Adverse Litigation. There is filed against Borrower any civil or ------------------ criminal action, suit or proceeding under any federal or state racketeering statute (including, without limitation, the Racketeer Influenced and Corrupt Organization Act of 1970), which action, suit or proceeding (i) is not dismissed within one hundred twenty (120) days, and (ii) could result in the confiscation or forfeiture of any material portion of the Collateral.
Adverse Litigation. There is no litigation pending or, to the knowledge of the Company or any of its Subsidiaries, threatened against or affecting the Company or any of its Subsidiaries that (i) adversely affects or challenges the legality, validity or enforceability of this Agreement, or (ii) would, if there were an unfavorable decision, have or reasonably be expected to have a Material Adverse Effect. There has not been, and to the knowledge of the Company, there is not pending any investigation by the Commission involving the Company or any current or former director or officer of the Company (in his or her capacity as such). The Commission has not issued any stop order or other order suspending the effectiveness of any registration statement filed by the Company under the Exchange Act or the Securities Act.
Adverse Litigation. Except as previously disclosed in writing to the Collateral Agent, there is no action, suit, proceeding, investigation or litigation pending and served on the Department which challenges the Department’s authority to execute, deliver or perform, or the validity or enforceability of, this Direct Agreement or the Contract Documents to which the Department is a party, or which challenges the authority of the Department official executing this Direct Agreement or the Contract Documents to which the Department is a party; and the Department has disclosed to the Collateral Agent any pending and un-served or threatened action, suit, proceeding, investigation or litigation with respect to such matters of which the Department is aware.
Adverse Litigation. Executive further represents and warrants that as of the date hereof, he is not currently subject to any lawsuit, proceeding before any governmental authority, or arbitration arising out of or related to any allegations of violations of any federal, state or local law, statute, regulation or other obligation based upon the conduct of Executive.
Adverse Litigation. Notice is given to the Borrower by the Bank, that, in the opinion of the Bank, any litigation, lien or governmental proceeding which has been instituted or filed against the Borrower will, to a material extent, adversely affect the financial condition or continued operation of the Borrower, and such litigation, lien or proceeding is not dismissed within sixty (60) days after such notice.
Adverse Litigation. No action, suit or proceeding shall have been instituted or threatened against RVB, First Federal and CNB by or before any court or governmental agency to restrain or prohibit, or to obtain damages in respect of, or which is related to or arising out of, this Agreement or the consummation of the transactions contemplated hereby.
Adverse Litigation. There shall not be pending or threatened any action or proceeding any action or proceeding before any court or governmental body which shall seek to restrain, prohibit, invalidate or collect damages arising out of the transaction contemplated herein.
Adverse Litigation. The Firm and the Agencies agree that a lawsuit filed by the Firm on behalf of a third party against any Agency during the term of the Firm’s representation of that Agency under this contract would create an actual conflict of interest, and the Firm shall not file such a lawsuit without the informed written consent of each Agency that would be a party to such litigation.
Adverse Litigation. Except as set forth in Schedule 5.01(e), there shall exist no claim, action, suit, investigation, litigation or proceeding, pending or threatened in any court or before any arbitrator or governmental instrumentality which could reasonably be expected to have a material adverse effect on (i) the condition (financial or otherwise), operations, performance, properties, assets, liabilities, business or prospects of any Borrower, the Loan Parties taken as a whole, or the Parent and its Subsidiaries taken as a whole, (ii) the ability of the Parent or any Loan Party to perform its obligations under the Loan Documents.
Adverse Litigation. In the event that Startech or Xxxxxxx is sued for infringement of patents as the result of its Exploitation of the Xxxxxxx Patents or shall become involved in a legal proceeding involving such Exploitation which challenges the right of Startech and/or Xxxxxxx to exploit the Xxxxxxx Patents (hereinafter called the "Adverse Proceeding"), the following provisions shall apply:
