitration or administrative proceedings threatened in writing against, or contemplated, at law, in equity, in arbitration or before affecting any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against Restricted Subsidiaries, in any of their properties or revenues case, that either individually or in the aggregate, could reasonably be expected to have result in a Material Adverse Effect.
Appears in 3 contracts
Sources: Abl Credit Agreement (MKS Instruments Inc), Abl Credit Agreement (MKS Instruments Inc), Abl Credit Agreement (MKS Instruments Inc)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries Loan Parties or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document, or (b) except as set forth on Schedule 4.6, either individually or in the aggregate, if determined adversely, could reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Sources: Term Loan Agreement (Golden Queen Mining Co LTD), Term Loan Agreement (Golden Queen Mining Co LTD), Term Loan Agreement (Golden Queen Mining Co LTD)
Litigation. There are no actions, suits, proceedings, claims investigations or disputes proceedings by or before any Governmental Authority or arbitrator pending or, to the best knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, which could reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Sources: Credit Agreement (Ultramar Diamond Shamrock Corp), Loan Agreement (Ultramar Diamond Shamrock Corp), Credit Agreement (Ultramar Diamond Shamrock Corp)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerLoan Parties, threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower any Loan Party or any of its Subsidiaries or against any of their its properties or revenues that revenues, if determined adversely, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Sources: Credit Agreement (Chico's Fas, Inc.), Credit Agreement (Chico's Fas, Inc.), Credit Agreement (Chicos Fas Inc)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower any Loan Party or any of its Subsidiaries subsidiaries or against any of their properties or revenues that either could, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Sources: Bridge Loan Agreement (Lyondell Chemical Co), Bridge Loan Agreement (Lyondell Chemical Co), Bridge Loan Agreement (Lyondell Chemical Co)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower Borrower, or any of its the Restricted Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Sources: Credit Agreement (JOANN Inc.), Credit Agreement (JOANN Inc.), Credit Agreement (JOANN Inc.)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the any Borrower or any of its Subsidiaries Party, or against any of their properties or revenues that either individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Sources: Credit Agreement (Instructure Holdings, Inc.), Credit Agreement (Instructure Holdings, Inc.), Credit Agreement (Instructure Holdings, Inc.)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Restricted Subsidiaries or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document, or the consummation of the Transactions or (b) either individually or in the aggregate, aggregate could reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Sources: Bridge Facility Agreement (Bellring Brands, Inc.), Bridge Facility Agreement (Post Holdings, Inc.), Bridge Facility Agreement (Post Holdings, Inc.)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerLoan Parties, threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower any Loan Party or any of its Subsidiaries or against any of their its properties or revenues that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Sources: Credit Agreement (Foot Locker, Inc.), Credit Agreement (Foot Locker, Inc.), Credit Agreement (Foot Locker, Inc.)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower any Loan Party or any of its Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Sources: Senior Secured Loan Agreement (Nielsen Holdings B.V.), Senior Secured Loan Agreement (Nielsen Holdings B.V.), Senior Secured Loan Agreement (Nielsen CO B.V.)
Litigation. There are no actions, suits, proceedingsarbitrations, claims administrative hearings or disputes pending other proceedings pending, or, to the knowledge of the BorrowerBorrower threatened, threatened in writing against or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the affecting Borrower or any of its Subsidiaries Borrower’s property or against involving the validity or enforceability of any of their properties or revenues that either individually the Loan Documents at law or in the aggregateequity, could reasonably be expected or before any governmental or administrative agency. To Borrower’s knowledge, Borrower is not subject to have a Material Adverse Effectany order, writ, injunction, decree or demand of any court or any governmental authority.
Appears in 3 contracts
Sources: Loan Agreement (Accentia Biopharmaceuticals Inc), Loan Agreement (Accentia Biopharmaceuticals Inc), Loan Agreement (Accentia Biopharmaceuticals Inc)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the any Borrower, threatened in writing or contemplatedwriting, at law, in equity, in arbitration or before any Governmental Authority, by or against the any Borrower or any of its Subsidiaries Party, or against any of their properties or revenues that either individually or in the aggregate, could would reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Sources: Refinancing Amendment and Second Amendment to Credit Agreement (MeridianLink, Inc.), Credit Agreement (MeridianLink, Inc.), Credit Agreement (MeridianLink, Inc.)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerBorrowers, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower any Loan Party or any of its Subsidiaries or against any of their properties or revenues that either could, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Sources: Senior Secured Asset Based Credit Agreement (LyondellBasell Industries N.V.), Revolving Credit Agreement (Lyondell Chemical Co), Credit Agreement (Lyondell Chemical Co)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower Loan Parties or any of its the Other Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Sources: Credit Agreement (Vivint Solar, Inc.), Credit Agreement (Vivint Solar, Inc.), Credit Agreement (Vivint Solar, Inc.)
Litigation. There are no actions, suits, proceedings, claims proceedings or disputes investigations pending or, to the knowledge of the Borrower’s knowledge, threatened in writing or contemplated, at law, in equity, in arbitration by or before any court or any Governmental Authority, by body or against agency or any arbitration board which are reasonably likely to materially adversely affect the business, financial position or results of operations of the Borrower or any the authority or ability of the Borrower to perform its Subsidiaries obligations under this Agreement or against any of their properties or revenues that either individually or in the aggregate, could reasonably be expected to have a Material Adverse EffectNotes.
Appears in 3 contracts
Sources: Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)