Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of the Restricted Subsidiaries that 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, suitssuits or proceedings pending or threatened, proceedingsagainst or affecting the Borrower or the Property, claims or disputes pending or, to involving the knowledge validity or enforceability of any of the Borrower, overtly threatened in writingLoan Documents or the priority of the lien and security interest thereof, at law, law or in equity, in arbitration or before or by any Governmental Authority, by or against Holdings, the Borrower or any of the Restricted Subsidiaries that would reasonably be expected to have a Material Adverse Effectgovernmental authority.
Appears in 40 contracts
Sources: Construction/Permanent Second Deed of Trust Loan Agreement, Forgivable Loan Agreement, Home Construction/Permanent Loan Agreement
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writingwriting or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of its Subsidiaries or against any of their properties or revenues that either individually or in the Restricted Subsidiaries that would 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, investigations or legal, equitable, arbitration or administrative proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of the Restricted its Subsidiaries that which would have or 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, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any Restricted Subsidiary, or against any of the Restricted Subsidiaries their properties or revenues that 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 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, overtly threatened in writingagainst Borrower, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower Guarantor or any of the Restricted Subsidiaries that would Collateral, which actions, suits or proceedings, if determined against Borrower, Guarantor or such Collateral, are reasonably be expected likely to have result in 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, overtly threatened in writingwriting or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of the its Restricted Subsidiaries or against any of their properties or revenues that would 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 pending ornor, to the knowledge of the Borrower, overtly threatened against or in writing, at law, any other way relating adversely to or affecting any Credit Party or any Subsidiary thereof or any of their respective properties in equity, in arbitration any court or before any arbitrator of any kind or before or by any Governmental Authority, by or against Holdings, the Borrower or any of the Restricted Subsidiaries Authority that would could reasonably be expected to have a Material Adverse Effect.
Appears in 16 contracts
Sources: Credit Agreement (Cirrus Logic, Inc.), Credit Agreement (Chuy's Holdings, Inc.), Credit Agreement (Patrick Industries Inc)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of the Restricted Subsidiaries that 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 suits or disputes proceedings pending or, to the knowledge of the Borrower, overtly threatened in writingthreatened, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, any member of the Borrower Consolidated Group or against any of their properties or revenues that either individually or in the Restricted Subsidiaries that 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 BorrowerLoan Parties, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any member of the Restricted Subsidiaries Group or against any of their properties or revenues that would 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 or disputes pending or, to the knowledge of the any Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Parent Borrower or any of the Restricted its Subsidiaries that 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 BorrowerBorrowers, overtly threatened in writingwriting or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, 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 Restricted Subsidiaries Transaction) that would 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, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of the its Restricted Subsidiaries or against any of their properties or revenues (i) as of the Closing Date, that pertain to this Agreement, any other Loan Document or the 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 investigations or disputes proceedings (including Environmental Claims) pending or, to the knowledge of Holdings or the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against with respect to Holdings, the Borrower Borrower, or any of the Restricted Subsidiaries that would (a) involve any of the Credit Documents or (b) could reasonably be expected to have result in a Material Adverse Effect.
Appears in 10 contracts
Sources: Ninth Amendment (LPL Financial Holdings Inc.), Eighth Amendment (LPL Financial Holdings Inc.), Seventh Amendment (LPL Financial Holdings Inc.)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of the Restricted Subsidiaries that would reasonably be expected to have have, individually or in the aggregate, 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, overtly threatened in writingwriting or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, 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 Restricted Subsidiaries Transactions) that either individually or in the aggregate, 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 or disputes pending or, to the knowledge of the Borrower, overtly threatened in writingor contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of its Subsidiaries or against any of their properties that either individually or in the Restricted Subsidiaries that would 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 suits or disputes proceedings pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of its properties or assets by or before any court or any Governmental Authority which would materially and adversely affect the Restricted Subsidiaries that would 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, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of the Restricted Subsidiaries that either individually or in the 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, investigations or legal, equitable, arbitration or administrative proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, that materially adversely affect the Borrower or any transaction contemplated hereby or the ability of the Restricted Subsidiaries that would reasonably be expected Borrower to have a Material Adverse Effectperform its obligations under the Credit 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, disputes or known claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writingwriting or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of its Subsidiaries or against any of their properties or revenues, except as set forth in Schedule 3.15, or which individually or in the Restricted Subsidiaries that would 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 Lead Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Lead Borrower or any of the its Restricted Subsidiaries or against any of their properties or revenues that would 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, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any 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 Restricted Subsidiaries that would 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 Borrower, overtly Borrowers threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by against the Borrowers or any Restricted Subsidiary, or against Holdings, the Borrower or any of the Restricted Subsidiaries their properties or revenues that 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 Holdings or the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any member of the Restricted Subsidiaries that would 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 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 orpending, or to the its knowledge of the Borrower, overtly threatened in writingwriting or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdingsit or its properties that, either individually or in the Borrower or any of the Restricted Subsidiaries that aggregate, would reasonably be expected to have a Material Adverse Effect.
Appears in 7 contracts
Sources: Receivables Purchase Agreement (OUTFRONT Media Inc.), Purchase and Sale Agreement (OUTFRONT Media Inc.), QRS Purchase and Sale Agreement (OUTFRONT Media Inc.)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerBorrowers, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the any Borrower or any of the its Restricted Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, 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 proceedings or disputes investigations of any kind pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of its Subsidiaries before any court, tribunal or administrative agency or board which either in any individual case or in the Restricted Subsidiaries that aggregate, has or would reasonably be expected to have a Material Adverse Effect.
Appears in 6 contracts
Sources: Revolving Credit Agreement (Waste Connections, Inc.), Revolving Credit and Term Loan Agreement (Waste Connections, Inc.), Revolving Credit and Term Loan Agreement (Waste Connections, Inc.)
Litigation. There are no actions, suits, proceedings, claims suits or disputes proceedings pending or, to the knowledge of Holdings and the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, (a) with respect to the Borrower Transaction or any of the Restricted Subsidiaries Credit Document or (b) that would has had, or could reasonably be expected to have have, either individually or in the aggregate, a Material Adverse Effect.
Appears in 6 contracts
Sources: Term Loan Credit Agreement (J.Jill, Inc.), Term Loan Credit Agreement (J.Jill, Inc.), Term Loan Credit Agreement (J.Jill, Inc.)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, Holdings or the Borrower or any of the Borrower’s Restricted Subsidiaries Subsidiaries, or against any of their properties or revenues that would 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, proceedingsinvestigations or legal, claims equitable, arbitration or disputes administrative proceedings pending or, to the knowledge of the Borrower, overtly threatened in writingagainst the Borrower, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower of its Subsidiaries or any of the Restricted Subsidiaries that would its properties which could have or 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, overtly Borrowers threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower Borrowers or any Restricted Subsidiary, or against any of the Restricted Subsidiaries their properties or revenues that 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 is no actionslitigation, suitslegal or administrative proceeding, proceedingsinvestigation, claims or disputes other action of any nature pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration against or before any Governmental Authority, by or against Holdings, affecting the Borrower or any of the Restricted its Subsidiaries that would which upon adjudication could reasonably be expected to have a Material Materially Adverse Effect.
Appears in 6 contracts
Sources: Credit Agreement (KEMPER Corp), Credit Agreement (KEMPER Corp), Credit Agreement (KEMPER Corp)
Litigation. There are no actions, suits, proceedingsProceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any Restricted Subsidiary, or against any of the Restricted Subsidiaries their properties or revenues that 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, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of the Restricted Subsidiaries or any Affiliated Practice that 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 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, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of the Restricted Subsidiaries that would Collateral, which actions, suits or proceedings, if determined against Borrower or such Collateral, are reasonably be expected likely to have result in a Material Adverse Effect.
Appears in 5 contracts
Sources: Loan Agreement (Thomas Properties Group Inc), Loan Agreement (Thomas Properties Group Inc), Loan Agreement (Asset Investors Corp)
Litigation. There are no actions, suits, proceedings, claims suits or disputes proceedings pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of the its Restricted Subsidiaries that would reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect.
Appears in 5 contracts
Sources: Credit Agreement (Cincinnati Bell Inc), Credit Agreement (Cincinnati Bell Inc), Credit Agreement (Cincinnati Bell Inc)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of the Restricted Subsidiaries that would reasonably be expected to have a Material Adverse Effect.
Appears in 5 contracts
Sources: Credit Agreement (WideOpenWest, Inc.), Credit Agreement (Avaya Inc), Credit Agreement (Avaya Inc)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of the Restricted Subsidiaries that would reasonably be expected to have have, individually or in the aggregate, 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, proceedings, claims or disputes proceedings pending or, to the knowledge of the Borrower, overtly threatened in writing, against any Restricted Entity at law, in equity, or in arbitration admiralty, or by or before any Governmental Authoritygovernmental department, by commission, board, bureau, agency, instrumentality, domestic or against Holdingsforeign, the Borrower or any of the Restricted Subsidiaries that would arbitrator which could reasonably be expected to have cause a Material Adverse EffectChange.
Appears in 5 contracts
Sources: Credit Agreement (Integrated Electrical Services Inc), Credit Agreement (Integrated Electrical Services Inc), Credit Agreement (Integrated Electrical Services Inc)
Litigation. There are no actions, suits, proceedings, claims suits or disputes proceedings at law or in equity by or before any Governmental Authority now pending and served or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of the Restricted Subsidiaries Premises, that would reasonably be expected to have a Material Adverse Effect.
Appears in 5 contracts
Sources: Loan Agreement (Inland American Real Estate Trust, Inc.), Loan Agreement (Inland American Real Estate Trust, Inc.), Loan Agreement (Inland American Real Estate Trust, 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, overtly threatened in writingagainst or affecting 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 Holdings, the Borrower involve any Loan Document or any of the Restricted Subsidiaries Transactions or (ii) that would could, individually or in the aggregate, 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, overtly threatened in writingor contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of the Restricted its Subsidiaries or against any of their properties or revenues that would 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 Borrower, overtly threatened in writingwriting or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of the its Restricted Subsidiaries or against any of their properties or revenues that would 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, overtly threatened in writingwriting or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower Holdings or any of its Subsidiaries or against any of their properties or revenues that either individually or in the Restricted Subsidiaries that would 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, overtly threatened in writingthreatened, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of its Subsidiaries or against any of their properties or revenues that either individually or in the Restricted Subsidiaries that would 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, proceedings, claims or disputes pending or, to the knowledge of the BorrowerBorrowers, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by against the Borrowers or any Restricted Subsidiary, or against Holdings, the Borrower or any of the Restricted Subsidiaries their properties or revenues that 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 BorrowerHoldings or any Restricted Subsidiary, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower Holdings or any 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 Restricted Subsidiaries that would 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 suits or disputes proceedings pending ornor, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any Subsidiary or relating to any of the Restricted Subsidiaries their respective properties or before any arbitrator of any kind or before or by any Governmental Authority that would could reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Sources: Credit Agreement (Macquarie Infrastructure Corp), Credit Agreement (Macquarie Infrastructure Corp), Credit Agreement (Macquarie Infrastructure CO LLC)
Litigation. There are no actions, suits, proceedings, investigations, claims or disputes pending or, to the knowledge of the BorrowerLoan Parties, overtly threatened in writingor contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower Borrowers or any of the Restricted their respective Subsidiaries or against any of their properties or revenues that would 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, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower Borrowers or any of the Restricted Subsidiaries (other than actions, suits, proceedings and claims in connection with the Transaction) that 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 Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of Restricted Subsidiaries, that either individually or in the Restricted Subsidiaries that would 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 suits or disputes proceedings at law or in equity by or before any Governmental Authority or other agency now pending or, to the knowledge of the Borrowerits knowledge, overtly threatened in writing, at law, in equity, in arbitration against or before affecting any Governmental Authority, by or against Holdings, the Borrower or any of the Restricted Subsidiaries that Collateral Property, which actions, suits or proceedings, if determined against such Borrower or any Collateral Property, would reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Sources: Revolving Credit Agreement (FelCor Lodging Trust Inc), Revolving Credit Agreement (FelCor Lodging LP), Revolving Credit Agreement (FelCor Lodging Trust Inc)
Litigation. There are no actions, suits, proceedings, claims suits or disputes proceedings at law or in equity by or before any Governmental Authority now pending and served or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of the Restricted Subsidiaries Premises that would reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Sources: Loan Agreement (Inland Residential Properties Trust, Inc.), Loan Agreement (Inland Residential Properties Trust, Inc.), Loan Agreement (Inland American Real Estate Trust, Inc.)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower any Loan Party or any of the Restricted Subsidiaries that 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 BorrowerBorrowers, overtly threatened in writingwriting or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, 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 Restricted Subsidiaries Transactions) that either individually or in the aggregate, 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 Holdings or any Borrower, overtly threatened in writingwriting or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower Holdings or any of its Subsidiaries or against any of their properties or revenues that either individually or in the Restricted Subsidiaries that would 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, proceedingsinvestigations or legal, claims equitable, arbitration or disputes administrative proceedings pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration writing against or before any Governmental Authority, by or against Holdings, affecting the Borrower or any of the its Restricted Subsidiaries that would could reasonably be expected to have result in a Material Adverse Effect.
Appears in 4 contracts
Sources: Credit Agreement (Albany Molecular Research Inc), Credit Agreement (Albany Molecular Research Inc), Credit Agreement (Albany Molecular Research 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 writingor contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any Restricted Subsidiary or against any of their properties or revenues that either individually or in the Restricted Subsidiaries that would 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 suits or disputes proceedings pending ornor, to the knowledge of the Borrower, overtly threatened against or affecting the Borrower or any Subsidiary thereof or any of their respective properties in writing, at law, in equity, in arbitration any court or before any arbitrator of any kind or before or by any Governmental Authority, by or against Holdings, the Borrower or any of the Restricted Subsidiaries that would which could reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Sources: Term Loan Credit Agreement (Equifax Inc), Term Loan Credit Agreement (Equifax Inc), 364 Day Credit Agreement (Equifax Inc)
Litigation. There are no actions, suits, proceedingsinvestigations, claims claims, arbitrations or disputes proceedings (including Environmental Claims) pending or, to the knowledge of Holdings or the Borrower, overtly threatened in writing, at lawthreatened, in equity, in arbitration or before any Governmental Authority, by or against either case with respect to Holdings, the Borrower or any of the Restricted Subsidiaries that (a) involve any of the Credit Documents or (b) would reasonably be expected to have result in a Material Adverse Effect.
Appears in 4 contracts
Sources: Incremental Agreement (Grocery Outlet Holding Corp.), Incremental Agreement (Grocery Outlet Holding Corp.), Second Lien Credit Agreement (Grocery Outlet Holding Corp.)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of the its Restricted Subsidiaries or against any of their properties or revenues that would either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Sources: First Lien Credit Agreement (Sterling Check Corp.), Credit Agreement (Michaels Companies, Inc.), Credit Agreement (Michaels Companies, Inc.)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the any Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the any Borrower or any of their Subsidiaries or against any of their properties or revenues that either individually or in the Restricted Subsidiaries that would 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, overtly threatened in writingwriting or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower Company or any of its Subsidiaries or against any of their properties or revenues that either individually or in the Restricted Subsidiaries that would 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, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writingwriting or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower any Loan Party or any of its Subsidiaries or against any of their properties or revenues that either individually or in the Restricted Subsidiaries that would 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, proceedings, claims or disputes pending or, to the knowledge of the BorrowerBorrowers, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against HoldingsHolding, the Borrower Borrowers or any of their respective Subsidiaries or against any of their properties or revenues that either individually or in the Restricted Subsidiaries that would aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Sources: Credit Agreement (Sally Beauty Holdings, Inc.), Credit Agreement (Sally Beauty Holdings, Inc.), Credit Agreement (Sally Beauty Holdings, Inc.)
Litigation. There are no actions, suits, proceedings, disputes or known claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writingwriting or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of its Subsidiaries or against any of their properties or revenues, except as described in the Restricted Subsidiaries that would Merger Agreement or as set forth in Schedule 5.15, or which individually or in the aggregate, could not reasonably be expected to have result in a Material Adverse Effect.
Appears in 3 contracts
Sources: Credit Agreement (Puget Energy Inc /Wa), Credit Agreement (Puget Energy Inc /Wa), Credit Agreement (Puget Energy Inc /Wa)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writingor contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of its Subsidiaries or against any of their properties or revenues in respect of the Restricted Subsidiaries Transactions that would has had or 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, suitssuits or legal, proceedingsequitable, claims arbitration or disputes administrative proceedings pending or, to the knowledge of the Borrower, overtly investigations against or actions, suits or legal, equitable, arbitration or administrative proceedings threatened in writingwriting against, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, affecting the Borrower or any of the its Restricted Subsidiaries Subsidiaries, in any case, that would 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 claims, investigations or disputes pending or, to the knowledge of the Borrower, overtly threatened in writingwriting or contemplated, at lawLaw, in equity, in arbitration or before any Governmental AuthorityAuthority or Third Party Payor, by or against Holdingsthe Borrower, the Borrower any of its Subsidiaries or any Related Professional Corporation or against any of their properties or revenues that either individually or in the Restricted Subsidiaries that would aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Sources: Second Amendment and Restatement Agreement (Team Health Holdings Inc.), First Amendment and Restatement Agreement (Team Health Holdings Inc.), Credit Agreement (Team Health Holdings Inc.)
Litigation. There are no actions, suits, proceedings, claims suits or disputes proceedings pending or, to the knowledge of Holdings or the BorrowerBorrowers, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or writing against Holdings, the Borrower Borrowers or any of the Restricted Subsidiaries that would could reasonably be expected to have result in a Material Adverse Effect.
Appears in 3 contracts
Sources: Credit Agreement (Ingersoll Rand Inc.), Credit Agreement (Gardner Denver Holdings, Inc.), Credit Agreement (Gardner Denver Holdings, Inc.)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower Borrower, or any of the Restricted Subsidiaries that 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, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, 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 Restricted Subsidiaries Transactions) that either individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Sources: Credit Agreement (Avanos Medical, Inc.), Credit Agreement (Halyard Health, Inc.), Credit Agreement (Halyard Health, Inc.)
Litigation. There are no actions, suits, proceedings, claims investigations (conducted by any governmental or disputes other regulatory body of competent jurisdiction) or proceedings pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of the Restricted Subsidiaries that would could reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Sources: Credit Agreement (General Maritime Corp/), Credit Agreement (Todco), Credit Agreement (General Maritime Corp/)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerBorrower or any of its Subsidiaries, overtly threatened in writingthreatened, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of its Subsidiaries or against any of their properties or revenues or any of the Restricted Subsidiaries Projects that would either individually or in the aggregate, if determined adversely, could reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Sources: Credit Agreement (MN8 Energy, Inc.), Credit Agreement (MN8 Energy, Inc.), Credit Agreement (New PubCo Renewable Power Inc.)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any Subsidiary of the Restricted Subsidiaries Borrower that 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, proceedings, claims or disputes pending or, to the knowledge of the BorrowerLoan Parties, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower any Loan Party or against any of its properties or revenues that either individually or in the Restricted Subsidiaries that aggregate, if determined adversely, would reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Sources: Credit Agreement (Macy's, Inc.), Credit Agreement (Macy's, Inc.), Credit Agreement (Macy's, Inc.)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the any Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the any Borrower or any Restricted Subsidiary, or against any of the Restricted Subsidiaries their properties or revenues that would reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Sources: Credit Agreement (StandardAero, Inc.), Credit Agreement (Atotech LTD), Credit Agreement (Atotech LTD)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the any Borrower, overtly threatened in writingwriting or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower Company or any of its Subsidiaries or against any of their properties or revenues that either individually or in the Restricted Subsidiaries that would 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, overtly investigations against or actions, suits or legal, equitable, arbitration or administrative proceedings threatened in writingwriting against, at law, in equity, in arbitration or before affecting any Governmental Authority, by or against Holdings, the Borrower or any of the its Restricted Subsidiaries Subsidiaries, in any case, that would 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 BorrowerBorrowers, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower Parent or any of the Restricted Subsidiaries or against any of their properties or revenues (other than actions, suits, proceedings and claims in connection with the Transactions) that would 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, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of the Restricted Subsidiaries that its Subsidiaries, before any 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 BorrowerBorrowers, overtly threatened in writingwriting or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower any Loan Party or any of its Subsidiaries or against any of their properties or revenues that could, individually or in the Restricted Subsidiaries that would aggregate, 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, overtly threatened in writingwriting or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower Loan Parties or any of the Restricted Other Subsidiaries or against any of their properties or revenues that would 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 investigations 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, overtly threatened in writingagainst Borrower, at law, in equity, in arbitration or before any Governmental Authority, by or against HoldingsFirst Mortgage Borrower, the Mortgaged Property or any Collateral, which actions, suits or proceedings, if determined against Borrower or any of the Restricted Subsidiaries that would such Collateral, are reasonably be expected likely to have result in a Material Adverse Effect.
Appears in 3 contracts
Sources: Loan Agreement (Thomas Properties Group Inc), Loan Agreement (Thomas Properties Group Inc), Loan Agreement (Thomas Properties Group Inc)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by against any Borrower Party, or against Holdings, the Borrower or any of the Restricted Subsidiaries their properties or revenues that 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, investigations or legal, equitable, arbitration or administrative proceedings, claims or disputes pending or, to the knowledge of the such Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the such Borrower or any of the Restricted its Subsidiaries that which would have or 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, overtly threatened in writingwriting or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower any Loan Party or any of its subsidiaries or against any of their properties or revenues that could, individually or in the Restricted Subsidiaries that would aggregate, 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 investigations or disputes proceedings by or before any Governmental Authority or arbitrator pending or, to the best knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of the Restricted Subsidiaries that would 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 Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of its Subsidiaries or against any of their properties or revenues (other than actions, suits, proceedings and claims in connection with the Restricted Subsidiaries Transactions) that would either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Sources: First Amendment to Credit Agreement (Portillo's Inc.), First Amendment to Credit Agreement (Portillo's Inc.), Credit Agreement (Portillo's Inc.)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerParent or the Borrowers, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by against Parent, the Borrowers or any Restricted Subsidiary, or against Holdings, the Borrower or any of the Restricted Subsidiaries their properties or revenues that would reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Sources: Credit Agreement (Oatly Group AB), Credit Agreement (Oatly Group AB), Credit Agreement (Oatly Group AB)
Litigation. There Other than the Cases, there are no actions, suits, proceedings, claims claims, investigations or disputes pending or, to the knowledge of the Borrower, overtly threatened in writingwriting or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of its Subsidiaries or against any of their properties or revenues that, either individually or in the Restricted Subsidiaries that would aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Sources: Credit and Guarantee Agreement, Credit and Guarantee Agreement
Litigation. There are no actions, suits, proceedings, claims suits or disputes pending or, to the knowledge of the Borrower, overtly threatened proceedings at law or in writing, at law, in equity, in arbitration equity by or before any Governmental AuthorityAuthority or other agency now pending and served or, by to Borrower’s knowledge, threatened, involving or against Holdingsconcerning Borrower, Guarantor, or the Borrower or any of the Restricted Subsidiaries Property, that would reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Sources: Loan Agreement, Loan Agreement (Digital Realty Trust, Inc.)
Litigation. There are no actions, suits, proceedings, arbitration proceedings and claims or disputes pending or, to the best knowledge of the Borrower, overtly threatened against Borrower or maintained by Borrower at law or in writing, at law, in equity, in arbitration equity or before any Governmental Authority, by or against Holdings, the Borrower or any of the Restricted Subsidiaries that would reasonably be expected to have a Material Adverse Effect.Body
Appears in 2 contracts
Sources: Subordinated Loan Agreement (Security Associates International Inc), Subordinated Loan Agreement (Security Associates International Inc)
Litigation. There are no material actions, suits, proceedings, claims or disputes pending or, to the actual knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or against any of the Restricted Subsidiaries that would reasonably be expected to have a Material Adverse Effectits properties or revenues.
Appears in 2 contracts
Sources: Omnibus Amendment to Loan Documents (Palmer Square Capital BDC Inc.), Credit Agreement (Palmer Square Capital BDC Inc.)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writingwriting or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of its Subsidiaries or against any of their properties or revenues that either individually or in the Restricted Subsidiaries that would aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Sources: Term Loan Credit Agreement (CommScope Holding Company, Inc.), Credit Agreement (Station Casinos LLC)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerGuarantor, overtly threatened in writing, writing or contemplated at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower Guarantor or against any of its properties that, either individually or in the Restricted Subsidiaries that aggregate, would reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Sources: Guaranty (OUTFRONT Media Inc.), Guaranty (OUTFRONT Media Inc.)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerHoldings, overtly threatened in writingwriting or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower Holdings or any of the its Restricted Subsidiaries or against any of their properties or revenues that would either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Sources: Credit Agreement (Styron Canada ULC), Credit Agreement (Trinseo S.A.)
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerBorrower Representative’s knowledge, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower any Loan Party or against any of their respective properties or revenues that, either individually or in the Restricted Subsidiaries that would aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Sources: Credit Agreement (GIC Private LTD), Credit Agreement (Blackstone Holdings III L.P.)