Common use of Litigation Clause in Contracts

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigation, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any 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 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 32 contracts

Samples: Credit Agreement (AstroNova, Inc.), Credit Agreement (Bowman Consulting Group Ltd.), Credit Agreement (Powell Industries Inc)

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Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigation, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any 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 any of the transactions contemplated herebyits Subsidiaries which if determined adversely, or (b) either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Appears in 21 contracts

Samples: Credit Agreement (Phillips Edison & Company, Inc.), Credit Agreement (Phillips Edison & Company, Inc.), Credit Agreement (Phillips Edison & Company, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigation, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any Subsidiary or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document Document, or any of the transactions contemplated hereby, hereby or (b) either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Appears in 16 contracts

Samples: Credit Agreement (Green Plains Inc.), Credit Agreement (Green Plains Partners LP), Credit Agreement (Green Plains Partners LP)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigationParties, threatened or contemplatedin writing, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any 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 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 14 contracts

Samples: Credit Agreement (Comscore, Inc.), Credit Agreement (nCino, Inc.), Credit Agreement (Comscore, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties Borrower after due and diligent investigation, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Consolidated Party or any Subsidiary or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document 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 12 contracts

Samples: Credit Agreement (Sonoco Products Co), Credit Agreement (Sonoco Products Co), Credit Agreement (Sonoco Products Co)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigationParties, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any Subsidiary 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 Document, or any of the transactions contemplated hereby, hereby or (b) either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Appears in 12 contracts

Samples: Credit Agreement (Montrose Environmental Group, Inc.), Credit Agreement (Montrose Environmental Group, Inc.), Credit Agreement (Montrose Environmental Group, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigation, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any Subsidiary 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 Document, or any of the transactions contemplated hereby, hereby or (b) either individually or in the aggregate if determined adversely, could reasonably be expected to have a Material Adverse Effect.

Appears in 11 contracts

Samples: Credit Agreement (Shiloh Industries Inc), Credit Agreement (Shiloh Industries Inc), Credit Agreement (Shiloh Industries Inc)

Litigation. There are no actions, suits, proceedings, claims claims, disputes or disputes investigations pending or, to the knowledge of the Loan Parties after due and diligent investigationBorrower, threatened or contemplatedthreatened, at law, in equity, in arbitration or before any Governmental Authoritygovernmental authority, by or against any Loan Party or any Subsidiary Borrower or against any of their its 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 reasonably be expected to have a Material Adverse EffectEffect or (b) purport to affect or pertain to this Loan Agreement or any other loan agreement or any of the transactions contemplated hereby.

Appears in 10 contracts

Samples: Loan Agreement (Windtree Therapeutics Inc /De/), Loan Agreement (Windtree Therapeutics Inc /De/), Loan Agreement (Windtree Therapeutics Inc /De/)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Responsible Officers of the Loan Parties after due and diligent investigationParties, threatened or contemplatedin writing, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party the Borrower or any 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 any of the transactions contemplated hereby, hereby or (b) either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Appears in 9 contracts

Samples: Credit Agreement (Concentrix Corp), Credit Agreement (Synnex Corp), Credit Agreement and Joinder Agreement (Concentrix Corp)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigationParties, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any 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 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 9 contracts

Samples: Credit Agreement (Evi Industries, Inc.), Credit Agreement (Forest Road Acquisition Corp.), Credit Agreement (Mission Produce, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigationParties, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any Subsidiary or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document Document, or any of the transactions contemplated hereby, hereby or (b) either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Appears in 9 contracts

Samples: Credit Agreement (Cadence Design Systems Inc), Loan 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 Loan Parties after due and diligent investigation, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any Subsidiary 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 Document, or any of the transactions contemplated hereby, hereby or (b) either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Appears in 8 contracts

Samples: Credit Agreement (Fleetcor Technologies Inc), Credit Agreement (Fleetcor Technologies Inc), Credit Agreement (Fleetcor Technologies Inc)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigation, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any 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 any of the transactions contemplated hereby, or (b) either individually or in the aggregate could would reasonably be expected to have a Material Adverse Effect.

Appears in 8 contracts

Samples: Credit Agreement (Digital Turbine, Inc.), Credit Agreement (Digital Turbine, Inc.), Credit Agreement (Digital Turbine, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the any Loan Parties after due and diligent investigationParty, threatened or contemplatedthreatened, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any Subsidiary of its Subsidiaries or against any of their respective properties or revenues that (a) purport could reasonably be expected to adversely affect or pertain to this Agreement or Agreement, any other Loan Document or any of the transactions contemplated herebyhereby or thereby, or (b) either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Appears in 7 contracts

Samples: Credit Agreement (W. P. Carey Inc.), Credit Agreement (W. P. Carey Inc.), Credit Agreement (W. P. Carey Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Responsible Officers of the Loan Parties after due and diligent investigationParties, threatened or contemplatedin writing, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party the Borrower or any 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 any of the transactions contemplated hereby, hereby or (b) either individually or in the aggregate could would reasonably be expected to have a Material Adverse Effect.

Appears in 6 contracts

Samples: Credit Agreement (Docusign, Inc.), Credit Agreement (Docusign, Inc.), Credit Agreement (Grand Canyon Education, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigation, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party Holdings or any Subsidiary 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 herebyDocument, or (b) either individually or in the aggregate could would reasonably be expected to have a Material Adverse Effect.

Appears in 6 contracts

Samples: Credit Agreement (Container Store Group, Inc.), Credit Agreement (Container Store Group, Inc.), Credit Agreement (Container Store Group, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigation, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party the Company or any Subsidiary 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 Document, or any of the transactions contemplated hereby, hereby or (b) either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Credit Agreement (Navigant Consulting Inc), Credit Agreement (Navigant Consulting Inc), Credit Agreement (Omega Protein Corp)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigationParties, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any 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 any of the transactions contemplated hereby, or (b) either individually or in the aggregate could if determined adversely, would reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Credit Agreement (Silicon Laboratories Inc.), Credit Agreement (Silicon Laboratories Inc.), Credit Agreement (Silicon Laboratories Inc)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigationParties, threatened or contemplatedthreatened, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any Subsidiary of its Subsidiaries or against any of their its properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document Document, or any of the transactions contemplated hereby, or (b) either individually or in the aggregate aggregate, if determined adversely, could reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Term Loan Credit Agreement (Stein Mart Inc), Credit Agreement (Stein Mart Inc), Master Loan Agreement (Stein Mart Inc)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigationParties, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any Subsidiary 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 Document, or any of the transactions contemplated hereby, hereby or (b) either individually or in the aggregate if determined adversely, could reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Credit Agreement (ExamWorks Group, Inc.), Credit Agreement (Aegion Corp), Credit Agreement (ExamWorks Group, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigation, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party the Borrower or any Subsidiary 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 Document, or any of the transactions contemplated hereby, hereby or (b) either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (LCC International Inc), Credit Agreement (LCC International Inc), Credit Agreement (Per Se Technologies Inc)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigationParties, threatened or contemplatedthreatened, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any 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 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

Samples: Credit Agreement (Teligent, Inc.), Credit Agreement (Inseego Corp.), Credit Agreement (Inseego Corp.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigationParties, threatened or contemplatedin writing, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party 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 Document, or any of the transactions contemplated hereby, hereby or (b) either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (Coeur Mining, Inc.), Credit Agreement (Coeur Mining, Inc.), Credit Agreement (Coeur Mining, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the any Loan Parties after due and diligent investigationParty, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any Subsidiary 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 Document, or any of the transactions contemplated hereby, or (b) either individually or in the aggregate could would reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (Getty Realty Corp /Md/), Term Loan Credit Agreement (Getty Realty Corp /Md/), Credit Agreement (Getty Realty Corp /Md/)

Litigation. There are no actions, suits, proceedings, claims claims, investigations, or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigationParties, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any 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 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

Samples: Term Loan Agreement (Armstrong Flooring, Inc.), Credit Agreement (Armstrong Flooring, Inc.), Credit Agreement (Armstrong Flooring, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigationParties, threatened or contemplatedin writing, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any Subsidiary of its Subsidiaries or against any of their its properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document 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 4 contracts

Samples: Letter of Credit Agreement, Credit Agreement (Petsmart Inc), Letter of Credit Agreement (Petsmart Inc)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigationParties, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any Subsidiary of its Subsidiaries or against any of their its 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 3 contracts

Samples: Credit Agreement (Sears Hometown & Outlet Stores, Inc.), Term Loan Credit Agreement (Sears Hometown & Outlet Stores, Inc.), Credit Agreement (Sears Hometown & Outlet Stores, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigation, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any Subsidiary 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 Document, or any of the transactions contemplated hereby, hereby or (b) either individually or in the aggregate aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Coherus BioSciences, Inc.), Credit Agreement (Portola Pharmaceuticals Inc), Credit Agreement (Relypsa Inc)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the any Loan Parties Party after due and diligent investigation, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Consolidated Party or any Subsidiary or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document 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 3 contracts

Samples: Credit Agreement (Kennedy-Wilson Holdings, Inc.), Credit Agreement (Kennedy-Wilson Holdings, Inc.), Credit Agreement (Kennedy-Wilson Holdings, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent reasonable investigation, threatened or contemplatedin writing, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any Subsidiary or against any of their respective properties or revenues that 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 reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (SP Plus Corp), Credit Agreement (SP Plus Corp), Assignment and Assumption (SP Plus Corp)

Litigation. There are no actions, suits, proceedings, claims claims, investigations or disputes pending or, to the knowledge of the any Loan Parties after due and diligent investigationParty, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any Subsidiary of their respective Subsidiaries or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document 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

Samples: Credit Agreement (Healthpeak Properties, Inc.), Term Loan Agreement (Healthpeak Properties, Inc.), Term Loan Agreement (Healthpeak Properties, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the any Loan Parties after due and diligent investigationParty, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party the Borrower or any Subsidiary of its Subsidiaries or against any of their properties or revenues that (a) purport either individually or in the aggregate, could reasonably be expected to affect or pertain to this Agreement or any other Loan Document or any of the transactions contemplated herebyhave a Material Adverse Effect, or (b) either individually or in involve any of the aggregate Loan Documents, which could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Term Loan Agreement (Radioshack Corp), Credit Agreement (Radioshack Corp), Credit Agreement (Radioshack Corp)

Litigation. There are no actions, suits, proceedings, claims claims, disputes or disputes investigations pending or, to the knowledge of the any Loan Parties after due and diligent investigationParty, threatened or contemplatedthreatened, at lawLaw, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any Subsidiary thereof or against any of their properties or revenues that (a) either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect or (b) 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 reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Offerpad Solutions Inc.), Credit Agreement (Offerpad Solutions Inc.), Credit Agreement (Supernova Partners Acquisition Company, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigation, threatened or contemplatedin writing, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any Subsidiary of its Subsidiaries or against any of their its properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document Document, or any of the transactions contemplated herebyhereby to occur on the Closing Date, or (b) either individually or in the aggregate aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Term Loan Agreement (Quiksilver Inc), Joinder Agreement (Quiksilver Inc), Joinder Agreement (Quiksilver Inc)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigation, threatened investigation or contemplatedthreatened, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party the Company or any Subsidiary 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 Document, or any of the transactions contemplated hereby, hereby or (b) either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Flir Systems Inc), Credit Agreement (Flir Systems Inc), Credit Agreement (Flir Systems Inc)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the any Loan Parties Party after due and diligent investigation, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any Subsidiary of its Subsidiaries or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement Amendment or any other Loan Document or any of the transactions contemplated herebyDocument, or (b) either individually or in the aggregate aggregate, if determined adversely, could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Atlantica Sustainable Infrastructure PLC), Credit and Guaranty Agreement (Atlantica Sustainable Infrastructure PLC), Credit and Guaranty Agreement (Atlantica Sustainable Infrastructure PLC)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigation, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any Subsidiary or against any of their properties or revenues that (a) purport to materially 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 3 contracts

Samples: Credit Agreement (Solarcity Corp), Credit Agreement (Solarcity Corp), Credit Agreement (Solarcity Corp)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigation, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any Subsidiary or against any of their its properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document Document, or any of the transactions contemplated hereby, hereby or (b) either individually or in the aggregate aggregate, if determined adversely, could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Bridge Credit Agreement (American Financial Realty Trust), Bridge Credit Agreement (American Financial Realty Trust), Credit Agreement (American Financial Realty Trust)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Responsible Officers of the Loan Parties after due and diligent a reasonable investigation, threatened or contemplatedthreatened, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or affecting the Parent or any Subsidiary or against any of their properties or revenues revenue that (a) purport to affect or pertain to involve this Agreement or any other Loan Document or any of the transactions contemplated hereby, hereby or (b) either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Keyw Holding Corp), Credit Agreement (Keyw Holding Corp), Credit Agreement (Keyw Holding Corp)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Responsible Officers of the Loan Parties after due and diligent investigation, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party Borrower or any Subsidiary of its Subsidiaries or against any of their properties Properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document Document, or any of the transactions contemplated hereby, hereby or (b) either individually or in the aggregate could would reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Quanta Services, Inc.), Credit Agreement (Quanta Services, Inc.), Credit Agreement (Quanta Services Inc)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigationParties, threatened or contemplatedin writing, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any 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 any of the transactions contemplated hereby, or (b) either individually or in the aggregate could would, if determined adversely, reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Paycom Software, Inc.), Credit Agreement (Paycom Software, Inc.), Credit Agreement (Paycom Software, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigationParties, threatened or contemplatedin writing, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any Subsidiary or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document Document, or any of the transactions contemplated hereby, hereby or (b) either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Syntel Inc), Credit Agreement (Salesforce Com Inc), Credit Agreement (Salesforce Com Inc)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the any Loan Parties after due and diligent investigationParty, threatened or contemplatedin writing, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any Subsidiary Group Company or against any of their properties or revenues that (ai) purport to affect or pertain to this Agreement or any other Loan Document Document, or any of the transactions contemplated hereby, or (bii) either individually or in the aggregate aggregate, which, if determined adversely, could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Masonite International Corp), Credit Agreement (Masonite International Corp), Credit Agreement (Masonite International Corp)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigationParties, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any 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 any of the transactions contemplated hereby, or (b) either individually or in the aggregate could would reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Zynga Inc), Credit Agreement (Zynga Inc), Credit Agreement (Zynga Inc)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the each Loan Parties after due and diligent investigationParty, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any Subsidiary or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or Agreement, any other Loan Document or any the consummation of the transactions contemplated herebyTransaction, or (b) either individually or in the aggregate could aggregate, if determined adversely, would reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Einstein Noah Restaurant Group Inc), Credit Agreement (Einstein Noah Restaurant Group Inc), Credit Agreement (Einstein Noah Restaurant Group Inc)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the best knowledge of the Loan Parties after due and diligent investigationParties, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any 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 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 3 contracts

Samples: Credit Agreement (Radiant Logistics, Inc), Credit Agreement (Radiant Logistics, Inc), Credit Agreement (Radiant Logistics, Inc)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigationinquiry, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any Subsidiary or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document Document, or any of the transactions contemplated hereby, hereby or (b) either individually or in the aggregate if determined adversely, could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Second Lien Loan Agreement (TRM Corp), Credit Agreement (TRM Corp), Loan Agreement (TRM Corp)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigation, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Consolidated Party or any Subsidiary or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document 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

Samples: Credit Agreement (Longview Fibre Co), Credit Agreement (Longview Fibre Co), Credit Agreement (Longview Fibre Co)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigation, threatened or contemplatedthreatened, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any Subsidiary or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document Document, or any of the transactions contemplated hereby, hereby or (b) either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Dhi Group, Inc.), Credit Agreement (Dice Holdings, Inc.), Credit Agreement (Dice Holdings, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigation, threatened or contemplatedthreatened, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party GFI or any Subsidiary 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 Document, or any of the transactions contemplated hereby, hereby or (b) either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (GFI Group Inc.), Credit Agreement (GFI Group Inc.), Credit Agreement (GFI Group Inc.)

Litigation. There are no actions, suits, proceedingsinvestigations or legal, claims equitable, arbitration or disputes administrative proceedings pending or, to the knowledge of the any Loan Parties after due and diligent investigationParty, threatened against or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party affecting Cxxxxxxxx or any Subsidiary 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 if determined adversely, could reasonably be expected, individually or in the aggregate could reasonably be expected aggregate, to have result in a Material Adverse Effect.

Appears in 3 contracts

Samples: 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 Loan Parties after due and diligent investigationParties, threatened or contemplatedin writing, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any 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 any of the transactions contemplated hereby, or (b) either individually or in the aggregate could would reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (PTC Therapeutics, Inc.), Credit Agreement (Harmony Biosciences Holdings, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigation, threatened or contemplated, at lawLaw, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any Subsidiary or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document Document, or any of the transactions contemplated hereby, hereby or (b) either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Cantel Medical Corp), Credit Agreement (Cantel Medical Corp)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigation, threatened or contemplatedin writing, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any Subsidiary 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 Investment Document, or any of the transactions contemplated hereby, hereby or (b) could reasonably be expected, either individually or in the aggregate could reasonably be expected aggregate, to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Establishment Labs Holdings Inc.), Credit Agreement (Establishment Labs Holdings Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the any Loan Parties after due and diligent investigationParty, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any Subsidiary or against any of their properties or revenues that (a) purport to adversely and materially affect or pertain to this Agreement or any other Loan Document 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 2 contracts

Samples: Assignment and Assumption (Aflac Inc), Assignment and Assumption (Aflac Inc)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigationinquiry, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any 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 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 2 contracts

Samples: Credit Agreement (RigNet, Inc.), Credit Agreement (RigNet, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigation, threatened or contemplatedin writing, at lawLaw, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any 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 any of the transactions contemplated hereby, or (b) either individually or in the aggregate could would reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Cantel Medical Corp), Credit Agreement (Cantel Medical Corp)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigation, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party the Borrower or any Subsidiary 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 Document, or any of the transactions contemplated hereby, hereby or (b) either individually or in the aggregate if determined adversely, could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Usa Truck Inc), Credit Agreement (Laureate Education, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigation, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any Subsidiary or against any of their properties or revenues that (a) purport to affect or pertain to the enforceability or validity of this Agreement or any other Loan Document Document, or any of the transactions contemplated hereby, hereby or (b) either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Qorvo, Inc.), Credit Agreement (Qorvo, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigation, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any Subsidiary or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document Document, or any of the transactions contemplated hereby, hereby or (b) either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Stifel Financial Corp), Credit Agreement (Infrastructure & Energy Alternatives, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigation, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any Subsidiary or against any of their properties properties, rights 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 reasonably be expected to have a Material Adverse Effect.. 5.07

Appears in 2 contracts

Samples: Credit Agreement (Alamo Group Inc), Credit Agreement (Alamo Group Inc)

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Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigation, threatened or contemplatedthreatened, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party the Company or any Subsidiary 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 Document, or any of the transactions contemplated hereby, hereby or (b) either individually or in the aggregate could would reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Flir Systems Inc), Credit Agreement (Flir Systems Inc)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigation, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party the Parent or any Subsidiary 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 Document, or any of the transactions contemplated hereby, hereby or (b) either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Brightpoint Inc), Credit Agreement (Brightpoint Inc)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge Knowledge of the Loan Parties after due and diligent investigationParties, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party the Borrower or any Subsidiary of its Subsidiaries or against any of their properties or revenues that (a) purport to affect or pertain to performance under this Agreement or any other Loan Document or any of the transactions contemplated hereby, or and (b) either individually or in the aggregate could aggregate, if determined adversely, would reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Lydall Inc /De/), Credit Agreement (Lydall Inc /De/)

Litigation. There are no actions, suits, proceedings, claims claims, disputes or disputes investigations pending or, to the knowledge of the any Loan Parties after due and diligent investigationParty, threatened or contemplatedthreatened, at lawLaw, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any Subsidiary of a Loan Party or against any of their properties or revenues that (a) if adversely determined, either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect or (b) 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 reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Revolving Credit Agreement, Revolving Credit Agreement (Enstar Group LTD)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigation, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party the Parent or any Subsidiary or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document Document, or any of the transactions contemplated hereby, hereby or (b) either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Balchem Corp), Credit Agreement (Balchem Corp)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigationParties, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any Subsidiary of its Subsidiaries or against any of their properties or revenues that (a) purport to materially and adversely affect or pertain to this Agreement or any other Loan Document Document, or any of the transactions contemplated hereby, hereby or (b) either individually or in the aggregate if determined adversely, could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Portfolio Recovery Associates Inc), Credit Agreement (Portfolio Recovery Associates Inc)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigationParties, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any Subsidiary 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 Document, or any of the transactions contemplated hereby, hereby or (b) either individually or in the aggregate aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Zevra Therapeutics, Inc.), Credit Agreement (Dermira, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the such Loan Parties Party after due and diligent investigation, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any such Loan Party or any Subsidiary 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 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 2 contracts

Samples: Credit Agreement (Starwood Property Trust, Inc.), Credit Agreement (Starwood Property Trust, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the any Loan Parties after due and diligent investigationParty, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party the Lead Borrower or any Subsidiary of its Subsidiaries or against any of their properties or revenues that (a) purport either individually or in the aggregate, could reasonably be expected to affect or pertain to this Agreement or any other Loan Document or any of the transactions contemplated herebyhave a Material Adverse Effect, or (b) either individually or in involve any of the aggregate Loan Documents, which could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Books a Million Inc), Credit Agreement (Books a Million Inc)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the actual knowledge of the Responsible Officers of the Loan Parties after due and diligent investigation, threatened investigation or contemplatedthreatened, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party the Company or any Subsidiary or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document Document, or any of the transactions contemplated hereby, hereby or (b) either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Wd 40 Co), Credit Agreement (Wd 40 Co)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigation, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party the Company or any Subsidiary 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 Document, or any of the transactions contemplated hereby, hereby or (b) either individually or in the aggregate if determined adversely, could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Brady Corp), Credit Agreement (Brady Corp)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and reasonably diligent investigation, threatened or contemplatedthreatened, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any 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 any of the transactions contemplated hereby, or (b) either individually or in the aggregate could reasonably be expected to have a Material Adverse EffectEffect except for the Watch Tariff Matter.

Appears in 2 contracts

Samples: Credit Agreement (Movado Group Inc), Credit Agreement (Movado Group Inc)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the any Loan Parties Party after due and diligent investigation, threatened or contemplatedin writing, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any Subsidiary 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 Document, or any of the transactions contemplated hereby, or (b) either individually or in the aggregate could would reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Paramount Group, Inc.), Credit Agreement (Paramount Group, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigation, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party the Borrower or any Subsidiary or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document Document, or any of the transactions contemplated hereby, hereby or (b) either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Citi Trends Inc), Credit Agreement (Epicor Software Corp)

Litigation. There are no actions, suits, proceedings, claims claims, investigations or disputes pending or, to the knowledge of the any Loan Parties after due and diligent investigationParty, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any Subsidiary of their respective Subsidiaries or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document 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.. 63

Appears in 1 contract

Samples: Term Loan Agreement (Healthpeak Properties, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigation, threatened or contemplatedin writing, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any 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 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 1 contract

Samples: Credit Agreement (Advanced Energy Industries Inc)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigation, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any 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 any of the transactions contemplated hereby, hereby or (b) either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (PRGX Global, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigation, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any an 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 any of the transactions contemplated hereby, or (b) either individually or in the aggregate could would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (KVH Industries Inc \De\)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigationParties, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any a Loan Party or any Subsidiary of its Subsidiaries or Affiliates or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document Document, or any of the transactions contemplated hereby, hereby or (b) either individually or in the aggregate aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Fortress Investment Group Holdings LLC)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the such Loan Parties after due and diligent investigationParty, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any such Loan Party or any Subsidiary 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 herebyif determined adversely, or (b) either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Dollar Thrifty Automotive Group Inc)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigationParties, threatened or contemplatedthreatened, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any 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 any of the transactions contemplated herebyTransactions, or (b) either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (1847 Goedeker Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigation, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party the Borrower or any Subsidiary 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 herebyDocument, or (b) either individually or in the aggregate if determined adversely, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Navigant International Inc)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigation, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party Holdings or any Subsidiary 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 herebyDocument, or (b) either individually or in the aggregate could would reasonably be expected to have a Material Adverse Effect.. ​

Appears in 1 contract

Samples: Credit Agreement (Container Store Group, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent reasonable investigation, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party the Borrower or any Subsidiary or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document Document, or any of the transactions contemplated hereby, hereby or (b) either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (GT Solar International, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigationParties, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party the Borrower or any Subsidiary 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 Document, or any of the transactions contemplated hereby, hereby or (b) either individually or in the aggregate if determined adversely, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Ipayment Inc)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigationParties, threatened or contemplatedthreatened, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any Subsidiary or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document Document, or any of the transactions contemplated hereby, hereby or (b) either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (K12 Inc)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the any Loan Parties Party after due and diligent investigation, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Required Consolidated Party or any Subsidiary or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document 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 1 contract

Samples: Credit Agreement (Kennedy-Wilson Holdings, Inc.)

Litigation. There are no actions, suits, proceedings, claims suits or disputes proceedings by or before any arbitrator or Governmental Authority pending against any Loan Party or, to the knowledge of the Borrower, threatened against or affecting the Loan Parties after due and diligent investigation, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any Subsidiary or against any of their properties or revenues that Subsidiaries (a) purport that would, individually or in the aggregate, reasonably be expected to affect or pertain to this Agreement or any other Loan Document or any of the transactions contemplated hereby, result in a Material Adverse Effect or (b) either individually that involve or in the aggregate affect, or that purport to or could reasonably be expected to have a Material Adverse Effectinvolve or affect, any Loan Document, any Amendment Documentation or the 2019 Restructuring Transactions.

Appears in 1 contract

Samples: Credit Agreement (Liberty Tax, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigation, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party the Parent or any Subsidiary 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 is reasonably likely to be determined adversely and, if determined adversely, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (C&d Technologies Inc)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigation, threatened or contemplatedin writing, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any Subsidiary or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document Document, or any of the transactions contemplated hereby, hereby or (b) either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Mimedx Group, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigation, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any Subsidiary 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 Investment Document, or any of the transactions contemplated hereby, hereby or (b) either individually or in the aggregate aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Kala Pharmaceuticals, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigation, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party the Borrower or any 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 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 1 contract

Samples: Credit Agreement (Cavco Industries Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigationParties, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any 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 any of the transactions contemplated hereby, or (b) either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.. 5.07

Appears in 1 contract

Samples: Credit Agreement (Mission Produce, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigation, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any 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 any of the transactions contemplated hereby, or (b) either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.that

Appears in 1 contract

Samples: Credit Agreement (Digital Turbine, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigationParties, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any Subsidiary 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 Document, or any of the transactions contemplated hereby, hereby or (b) either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.. 121

Appears in 1 contract

Samples: Credit Agreement (Montrose Environmental Group, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of any of the Loan Parties after due and diligent investigationBorrower Parties, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Borrower Party or any Subsidiary or against any of their respective properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document or any of the transactions contemplated herebyTransactions, or (b) except as would, either individually or in the aggregate could aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Security Agreement (BJ Services, Inc.)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigation, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any Material Subsidiary or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document Document, or any of the transactions contemplated hereby, hereby or (b) either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Blount International Inc)

Litigation. (a) There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigation, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any Subsidiary 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 Document, or any of the transactions contemplated hereby, hereby or (b) either individually or in the aggregate if determined adversely, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Online Resources Corp)

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigationParties, threatened or contemplatedthreatened, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any Subsidiary thereof 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 has had or could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (FreightCar America, Inc.)

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