Common use of Actions Before Governmental Authorities Clause in Contracts

Actions Before Governmental Authorities. Except as described on Schedule 5.4, there are no actions, suits or proceedings at law or in equity or by or before any governmental authority now pending or, to the knowledge of Borrower, threatened against or affecting Borrower or any business, property or rights of Borrower (i) which seek to prevent, enjoin, hinder or delay the transactions contemplated by the Loan Documents or (ii) as to which there is a reasonable possibility of an adverse determination and which, if adversely determined, would reasonably be expected to, individually or in the aggregate, result in a Material Adverse Effect.

Appears in 5 contracts

Samples: Loan and Security Agreement (Aegerion Pharmaceuticals, Inc.), Joinder Agreement (Aegerion Pharmaceuticals, Inc.), Joinder Agreement (Aegerion Pharmaceuticals, Inc.)

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Actions Before Governmental Authorities. Except as described on Schedule 5.45.5, there are no actions, suits or proceedings at law or in equity or by or before any governmental authority now pending or, to the knowledge of Borrower, threatened in writing against or affecting Borrower or any business, property or rights of Borrower (i) which seek to prevent, enjoin, hinder or delay the transactions contemplated by the involve any Loan Documents Document or (ii) as to which there is a reasonable possibility of an adverse determination and which, if adversely determined, would reasonably be expected to, individually or in the aggregate, result in a Material Adverse Effect.

Appears in 2 contracts

Samples: Joinder Agreement (Transcept Pharmaceuticals Inc), Loan and Security Agreement (Sirtris Pharmaceuticals, Inc.)

Actions Before Governmental Authorities. Except as described on Schedule 5.45.5, there are no actions, suits or proceedings at law or in equity or by or before any governmental authority now pending or, to the knowledge of any Borrower, threatened against or affecting any Borrower or any business, its property or rights of Borrower (i) which seek to prevent, enjoin, hinder or delay the transactions contemplated by the Loan Documents or (ii) as to which there is a reasonable possibility of an adverse determination and which, if adversely determined, would reasonably be expected to, individually or in the aggregate, result in a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Anthera Pharmaceuticals Inc)

Actions Before Governmental Authorities. Except as described on Schedule 5.45.5, there are no actions, suits or proceedings at law or in equity or by or before any governmental authority now pending or, to the knowledge of Borrower, overtly threatened against or affecting Borrower or any business, property or rights of Borrower (i) which seek to prevent, enjoin, hinder or delay the transactions contemplated by the involve any Loan Documents Document or (ii) as to which there is a reasonable possibility of an adverse determination and which, if adversely determined, would reasonably be expected to, individually or in the aggregate, result in a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Panacos Pharmaceuticals, Inc.)

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Actions Before Governmental Authorities. Except as described on Schedule 5.45.5, there are no actions, suits or proceedings at law or in equity or by or before any governmental authority Governmental Authority now pending or, to the knowledge of any Borrower, threatened against or affecting any Borrower or any business, its property or rights of Borrower (i) which seek to preventwould adversely affect the validity or enforceability of any Loan Document or the Lender’s rights under any Loan Document, enjoin, hinder or delay the transactions contemplated by the Loan Documents or (ii) as to which there is a reasonable possibility of an adverse determination and which, if adversely determined, would reasonably be expected to, individually or in the aggregate, result in a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Diomed Holdings Inc)

Actions Before Governmental Authorities. Except as described on Schedule 5.45.5, there are no actions, suits or proceedings at law or in equity or by or before any governmental authority now pending or, to the knowledge of Borrower, threatened (as evidenced by any writing to Borrower) against or affecting Borrower or any business, property or rights of Borrower (i) which seek to prevent, enjoin, hinder or delay the transactions contemplated by the involve any Loan Documents Document or (ii) as to which there is a reasonable possibility of an adverse determination and which, if adversely determined, would reasonably be expected to, individually or in the aggregate, result in a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Nexx Systems Inc)

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